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DeKalb County School System Indictment 10CR2861-6 Gwendolyn Keyes Fleming District Attorney May 26, 2010.

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Presentation on theme: "DeKalb County School System Indictment 10CR2861-6 Gwendolyn Keyes Fleming District Attorney May 26, 2010."— Presentation transcript:

1 DeKalb County School System Indictment 10CR2861-6 Gwendolyn Keyes Fleming District Attorney May 26, 2010

2 Racketeer Influenced & Corrupt Organizations Act Accomplished in three ways: Acquiring Property (including money) Through A Pattern Of Racketeering Activity (O.C.G.A. 16-14-4(a)) Acquiring Property (including money) Through A Pattern Of Racketeering Activity (O.C.G.A. 16-14-4(a)) Conducting and Participating in an Enterprise Through A Pattern Of Racketeering Activity (O.C.G.A. 16-14-4(b)) Conducting and Participating in an Enterprise Through A Pattern Of Racketeering Activity (O.C.G.A. 16-14-4(b)) Conspiring to do either of the above (O.C.G.A. 16-14-4(c)) Conspiring to do either of the above (O.C.G.A. 16-14-4(c))

3 GA RICO Statute O.C.G.A. 16-14-4(a) - Acquiring Property Through A Pattern Of Racketeering Activity O.C.G.A. 16-14-4(a) - Acquiring Property Through A Pattern Of Racketeering Activity Makes it illegal for anyone: Makes it illegal for anyone: Through a Pattern of Racketeering Activity $ Property To acquire or maintain, directly or indirectly, Enterprise

4 GA RICO Statute O.C.G.A. 16-14-4(b) - Conducting and Participating in an Enterprise Through A Pattern Of Racketeering Activity O.C.G.A. 16-14-4(b) - Conducting and Participating in an Enterprise Through A Pattern Of Racketeering Activity Makes it illegal for anyone Makes it illegal for anyone Through a Pattern of Racketeering Activity To participate Associated withEmployed by Enterprise

5 GA RICO Statute O.C.G.A. 16-14-4(c) – Conspiring to violate subsections (a) or (b) O.C.G.A. 16-14-4(c) – Conspiring to violate subsections (a) or (b) Enterprise Through a Pattern of Racketeering Activity $ Property To acquire or maintain, directly or indirectly, Enterprise Associated with Employed by

6 Enterprise means any person, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this state, or other legal entity; or any unchartered union, association, or group of individuals associated in fact although not a legal entity; and it includes illicit as well as licit enterprises and governmental as well as other entities. (O.C.G.A. § 16-14-3-(6)

7 Racketeering Activity means to commit, to attempt to commit, or to solicit, coerce, or intimidate another person to commit any crime which is chargeable by indictment under the following laws of this state (enumerated in 38 subparts) (O.C.G.A. § 16-14-3-(9A)

8 Racketeering Activity shall also mean any act or threat involving murder, kidnapping, gambling, arson, robbery, theft, receipt of stolen property, bribery, extortion, obstruction of justice, dealing in narcotic or dangerous drugs, or dealing in securities which is chargeable under the laws of the United States or any of the several states and which is punishable by imprisonment for more than one year. (O.C.G.A. § 16-14-3-(9A)

9 Definitions – Competitive Bidding § 36-91-21. Competitive award requirements (f) If any member of a governmental entity lets out any public works construction contract subject to the requirements of this article and receives, takes, or contracts to receive or take, either directly or indirectly, any part of the pay or profit arising out of any such contract, he or she shall be guilty of a misdemeanor.

10 Definitions – Competitive Bidding § 36-91-21 (b) Any competitive sealed bidding process shall comply with the following requirements: (1) The governmental entity shall publicly advertise an invitation for bids; (2) Bidders shall submit sealed bids based on the criteria set forth in such invitation; (3) The governmental entity shall open the bids publicly and evaluate such bids without discussions with the bidders; and (4) The contract shall be awarded to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids; provided, however, that if the bid from the lowest responsible and responsive bidder exceeds the funds budgeted for the public works construction contract, the governmental entity may negotiate with such apparent low bidder to obtain a contract price within the budgeted amount. Such negotiations may include changes in the scope of work and other bid requirements.

11 RICO Defendants Anthony V. Pope Anthony V. Pope Patricia Pope Crawford Lewis Cointa Moody Cointa Moody DCSS Employees in yellow President & Register Agent A. Vincent Pope & Assoc., Inc Managing Partners, PM, LLC Vincent Pope Architects, Inc. Chief Financial Officer A.Vincent Pope & Assoc., Inc April 2005 – October 2007 Partner Managing Partners, PM, LLC CFO & Secretary Vincent Pope Architects, Inc. Register Agent P2 Holdings, LLC (joint accts w/ AVP)

12 The Charges CrawfordLewis Pat Pope Tony Pope Cointa Moody Ct 1: RICO (b) (Participate in Enterprise) Ct 2: RICO (a) (Unlawfully acquire property) Ct 3: RICO (c) (Conspire to participate in Enterprise) Ct 4: RICO (c) (Conspire to acquire property) Ct 5: Theft by a Government Employee Ct 6: Bribery Ct 7: Falsifying Public Doc.

13 Counts 1-4 Predicate Acts STATE VIOLATIONS STATE VIOLATIONS Theft by Taking (O.C.G.A. §16-8-2) Theft by Taking (O.C.G.A. §16-8-2) Acts Involving Theft Acts Involving Theft False Writings and Statements (O.C.G.A. §16-10-20) False Writings and Statements (O.C.G.A. §16-10-20) Fraudulent Documents within the Jurisdiction of a Political Subdivision (O.C.G.A. §16-10-20) Fraudulent Documents within the Jurisdiction of a Political Subdivision (O.C.G.A. §16-10-20) Forgery – First Degree (O.C.G.A. §16- 9-1) Forgery – First Degree (O.C.G.A. §16- 9-1) Bribery (O.C.G.A. §16-10-2) Bribery (O.C.G.A. §16-10-2) Hindering a Law Enforcement Officer (O.C.G.A. §16-10-24) Hindering a Law Enforcement Officer (O.C.G.A. §16-10-24) Tampering with Evidence (O.C.G.A. §16-10-94) Tampering with Evidence (O.C.G.A. §16-10-94) FEDERAL VIOLATIONS Mail Fraud (18 U.S.C. §1341) Wire Fraud (18 U.S.C. §1343) Federal Funds Theft (18 U.S.C. §666) Bribery (18 U.S.C. §666) 171 Total Predicate Acts State needs to prove 2 Predicate Acts per Count per Defendant beyond a reasonable doubt

14 The Scheme Crawford Lewis Superintendent Cointa Moody Admin Assistant to Pat Pope COO Tony Pope Architect A. Vincent Pope & Associates DeKalb County School System (Enterprise) All parties used the Enterprise to facilitate THEFT, FRAUD & OBSTRUCTION

15 The Scheme Construction Projects Crawford Lewis Superintendent Cointa Moody Admin Assistant to Pat Pope COO $ $ Bribes & Blackmail Approval of contracts Columbia HS McNair Cluster Elem Mountain Industrial Center Arabia Mountain HS Fraud Comp bidding violations Tony Pope Architect A. Vincent Pope & Associates

16 The Scheme – Columbia HS Background – Background – Tony Popes original architectural contract for design & construction of career technology & auditorium additions & HVAC system Tony Popes original architectural contract for design & construction of career technology & auditorium additions & HVAC system When Pat Pope is hired as COO of DCSS, Tony Pope is prohibited from performing any additional work outside of what had been contracted for When Pat Pope is hired as COO of DCSS, Tony Pope is prohibited from performing any additional work outside of what had been contracted for Fraud via Change Order #2 signed by Pat Pope and Crawford Lewis Fraud via Change Order #2 signed by Pat Pope and Crawford Lewis Not submitted to BOE for approval as required for contracts >$50,000 Not submitted to BOE for approval as required for contracts >$50,000 Additional $176,690 paid to Tony Pope although no work performed Additional $176,690 paid to Tony Pope although no work performed Fraud via Change Order #3 signed by Pat Pope & Crawford Lewis Fraud via Change Order #3 signed by Pat Pope & Crawford Lewis Not submitted to BOE for approval as required for contracts >$50,000 Not submitted to BOE for approval as required for contracts >$50,000 Additional $268,766.54 paid to Tony Pope although no new work performed Additional $268,766.54 paid to Tony Pope although no new work performed

17 The Scheme – Columbia HS Fraud via Extension in Change Order #7 signed by Pat Pope & Crawford Lewis Fraud via Extension in Change Order #7 signed by Pat Pope & Crawford Lewis New work (ceiling down) was disguised as an Extension of existing HVAC contract (ceiling up) & given new project number New work (ceiling down) was disguised as an Extension of existing HVAC contract (ceiling up) & given new project number Law prohibits disguising new work as change orders to circumvent competitive bidding statutes Law prohibits disguising new work as change orders to circumvent competitive bidding statutes Project not advertise new work as required by law Project not advertise new work as required by law BOE mislead re: Tony Popes involvement and characterization of project BOE mislead re: Tony Popes involvement and characterization of project Additional $1,635,976.00 paid to MERIT CONSTRUCTION who had contracted with Tony Pope Additional $1,635,976.00 paid to MERIT CONSTRUCTION who had contracted with Tony Pope Fraud via Deferred SPLOST II signed by Pat Pope & Crawford Lewis Fraud via Deferred SPLOST II signed by Pat Pope & Crawford Lewis Project not advertise new work as required by law Project not advertise new work as required by law BOE mislead BOE mislead Additional $8,179,867.00 paid to MERIT CONSTRUCTION who had contracted with Tony Pope Additional $8,179,867.00 paid to MERIT CONSTRUCTION who had contracted with Tony Pope GA DOE denied DCSS $1,000,000.00 in reimbursements due to the illegal handling of this project – Letter from Pat Pope continued the fraud GA DOE denied DCSS $1,000,000.00 in reimbursements due to the illegal handling of this project – Letter from Pat Pope continued the fraud

18 The Scheme – Columbia HS Fraud via Addendum #1 signed by Pat Pope & Crawford Lewis Fraud via Addendum #1 signed by Pat Pope & Crawford Lewis Additional $625,000 paid to Tony Pope for architectural work related to Deferred SPLOST II for elevator installation, roof replacement etc. Additional $625,000 paid to Tony Pope for architectural work related to Deferred SPLOST II for elevator installation, roof replacement etc. No other architectural proposal solicited as required by law No other architectural proposal solicited as required by law Contract includes $30,625 for General Contractor Bidding & Negotiation – since there were no other bidders, there was nothing to negotiate Contract includes $30,625 for General Contractor Bidding & Negotiation – since there were no other bidders, there was nothing to negotiate Fraud via Addendum #2 approved & signed by Pat Pope & Crawford Lewis Fraud via Addendum #2 approved & signed by Pat Pope & Crawford Lewis Project not submitted to BOE for approval Project not submitted to BOE for approval Additional $52,00.00 paid to Tony Pope Additional $52,00.00 paid to Tony Pope Fraud via Errors & Omissions Fraud via Errors & Omissions Tony Popes poor workmanship resulted in $185,850.00 worth of errors that needed to be corrected Tony Popes poor workmanship resulted in $185,850.00 worth of errors that needed to be corrected Pat Pope & Crawford Lewis did not seek reimbursement from Tony Pope for these costs pursuant to his contract. Pat Pope & Crawford Lewis did not seek reimbursement from Tony Pope for these costs pursuant to his contract.

19 The Scheme – Columbia HS Total payments to Tony Pope: $1,464,33.54 Payments Tony Pope legitimately earned: $341,877.00 Fraudulent payments approved by Pat Pope & Crawford Lewis: $1,122,456.54

20 Acts of Racketeering Activity Columbia High School Project PAT POPETONY POPECRAWFORD LEWIS Theft by Taking (4 predicate acts) Theft by Taking (4 predicate acts) Theft by Taking (4 predicate acts) Acts Involving Theft (28 predicate acts) Acts Involving Theft (11 predicate acts) Acts Involving Theft (4 predicate acts) False Statements (13 predicate acts) Mail Fraud, 18 U.S.C. §1341 (1 predicate act) Theft under 18 U.S.C. §666 (4 predicate acts)

21 The Scheme – McNair Project Background – build elementary school Background – build elementary school Began as a Design-Bid-Build project with separate contract to BDG for architectural & engineering services. Construction was to be bid a later date Began as a Design-Bid-Build project with separate contract to BDG for architectural & engineering services. Construction was to be bid a later date Pat Pope and Crawford Lewis terminate the Architect Pat Pope and Crawford Lewis terminate the Architect Stop work order on 12/14/2005 Stop work order on 12/14/2005 Crawford Lewis authorizes $105,532 payment to BDG who had completed 60% of work needed Crawford Lewis authorizes $105,532 payment to BDG who had completed 60% of work needed Project changed to Design-Build format (facilitates architect of record being concealed) Project changed to Design-Build format (facilitates architect of record being concealed) Pat Pope changes selection criteria Pat Pope changes selection criteria Approach component (aka architectural portion) of project increased by 25 percentage point to equal 35% of overall scoring Approach component (aka architectural portion) of project increased by 25 percentage point to equal 35% of overall scoring Tony Pope becomes part of CDMs Design-Build Team that drafted their RFP response Tony Pope becomes part of CDMs Design-Build Team that drafted their RFP response Pat Pope manipulates scoring of offerors Pat Pope manipulates scoring of offerors Pat Pope instructs Paulette Strain to change her score so that CDM won the contract Pat Pope instructs Paulette Strain to change her score so that CDM won the contract

22 The Scheme – McNair Project Tony Popes involvement in the RFP process Tony Popes involvement in the RFP process Pat Pope gives Tony Pope inside information Pat Pope gives Tony Pope inside information Tony Pope, via at least 12 emails, discusses project & inside information with CDM before the contract is awarded Tony Pope, via at least 12 emails, discusses project & inside information with CDM before the contract is awarded Pat Pope sends letter to GA DOE denying Tony Popes involvement Pat Pope sends letter to GA DOE denying Tony Popes involvement Post-award Tony Pope removed drawings containing his stamp from public record Post-award Tony Pope removed drawings containing his stamp from public record Pat Pope holds improper BAFO Meeting Pat Pope holds improper BAFO Meeting Of the 5 offerors, Pat Pope only meets with CDM in a one-on-one meeting. Of the 5 offerors, Pat Pope only meets with CDM in a one-on-one meeting. CDM then submits a BAFO $584,000 below their original offer. CDM wins the contract over next closest bidder Nix Fowler. CDM then submits a BAFO $584,000 below their original offer. CDM wins the contract over next closest bidder Nix Fowler. Crawford Lewis authorizes payment to CDM for $11,900,000.00 Crawford Lewis authorizes payment to CDM for $11,900,000.00 Cointa Moody notarizes all of Tony Popes pay applications Cointa Moody notarizes all of Tony Popes pay applications CDM contracts with Tony Pope and pays his company $166,242.00 CDM contracts with Tony Pope and pays his company $166,242.00

23 McNair Project PAT POPETONY POPECRAWFORD LEWIS COINTA MOODY Theft by Taking (1 predicate act) Theft by Taking (1 predicate act) Theft by Taking (1 predicate acts) False Documents (4 predicate acts) Acts Involving Theft (5 predicate acts) Acts Involving Theft (3 predicate acts) Mail Fraud, 18 U.S.C. §1341 (1 predicate act) Wire Fraud, 18 U.S.C. §1343 (12 predicate acts) Theft under 18 U.S.C. §666 (1 predicate act)

24 The Scheme – Mountain Industrial Center (MIC) Background – Background – Began as a Design-Bid-Build project with separate contract to CDH for architectural & engineering services. Construction was to be bid a later date. Began as a Design-Bid-Build project with separate contract to CDH for architectural & engineering services. Construction was to be bid a later date. Scope was to build entire warehouse including area for DECA (1 st priority) Scope was to build entire warehouse including area for DECA (1 st priority) Pat Pope terminates the Architect of Record Pat Pope terminates the Architect of Record The BOE was not consulted or informed of this decision The BOE was not consulted or informed of this decision Pat Pope restructures as Design-Build project and advertises RFP Pat Pope restructures as Design-Build project and advertises RFP MERIT,, NIX FOWLER & CDM attend pre-proposal meeting MERIT, Tony Pope, NIX FOWLER & CDM attend pre-proposal meeting After the meeting, Tony Pope requests more information as a member of the MERIT Design Team After the meeting, Tony Pope requests more information as a member of the MERIT Design Team MERIT did not submit bid due to concerns of bonding capability MERIT did not submit bid due to concerns of bonding capability HOGAN ultimately receives the highest (best) evaluation score HOGAN ultimately receives the highest (best) evaluation score

25 The Scheme – Mtn Indus Center Pat Pope limits scope of work Pat Pope limits scope of work Pat Pope requests BAFOs for DECA portion only Pat Pope requests BAFOs for DECA portion only Violated Competitive Bid statutes by not requesting BAFO for full project Violated Competitive Bid statutes by not requesting BAFO for full project Violated Competitive Bid statutes by not advertising smaller DECA project Violated Competitive Bid statutes by not advertising smaller DECA project Misrepresentation to the BOE Misrepresentation to the BOE Did not disclose change in limited scope to Board Did not disclose change in limited scope to Board HOGAN acquiesced & signed contract for MIC-DECA HOGAN acquiesced & signed contract for MIC-DECA

26 The Scheme – Mtn Ind Center Fraudulent creation of MIC II Fraudulent creation of MIC II Advertised for remainder of MIC Advertised for remainder of MIC NIX FOWLER teamed with Tony Pope & submitted RFP NIX FOWLER teamed with Tony Pope & submitted RFP NIX FOWLER won the award for $17,646,000.00 NIX FOWLER won the award for $17,646,000.00 Misrepresentation to BOE & Counsel Misrepresentation to BOE & Counsel Never informed Board of Tony Popes involvement Never informed Board of Tony Popes involvement Claimed that counsel approved his involvement after the fact Claimed that counsel approved his involvement after the fact Crawford Lewis authorized payment to NIX FOWLER – Tony Pope paid $855,831.00 Crawford Lewis authorized payment to NIX FOWLER – Tony Pope paid $855,831.00 Additional money to Tony Pope Additional money to Tony Pope Change Order for architectural services to see if DCSS Admin offices can be moved to MIC Change Order for architectural services to see if DCSS Admin offices can be moved to MIC Crawford Lewis executes $2,443,839 Change Order for NIX FOWLER Crawford Lewis executes $2,443,839 Change Order for NIX FOWLER As the architect on the MIC project, Tony Pope benefits As the architect on the MIC project, Tony Pope benefits

27 MIC Project PAT POPETONY POPECRAWFORD LEWIS Theft by Taking (2 predicate acts) Theft by Taking (2 predicate acts) Theft by Taking (2 predicate acts) Acts Involving Theft (6 predicate acts) Acts Involving Theft (2 predicate acts) Acts Involving Theft (2 predicate acts) Theft under 18 U.S.C. §666 (2 predicate acts)

28 The Scheme – Arabia Mtn HS Background – Background – Pat Pope previously worked for TURNER & at her recommendation, DCSS awarded TURNER the Arabia Mtn HS contract Pat Pope previously worked for TURNER & at her recommendation, DCSS awarded TURNER the Arabia Mtn HS contract TURNERs original offer & BAFO were higher than competitor WINTER TURNERs original offer & BAFO were higher than competitor WINTER Forged Tally Sheets Forged Tally Sheets Four RFP panelists did not sign their tally sheets & indicated that their signatures were forged Four RFP panelists did not sign their tally sheets & indicated that their signatures were forged These tally sheets also incorrectly scored TURNER higher in the Approach (aka Architect) category than what panelists originally noted These tally sheets also incorrectly scored TURNER higher in the Approach (aka Architect) category than what panelists originally noted Pat Pope was the only person having control of tally sheets after they were collected from panelist members Pat Pope was the only person having control of tally sheets after they were collected from panelist members Bribery of Pat Pope & Crawford Lewis Bribery of Pat Pope & Crawford Lewis The following was solicited & received from TURNER: The following was solicited & received from TURNER: $10,000 of Masters Tickets in 2008 – Crawford Lewis used 4 of the 6 tickets Pat Pope received $10,000 of Masters Tickets in 2008 – Crawford Lewis used 4 of the 6 tickets Pat Pope received $3,399 of Masters Tickets in 2009 $3,399 of Masters Tickets in 2009 Premium Hawks Tickets – Games were attended by Pat Pope, Tony Pope & Premium Hawks Tickets – Games were attended by Pat Pope, Tony Pope & Pat Pope & Crawford Lewis never disclosed gifts to BOE in violation of policy Pat Pope & Crawford Lewis never disclosed gifts to BOE in violation of policy

29 Arabia Project PAT POPECRAWFORD LEWIS Forgery 1 st Degree (3 predicate acts) Bribery (3 predicate acts) False Statements (3 predicate acts) Bribery under 18 U.S.C. §666 (1 predicate acts) Bribery (3 predicate acts) Bribery under 18 U.S.C. §666 (1 predicate acts)

30 Grand Total:$2,391,392.34 Popes Total from DCSS (not including the e/o): from Columbia:$1,122,456.54 from McNair:$ 193,217.80 from MIC:$1,075,718.00 Grand Total:$2,391,392.34 Total Fraudulently Paid to Tony Pope via A. Vincent Pope & Associates

31 Total DCSS committed via illegally obtained Construction Contracts ProjectContractorIllegal Means UsedTotal Amount of Contract Columbia HSMerit Construction 1.Fraudulently characterizing new work as C/O 2.Did not advertise publicly $ 9,815,843.00 McNair ProjectCD Moody Construction 1.Shared inside info 2.Exclusive One-one meetings $ 11,900,000.00 Mountain Industrial Center Nix Fowler 1.Fraudulent creation of MIC II 2.Did not advertise smaller DECA project $20,089,839.00* Arabia Mountain HS Turner 1.Forged Tally Sheets $40,000,000.00* (approx.) * Including change orders

32 The Scheme Govt Employee Theft & Bribery Crawford Lewis Superintendent Cointa Moody Admin Assistant to Pat Pope COO $/Car/ Event tickets Gifts from Contractors Illegal car purchases Illegal P-Card Usage Fraudulent Overtime Payments $ $/Car/ Event tickets Tony Pope Architect A. Vincent Pope & Associates

33 The Scheme – Govt Employee Theft & Bribery Background Background Pat Pope fired HEERY-MITCHELL who oversaw construction contracts prior to her employment & replaced them with GUDE. She knew the owner from prior employment Pat Pope fired HEERY-MITCHELL who oversaw construction contracts prior to her employment & replaced them with GUDE. She knew the owner from prior employment Bribery of Pat Pope & Crawford Lewis Bribery of Pat Pope & Crawford Lewis GUDE provided GUDE provided $3,391.25 of Falcons Tickets for Pat Pope & Tony Pope $3,391.25 of Falcons Tickets for Pat Pope & Tony Pope $18,622.00 of 2007 Final Four Tickets for Pat Pope & Tony Pope $18,622.00 of 2007 Final Four Tickets for Pat Pope & Tony Pope $920.00 of Fox Theater Tickets for Pat Pope & Tony Pope $920.00 of Fox Theater Tickets for Pat Pope & Tony Pope Multiple Tickets to the 2008 Atlanta Mayors Ball for Pat Pope, Tony Pope & Crawford Lewis Multiple Tickets to the 2008 Atlanta Mayors Ball for Pat Pope, Tony Pope & Crawford Lewis Pat Pope & Crawford Lewis never disclosed gifts to BOE in violation of policy Pat Pope & Crawford Lewis never disclosed gifts to BOE in violation of policy

34 The Scheme – Govt Employee Theft & Bribery Pat Pope & Crawford Lewis improperly purchase their government cars at discounts Pat Pope & Crawford Lewis improperly purchase their government cars at discounts DOAS policy prevents sale of govt cars to individuals DOAS policy prevents sale of govt cars to individuals DOAS policy says any cars to local govts & non-profit orgs must be in as-is, where-is condition DOAS policy says any cars to local govts & non-profit orgs must be in as-is, where-is condition In 2007, Crawford Lewis pays 35% of blue book value ($5,766.25) for 2006 Ford 500. DCSS originally paid $23,055 approx.18 mos earlier In 2007, Crawford Lewis pays 35% of blue book value ($5,766.25) for 2006 Ford 500. DCSS originally paid $23,055 approx.18 mos earlier While researching purchase, prior to final sale, Crawford Lewis orders repairs to be performed on car totaling $993.47 (excluding labor). While researching purchase, prior to final sale, Crawford Lewis orders repairs to be performed on car totaling $993.47 (excluding labor). Crawford Lewis lies to investigators about timing of repairs Crawford Lewis lies to investigators about timing of repairs In 2008, Pat Pope has title for 2005 Ford Explorer put in her name for $5,442.50 (35% of blue book value)/ DCSS originally paid $26,000. In 2008, Pat Pope has title for 2005 Ford Explorer put in her name for $5,442.50 (35% of blue book value)/ DCSS originally paid $26,000. Pat Pope ordered that $1,342.49 of repairs (excluding labor) be performed before title transferred Pat Pope ordered that $1,342.49 of repairs (excluding labor) be performed before title transferred

35 The Scheme – Govt Employee Theft & Bribery Improper use of DCSS Purchasing Card Improper use of DCSS Purchasing Card Crawford Lewis paid for hotel stay for personal vacation in Bahamas Crawford Lewis paid for hotel stay for personal vacation in Bahamas Crawford Lewis paid for another overnight visit in Greensboro, GA Crawford Lewis paid for another overnight visit in Greensboro, GA No official county business was conducted during either event No official county business was conducted during either event Cointa Moody fraudulently obtains Overtime Pay for Personal Business Cointa Moody fraudulently obtains Overtime Pay for Personal Business Cointa Moody received $60,000 from DCSS in Annual salary Cointa Moody received $60,000 from DCSS in Annual salary From July 2008 – June 2009, Cointa Moody received $42,312.81 in overtime pay compared to the $10,000 in overtime pay she received the year before From July 2008 – June 2009, Cointa Moody received $42,312.81 in overtime pay compared to the $10,000 in overtime pay she received the year before Cointa Moody was conducting personal errands for Pat Pope when she claimed to be working on school related matters. Cointa Moody was conducting personal errands for Pat Pope when she claimed to be working on school related matters.

36 The Scheme – Hindering Investigation After notifying authorities of Pat Popes illegal activities, Crawford Lewis designates her as DCSS person responsible for responding to subpoenas re: the 4 construction projects After notifying authorities of Pat Popes illegal activities, Crawford Lewis designates her as DCSS person responsible for responding to subpoenas re: the 4 construction projects Pat Pope only relinquished 3 inches of documents and claimed full compliance Pat Pope only relinquished 3 inches of documents and claimed full compliance Search Warrants executed on October 13, 2009 yielded 50 bankers boxes of additional relevant material all of which existed on dates subpoenas were received. Search Warrants executed on October 13, 2009 yielded 50 bankers boxes of additional relevant material all of which existed on dates subpoenas were received. Additional search warrant executed on February 25, 2010 yielded 15 more boxes of relevant information Additional search warrant executed on February 25, 2010 yielded 15 more boxes of relevant information Tony Pope failed to respond to subpoenas regarding MIC & the McNair Project. Tony Pope failed to respond to subpoenas regarding MIC & the McNair Project.

37 The Scheme – Hindering Investigation Crawford Lewis gives False Statement Crawford Lewis gives False Statement Crawford Lewis lied to investigators when asked if he was being blackmailed by Pat Pope Crawford Lewis lied to investigators when asked if he was being blackmailed by Pat Pope Crawford Lewis concealed from investigators the fact that Tony Pope approached other contractors claiming they would win a contract with DCSS if they partnered with his company. Crawford Lewis concealed from investigators the fact that Tony Pope approached other contractors claiming they would win a contract with DCSS if they partnered with his company. Crawford Lewis attempts to stop District Attorneys Investigation Crawford Lewis attempts to stop District Attorneys Investigation Crawford Lewis asks Chief ADA Don Geary to table investigation for advantage in civil case against HEERY-MITCHELL Crawford Lewis asks Chief ADA Don Geary to table investigation for advantage in civil case against HEERY-MITCHELL

38 OTHER RACKETEERING ACTIVITY CRAWFORD LEWISPAT POPETONY POPEMOODY Acts Involving Theft (4 predicate acts) Acts Involving Theft (2 predicate acts) Hindering a LEO ( 1 predicate act) Acts Involving Theft (1 predicate acts) False Statements (2 predicate acts) Bribery (4 predicate acts) Tampering with Evidence ( 1 predicate act) Bribery ( 6 predicate acts) Bribery (1 predicate act) Bribery 18 U.S.C. §666 (2 predicate acts) Bribery under 18 U.S.C. §666 (2 predicate acts) Bribery under 18 U.S.C. §666 (1 predicate act) Hindering a LEO (1 predicate act) Hindering a LEO (3 predicate acts) Tampering with Evidence (1 pred.act) Tampering with Evidence (1 predicate act)

39 Count 5: THEFT BY TAKING BY A GOVERNMENT EMPLOYEE O.C.G.A. § 16-8-2 & § 16-8-12(a)(3) Pat Pope, Crawford Lewis, Cointa Moody

40 Count 6: BRIBERY O.C.G.A. § 16-10-2 Pat Pope, Crawford Lewis

41 Count 7: FALSIFYING PUBLIC RECORDS O.C.G.A. § 45-11-1 Pat Pope

42


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