Lynch, who was initially arrested in July by the North Carolina State Bureau of Investigation and the Vance County Sheriff's Office, will have two other counts lodged against him dismissed, court records filed in Greenville show.
The original criminal complaint filed against Lynch shows he was charged federally with possession with intent to distribute 500 grams or more of cocaine in Vance County on July 1.
The investigating SBI agent wrote in the complaint around June 30 a confidential informant registered with the Department of Homeland Security Office of Investigations arranged an operation to sell 7 kilos of cocaine to an unknown person within the Eastern District of North Carolina.
Three kilos was sham cocaine and the remaining 4 was actual cocaine previously tested positive.
The informant arranged for undercover agents to meet the buyer in Henderson to conduct the transaction and wait at a Henderson truck stop on Flemingtown Road where the agents would meet a man at the described only as a large Native American with short hair driving a white tow truck.
On July 1 it was settled the undercover agents would turn over 7 kilos in exchange for $120,000 — $30,000 per kilo for 4 grams and three kilos fronted — to the man later identified as Lynch.
At approximately 3:10 p.m. the agents were met by Lynch, who advised them he was $20,000 short but had approximately $100,000 in a black shoe box.
The agent advised he could pay the remainder another time. At that time a signal was given and a take-down operation led to Lynch's arrest.
Meanwhile, a motion filed by Lynch's attorney, Keith Williams of Greenville, asks his client be released pending sentencing.
“The punishment range is ten years to life,” Williams wrote in the motion. “Randy is a 49-year old married father of two children who lived with his wife … prior to his arrest in the instant case. Randy worked sixty to seventy hours per week on a regular basis in the auto repair shop, salvage yard, and towing business that he built from scratch. He was President of Lynch’s Auto Sales, Salvage & Wrecker Service Incorporated …”
The motion notes Lynch has agreed to forfeit $381,550 to the United States Government. “The plea agreement gives Randy the opportunity to sell assets in order to raise the funds needed to pay the forfeiture debt. If the $381,550 is not paid in a timely fashion, the government will have the burden of foreclosing on Randy’s shop and salvage yard and selling them to satisfy the debt.”
Says the motion: “It is in the best interest of both Randy and the government for Randy to sell property at full, fair market value in order to pay the asset forfeiture debt. Randy’s wife … is willing to assist him but lacks the experience and knowledge to be able to sell the salvage yard and its scrap cars in a manner that is commercially reasonable.”
The exceptional reason for allowing him release pending sentencing is he needs to sell the salvage yard to pay what he owes to the government, the motion says. “It is exceptional, in the experience of the undersigned, for a drug defendant to have property available to satisfy an asset forfeiture obligation. It is even more exceptional for the main asset to be a unique item such as a salvage yard. Randy alone among his family and friends has the experience and knowledge to sell the salvage yard in an appropriate manner, and he needs to be out of jail to do so.”
The motion says Lynch will submit to any and all conditions of release deemed appropriate by the court, including but not limited to wearing an ankle bracelet, submitting to electronic monitoring, and limiting travel to the Eastern District of North Carolina. “Randy’s family and life are located in eastern North Carolina, and he has no contacts with persons overseas or any other reason to believe he would fail to appear for court.”
