Dwayne Ellis Baptiste, Retirement Account Embezzlement, TX 2024

BIRMINGHAM, AL – Dwayne Ellis Baptiste, 43, of Huntsville, Texas, is facing a hefty prison sentence after pleading guilty Tuesday to a brazen scheme to pilfer over $545,000 from the retirement account of a deceased Alabama man. Acting U.S. Attorney Robert O. Posey and FBI Special Agent in Charge Roger C. Stanton announced the guilty plea, marking a significant step in bringing Baptiste to justice for exploiting a vulnerable situation.

Baptiste admitted to four counts of wire fraud, one count of mail fraud, and one count of aggravated identity theft before U.S. District Court Judge L. Scott Coogler. The scheme unfolded in 2011, when Baptiste was acquainted with Ralph Swinehart and his father, Ronald Swinehart, both of Huntsville, Alabama. Ronald Swinehart, a retired Lockheed Martin employee, possessed a substantial retirement savings account managed by ING Institutional Plan Services. The elder Swinehart, seeking to ensure his affairs were in order, executed a durable power of attorney naming his son, Ralph, as his agent.

However, tragedy struck swiftly. Ronald Swinehart died on October 11, 2011, followed by his son, Ralph, just twelve days later on October 23, 2011. It was in this void that Baptiste saw opportunity. According to court documents, Baptiste filed a fraudulent power of attorney with the Madison County Probate Court, falsely appointing himself as Ronald Swinehart’s agent. He further compounded the deception by creating a sham company, “Swinehart Investment Solutions,” claiming both deceased men as members. This wasn’t just theft; it was a calculated insult to the memory of the victims.

In December 2011, Baptiste opened two commercial accounts at BBVA Compass Bank under the guise of Swinehart Investment Solutions. He then illegally altered the beneficiary designation on Ronald Swinehart’s retirement account, replacing Ralph Swinehart with himself, and redirected the account’s banking information to one of his controlled BBVA accounts. Posing as the deceased Ronald Swinehart, Baptiste contacted ING and fraudulently obtained instructions for withdrawing funds. The indictment details his use of Swinehart’s personal information – name, Social Security number, and address – constituting both mail fraud and aggravated identity theft. He then wired a total of $545,669 from the retirement account into his own coffers.

Baptiste didn’t stop there, moving the stolen funds through various accounts using withdrawals and cashier’s checks, attempting to obscure the trail of his crime. Now, he faces the consequences. Wire fraud and mail fraud each carry a maximum penalty of 20 years in prison and a $250,000 fine. Aggravated identity theft adds another two years to his potential sentence, which must be served consecutively to any other punishment imposed. This isn’t a slap on the wrist; it’s a serious reckoning for preying on the deceased.

The FBI spearheaded the investigation, with Assistant U.S. Attorneys John B. Ward and Manu Balachandran prosecuting the case. This prosecution serves as a warning: exploiting the deaths of others for financial gain will not be tolerated. Grimy Times will continue to follow this case and report on the sentencing when it’s announced, ensuring accountability for those who profit from tragedy.