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

DeKalb County DeKalb County School System IndictmentSchool System Indictment

10CR2861-610CR2861-6

Gwendolyn Keyes FlemingGwendolyn Keyes Fleming

District AttorneyDistrict Attorney

May 26, 2010May 26, 2010

Racketeer Influenced & Racketeer Influenced & Corrupt Organizations ActCorrupt Organizations Act

Accomplished in three ways:Accomplished in three ways:

Acquiring Property (including money) Acquiring Property (including money) Through A Pattern Of Racketeering Activity Through A Pattern Of Racketeering Activity (O.C.G.A. 16-14-4(a))(O.C.G.A. 16-14-4(a))

Conducting and Participating in an Enterprise Conducting and Participating in an Enterprise Through A Pattern Of Racketeering Activity Through A Pattern Of Racketeering Activity (O.C.G.A. 16-14-4(b))(O.C.G.A. 16-14-4(b))

Conspiring to do either of the above (O.C.G.A. Conspiring to do either of the above (O.C.G.A. 16-14-4(c))16-14-4(c))

GA RICO StatuteGA RICO Statute O.C.G.A. 16-14-4(a) - O.C.G.A. 16-14-4(a) - Acquiring Property Through A Acquiring Property Through A

Pattern Of Racketeering Activity Pattern Of Racketeering Activity

Makes it illegal for anyone:Makes it illegal for anyone:Through a Pattern ofRacketeering Activity

$ Property

To acquire or maintain,directly or indirectly,

Enterprise

GA RICO StatuteGA RICO Statute O.C.G.A. 16-14-4(b) O.C.G.A. 16-14-4(b) - Conducting and - Conducting and

Participating in an Enterprise Through A Pattern Participating in an Enterprise Through A Pattern Of Racketeering Activity Of Racketeering Activity

Makes it illegal for anyoneMakes it illegal for anyone

Through a Pattern of Racketeering Activity

To participate

Associated withEmployed by

Enterprise Enterprise

GA RICO StatuteGA RICO Statute

O.C.G.A. 16-14-4(c) – O.C.G.A. 16-14-4(c) – Conspiring to violate Conspiring to violate subsections (a) or (b) subsections (a) or (b)

Enterprise

Through a Pattern ofRacketeering Activity

$ Property

To acquire or maintain,directly or indirectly,

Enterprise

Associated withEmployed

by

Enterprise 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)

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)

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)

Definitions – Competitive BiddingDefinitions – 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.

Definitions – Competitive BiddingDefinitions – Competitive Bidding§ 36-91-21

(b) Any competitive sealed bidding process shall comply with the following(b) Any competitive sealed bidding process shall comply with the followingrequirements:requirements:

(1) (1) The governmental entity shall publicly advertise an invitation for bids;The governmental entity shall publicly advertise an invitation for bids;

(2) (2) Bidders shall submit sealed bids based on the criteria set forth in such Bidders shall submit sealed bids based on the criteria set forth in such invitation;invitation;

(3) (3) The governmental entity shall open the bids publicly and evaluate such The governmental entity shall open the bids publicly and evaluate such bids bids without discussions with the bidderswithout discussions with the bidders; and; and

(4) (4) The contract shall be awarded to the lowest responsible and responsive The contract shall be awarded to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the bidder whose bid meets the requirements and criteria set forth in the invitation for bids; provided, however, that if the bid from the lowest invitation for bids; provided, however, that if the bid from the lowest responsible and responsive bidder exceeds the funds budgeted for the responsible and responsive bidder exceeds the funds budgeted for the public works construction contract, the governmental entity may public works construction contract, the governmental entity may negotiate with such apparent low bidder to obtain a contract price within negotiate with such apparent low bidder to obtain a contract price within the budgeted amount. Such negotiations may include changes in the the budgeted amount. Such negotiations may include changes in the scope of work and other bid requirements.scope of work and other bid requirements.

RICO DefendantsAnthony V. Pope Anthony V. Pope Patricia Pope Crawford

Lewis

Cointa Cointa MoodyMoody

DCSS Employees in yellow

President & Register AgentA. Vincent Pope & Assoc., IncManaging Partners, PM, LLCVincent Pope Architects, Inc.

Chief Financial OfficerA.Vincent Pope & Assoc., Inc April 2005 – October 2007

PartnerManaging Partners, PM, LLC

CFO & SecretaryVincent Pope Architects, Inc.

Register AgentP2 Holdings, LLC

(joint accts w/ AVP)

The Charges The Charges Crawford Crawford

LewisLewisPat PopePat Pope Tony Tony

PopePopeCointa Cointa MoodyMoody

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 EmployeeCt 6: Bribery

Ct 7: Falsifying Public Doc.

Counts 1-4 Predicate ActsCounts 1-4 Predicate Acts STATE VIOLATIONSSTATE VIOLATIONS

Theft by Taking (O.C.G.A. §16-8-2)Theft by Taking (O.C.G.A. §16-8-2) Acts Involving TheftActs Involving Theft False Writings and Statements False Writings and Statements

(O.C.G.A. §16-10-20)(O.C.G.A. §16-10-20) Fraudulent Documents within the Fraudulent Documents within the

Jurisdiction of a Political Jurisdiction of a Political Subdivision (O.C.G.A. §16-10-20)Subdivision (O.C.G.A. §16-10-20)

Forgery – First Degree (O.C.G.A. Forgery – First Degree (O.C.G.A. §16-9-1)§16-9-1)

Bribery (O.C.G.A. §16-10-2)Bribery (O.C.G.A. §16-10-2) Hindering a Law Enforcement Hindering a Law Enforcement

Officer (O.C.G.A. §16-10-24)Officer (O.C.G.A. §16-10-24) Tampering with Evidence Tampering with Evidence

(O.C.G.A. §16-10-94)(O.C.G.A. §16-10-94)

FEDERAL FEDERAL VIOLATIONSVIOLATIONS Mail Fraud (18 U.S.C. Mail Fraud (18 U.S.C.

§1341)§1341) Wire Fraud (18 U.S.C. Wire Fraud (18 U.S.C.

§1343)§1343) Federal Funds Theft (18 Federal Funds Theft (18

U.S.C. §666)U.S.C. §666) Bribery (18 U.S.C. §666)Bribery (18 U.S.C. §666)

171 Total Predicate Acts171 Total Predicate ActsState needs to prove 2 Predicate Acts per Count per Defendant beyond a reasonable doubtState needs to prove 2 Predicate Acts per Count per Defendant beyond a reasonable doubt

The SchemeThe Scheme

Crawford LewisSuperintendent

Cointa MoodyAdmin Assistant to

Pat Pope

Pat PopeCOO

Tony PopeArchitect

A. Vincent Pope & Associates

DeKalb County School System(“Enterprise”)

All parties used the Enterprise to facilitateTHEFT, FRAUD & OBSTRUCTION

The Scheme The Scheme Construction ProjectsConstruction Projects



Pat Pope

Pat PopeCOO

$

$

Bribes & Blackmail

Approval of contracts

Columbia HSMcNair Cluster Elem

Mountain Industrial CenterArabia Mountain HS

FraudComp bidding violations

Comp b

iddin

g viola

tions

Tony PopeArchitect


The Scheme – Columbia HSThe Scheme – Columbia HS Background –Background –

Tony Pope’s Tony Pope’s original architectural contract for design & construction original architectural contract for design & construction of career technology & auditorium additions & HVAC systemof career technology & auditorium additions & HVAC system

When When Pat Pope Pat Pope is hired as COO of DCSS, is hired as COO of DCSS, Tony Pope Tony Pope is prohibited from is prohibited from performing any additional work outside of what had been contracted performing any additional work outside of what had been contracted forfor

Fraud via Change Order #2 signed by Fraud via Change Order #2 signed by Pat Pope Pat Pope andand Crawford LewisCrawford Lewis Not submitted to BOE for approval as required for contracts Not submitted to BOE for approval as required for contracts

>$50,000>$50,000 AdditionalAdditional $176,690 $176,690 paid to paid to Tony Pope Tony Pope although no work performedalthough no work performed

Fraud via Change Order #3 signed by Fraud via Change Order #3 signed by Pat Pope Pat Pope & & Crawford LewisCrawford Lewis Not submitted to BOE for approval as required for contracts Not submitted to BOE for approval as required for contracts

>$50,000>$50,000 Additional Additional $268,766.54 $268,766.54 paid to paid to Tony Pope Tony Pope although no new work although no new work

performedperformed

The Scheme – Columbia HSThe Scheme – Columbia HS Fraud via “Extension” in Change Order #7 signed by Fraud via “Extension” in Change Order #7 signed by Pat Pat

PopePope & & Crawford LewisCrawford Lewis New work (“ceiling down”) was disguised as an “Extension” of existing New work (“ceiling down”) was disguised as an “Extension” of existing

HVAC contract (“ceiling up”) & given new project numberHVAC contract (“ceiling up”) & given new project number Law prohibits disguising new work as change orders to circumvent Law prohibits disguising new work as change orders to circumvent

competitive bidding statutescompetitive bidding statutes Project not advertise new work as required by lawProject not advertise new work as required by law BOE mislead re: BOE mislead re: Tony Pope’sTony Pope’s involvement and characterization of project involvement and characterization of project Additional Additional $1,635,976.00 $1,635,976.00 paid to MERIT CONSTRUCTION who had paid to MERIT CONSTRUCTION who had

contracted with contracted with Tony PopeTony Pope Fraud via Deferred SPLOST II signed by Fraud via Deferred SPLOST II signed by Pat PopePat Pope & &

Crawford LewisCrawford Lewis Project not advertise new work as required by lawProject not advertise new work as required by law

BOE mislead BOE mislead Additional Additional $8,179,867.00 $8,179,867.00 paid to MERIT CONSTRUCTION who had paid to MERIT CONSTRUCTION who had

contracted with contracted with Tony PopeTony Pope GA DOE denied DCSS GA DOE denied DCSS $1,000,000.00 $1,000,000.00 in reimbursements due to the illegal in reimbursements due to the illegal

handling of this project – Letter from handling of this project – Letter from Pat Pope Pat Pope continued the fraudcontinued the fraud

The Scheme – Columbia HSThe Scheme – Columbia HS Fraud via Addendum #1 signed by Fraud via Addendum #1 signed by Pat PopePat Pope & &

Crawford LewisCrawford Lewis Additional Additional $625,000 $625,000 paid to paid to Tony Pope Tony Pope for architectural work related to for architectural work related to

Deferred SPLOST II for elevator installation, roof replacement etc. Deferred SPLOST II for elevator installation, roof replacement etc. No other architectural proposal solicited as required by lawNo other architectural proposal solicited as required by law Contract includes $30,625 for “General Contractor Bidding & Contract includes $30,625 for “General Contractor Bidding &

Negotiation” – since there were no other bidders, there was nothing to Negotiation” – since there were no other bidders, there was nothing to negotiatenegotiate

Fraud via Addendum #2 approved & signed by Fraud via Addendum #2 approved & signed by Pat Pat PopePope & & Crawford LewisCrawford Lewis Project not submitted to BOE for approvalProject not submitted to BOE for approval

Additional Additional $52,00.00 $52,00.00 paid to paid to Tony PopeTony Pope Fraud via Errors & OmissionsFraud via Errors & Omissions

Tony Pope’s Tony Pope’s poor workmanship resulted in poor workmanship resulted in $185,850.00 $185,850.00 worth of errors worth of errors that needed to be correctedthat needed to be corrected

Pat Pope Pat Pope & & Crawford Lewis Crawford Lewis did not seek reimbursement from did not seek reimbursement from Tony Tony Pope Pope for these costs pursuant to his contract.for these costs pursuant to his contract.

The Scheme – Columbia HSThe Scheme – Columbia HS

Total payments to Total payments to Tony PopeTony Pope::

$1,464,33.54$1,464,33.54

Payments Payments Tony Pope Tony Pope legitimately earned: legitimately earned:

$341,877.00$341,877.00

Fraudulent payments approved by Fraudulent payments approved by Pat Pat Pope Pope & & Crawford LewisCrawford Lewis::

$1,122,456.54$1,122,456.54

Acts of Racketeering ActivityColumbia High School Project

PAT POPE TONY POPE CRAWFORD LEWIS

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)

The Scheme – McNair ProjectThe Scheme – McNair Project Background – build elementary schoolBackground – build elementary school

Began as a Design-Bid-Build project with separate contract to BDG for Began as a Design-Bid-Build project with separate contract to BDG for architectural & engineering services. Construction was to be bid a later architectural & engineering services. Construction was to be bid a later datedate

Pat Pope Pat Pope andand Crawford Lewis Crawford Lewis terminate the Architectterminate the Architect Stop work order on 12/14/2005Stop work order on 12/14/2005 Crawford Lewis Crawford Lewis authorizes $105,532 payment to BDG who had authorizes $105,532 payment to BDG who had

completed 60% of work neededcompleted 60% of work needed Project changed to Design-Build format (facilitates architect of record Project changed to Design-Build format (facilitates architect of record

being concealed)being concealed) Pat Pope Pat Pope changes selection criteriachanges selection criteria

““Approach” component (aka architectural portion) of project increased Approach” component (aka architectural portion) of project increased by 25 percentage point to equal 35% of overall scoringby 25 percentage point to equal 35% of overall scoring

Tony Pope becomes part of CDM’s Design-Build Team that drafted their Tony Pope becomes part of CDM’s Design-Build Team that drafted their RFP responseRFP response

Pat Pope Pat Pope manipulates scoring of offerorsmanipulates scoring of offerors Pat Pope Pat Pope instructs Paulette Strain to change her score so that CDM won instructs Paulette Strain to change her score so that CDM won

the contractthe contract

The Scheme – McNair ProjectThe Scheme – McNair Project Tony Pope’s Tony Pope’s involvement in the RFP processinvolvement in the RFP process

Pat Pope Pat Pope gives gives Tony Pope Tony Pope inside information inside information Tony PopeTony Pope, via at least 12 emails, discusses project & inside information , via at least 12 emails, discusses project & inside information

with CDM before the contract is awardedwith CDM before the contract is awarded Pat Pope Pat Pope sends letter to GA DOE denying sends letter to GA DOE denying Tony Pope’s Tony Pope’s involvementinvolvement Post-award Post-award Tony Pope Tony Pope removed drawings containing his stamp from removed drawings containing his stamp from

public recordpublic record

Pat Pope Pat Pope holds improper BAFO Meetingholds improper BAFO Meeting Of the 5 offerors, Of the 5 offerors, Pat Pope Pat Pope only meets with CDM in a one-on-one meeting.only meets with CDM in a one-on-one meeting. CDM then submits a BAFO CDM then submits a BAFO $584,000 $584,000 below their original offer. CDM wins below their original offer. CDM wins

the contract over next closest bidder Nix Fowler.the contract over next closest bidder Nix Fowler. Crawford Lewis Crawford Lewis authorizes payment to CDM for authorizes payment to CDM for $11,900,000.00$11,900,000.00

Cointa Moody Cointa Moody notarizes all of notarizes all of Tony Pope’s Tony Pope’s pay applicationspay applications CDM contracts with CDM contracts with Tony Pope Tony Pope and pays his company and pays his company

$166,242.00$166,242.00

McNair ProjectPAT POPE TONY POPE CRAWFOR

D LEWISCOINTA MOODY

Theft by Taking(1 predicate act)

Theft by Taking(1 predicate act)


False Documents(4 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)

The Scheme – Mountain The Scheme – Mountain Industrial Center (MIC)Industrial Center (MIC)

Background –Background – Began as a Design-Bid-Build project with separate contract to CDH for Began as a Design-Bid-Build project with separate contract to CDH for

architectural & engineering services. Construction was to be bid a architectural & engineering services. Construction was to be bid a later date.later date.

Scope was to build Scope was to build entireentire warehouse including area for DECA (1 warehouse including area for DECA (1stst priority)priority)

Pat Pope Pat Pope terminates the Architect of Recordterminates the Architect of Record The BOE was not consulted or informed of this decisionThe BOE was not consulted or informed of this decision Pat Pope restructures as Design-Build project and advertises RFPPat Pope restructures as Design-Build project and advertises RFP MERITMERIT, , Tony Pope, NIX FOWLER & CDM attend pre-proposal meeting, NIX FOWLER & CDM attend pre-proposal meeting After the meeting, After the meeting, Tony Pope Tony Pope requests more information as a requests more information as a

member of the “MERIT Design Team”member of the “MERIT Design Team” MERIT did not submit bid due to concerns of bonding capabilityMERIT did not submit bid due to concerns of bonding capability HOGAN ultimately receives the highest (best) evaluation scoreHOGAN ultimately receives the highest (best) evaluation score

The Scheme – Mtn Indus CenterThe Scheme – Mtn Indus Center Pat Pope Pat Pope limits scope of worklimits scope of work

Pat Pope Pat Pope requests BAFO’s for DECA portion onlyrequests BAFO’s for DECA portion only Violated Competitive Bid statutes by not requesting BAFO for full Violated Competitive Bid statutes by not requesting BAFO for full

projectproject Violated Competitive Bid statutes by not advertising smaller DECA Violated Competitive Bid statutes by not advertising smaller DECA

projectproject

Misrepresentation to the BOEMisrepresentation to the BOE Did not disclose change in limited scope to BoardDid not disclose change in limited scope to Board HOGAN acquiesced & signed contract for MIC-DECAHOGAN acquiesced & signed contract for MIC-DECA

The Scheme – Mtn Ind CenterThe Scheme – Mtn Ind Center Fraudulent creation of MIC IIFraudulent creation of MIC II

Advertised for “remainder of MIC”Advertised for “remainder of MIC” NIX FOWLER teamed with NIX FOWLER teamed with Tony Pope Tony Pope & submitted RFP& submitted RFP NIX FOWLER won the award for NIX FOWLER won the award for $17,646,000.00$17,646,000.00

Misrepresentation to BOE & CounselMisrepresentation to BOE & Counsel Never informed Board of Never informed Board of Tony Pope’s Tony Pope’s involvementinvolvement Claimed that counsel approved his involvement after the factClaimed that counsel approved his involvement after the fact Crawford Lewis Crawford Lewis authorized payment to NIX FOWLER – authorized payment to NIX FOWLER – Tony Pope Tony Pope paid paid

$855,831.00$855,831.00 Additional money to Tony PopeAdditional money to Tony Pope

Change Order for architectural services to see if DCSS Admin offices Change Order for architectural services to see if DCSS Admin offices can be moved to MICcan be moved to MIC

Crawford Lewis Crawford Lewis executes executes $2,443,839 $2,443,839 Change Order for NIX FOWLERChange Order for NIX FOWLER As the architect on the MIC project, As the architect on the MIC project, Tony Pope Tony Pope benefitsbenefits

MIC Project

PAT POPE TONY POPE CRAWFORD LEWIS







Theft under 18 U.S.C. §666(2 predicate acts)

The Scheme – Arabia Mtn HSThe Scheme – Arabia Mtn HS Background –Background –

Pat Pope Pat Pope previously worked for TURNER & at her recommendation, DCSS previously worked for TURNER & at her recommendation, DCSS awarded TURNER the Arabia Mtn HS contractawarded TURNER the Arabia Mtn HS contract

TURNER’s original offer & BAFO were higher than competitor WINTERTURNER’s original offer & BAFO were higher than competitor WINTER Forged Tally SheetsForged Tally Sheets

Four RFP panelists did not sign their tally sheets & indicated that their Four RFP panelists did not sign their tally sheets & indicated that their signatures were forgedsignatures were forged

These tally sheets also incorrectly scored TURNER higher in the These tally sheets also incorrectly scored TURNER higher in the “Approach” (aka Architect) category than what panelists originally noted“Approach” (aka Architect) category than what panelists originally noted

Pat Pope Pat Pope was the only person having control of tally sheets after they was the only person having control of tally sheets after they were collected from panelist memberswere collected from panelist members

Bribery of Bribery of Pat Pope Pat Pope & & Crawford LewisCrawford 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 $10,000 of Masters Tickets in 2008 – Crawford Lewis used 4 of the 6 tickets Pat Pope receivedreceived

$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 Pat Pope & & Crawford Lewis Crawford Lewis never disclosed gifts to BOE in violation of never disclosed gifts to BOE in violation of policypolicy

Arabia Project

PAT POPE CRAWFORD LEWIS

Forgery 1st Degree(3 predicate acts)

Bribery(3 predicate acts)

False Statements(3 predicate acts)

Bribery under 18 U.S.C. §666(1 predicate acts)



Pope’s Total from DCSS (not including the e/o):

from Columbia: $1,122,456.54from McNair: $ 193,217.80from MIC: $1,075,718.00Grand Total:Grand Total: $2,391,392.34$2,391,392.34

Total Fraudulently Paid to Total Fraudulently Paid to Tony Pope via Tony Pope via

A. Vincent Pope & AssociatesA. Vincent Pope & Associates

Total DCSS committed via Total DCSS committed via illegally obtained illegally obtained

Construction ContractsConstruction ContractsProject Contracto

rIllegal Means Used Total Amount

of Contract

Columbia HS Merit Construction

1. Fraudulently characterizing new work as C/O

2. Did not advertise publicly

$ 9,815,843.00

McNair Project CD Moody Construction

1. Shared inside info2. 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

The Scheme The Scheme Gov’t Employee Theft & BriberyGov’t Employee Theft & Bribery



Pat Pope

Pat PopeCOO

$/Car/

Event tickets

Gifts from Contractors

Illegal car purchasesIllegal P-Card UsageFraudulent Overtime

Payments

$

$/Car/

Event

ticke

ts

Tony PopeArchitect


The Scheme – Gov’t Employee The Scheme – Gov’t Employee Theft & BriberyTheft & Bribery

BackgroundBackground Pat Pope Pat Pope fired HEERY-MITCHELL who oversaw construction contracts fired HEERY-MITCHELL who oversaw construction contracts

prior to her employment & replaced them with GUDE. She knew the prior to her employment & replaced them with GUDE. She knew the owner from prior employmentowner from prior employment

Bribery of Bribery of Pat Pope Pat Pope & Crawford Lewis& Crawford Lewis GUDE providedGUDE provided

$3,391.25 of Falcon’s Tickets for $3,391.25 of Falcon’s Tickets for Pat Pope Pat Pope & & Tony PopeTony Pope $18,622.00 of 2007 Final Four Tickets for $18,622.00 of 2007 Final Four Tickets for Pat Pope Pat Pope & & Tony PopeTony Pope $920.00 of Fox Theater Tickets for $920.00 of Fox Theater Tickets for Pat Pope Pat Pope & & Tony PopeTony Pope Multiple Tickets to the 2008 Atlanta Mayor’s Ball for Multiple Tickets to the 2008 Atlanta Mayor’s Ball for Pat PopePat Pope, , Tony Pope Tony Pope & & Crawford Crawford

LewisLewis

Pat Pope Pat Pope & & Crawford Lewis Crawford Lewis never disclosed gifts to BOE in violation of never disclosed gifts to BOE in violation of policypolicy


Pat Pope Pat Pope & & Crawford Lewis Crawford Lewis improperlyimproperly purchase purchase their government cars at discountstheir government cars at discounts DOAS policy prevents sale of gov’t cars to individualsDOAS policy prevents sale of gov’t cars to individuals DOAS policy says any cars to local gov’ts & non-profit orgs must be in DOAS policy says any cars to local gov’ts & non-profit orgs must be in

“as-is, where-is” condition“as-is, where-is” condition In 2007, In 2007, Crawford Lewis Crawford Lewis pays 35% of blue book value (pays 35% of blue book value ($5,766.25$5,766.25) for ) for

2006 Ford 500. DCSS originally paid 2006 Ford 500. DCSS originally paid $23,055 $23,055 approx.18 mos earlierapprox.18 mos earlier While researching purchase, prior to final sale, While researching purchase, prior to final sale, Crawford Lewis Crawford Lewis orders repairs to be orders repairs to be

performed on car totaling performed on car totaling $993.47 $993.47 (excluding labor).(excluding labor). Crawford Lewis Crawford Lewis lies to investigators about timing of repairslies to investigators about timing of repairs

In 2008, In 2008, Pat Pope Pat Pope has title for 2005 Ford Explorer put in her name for has title for 2005 Ford Explorer put in her name for $5,442.50 (35% of blue book value)/ DCSS originally paid $26,000.$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 Pat Pope ordered that $1,342.49 of repairs (excluding labor) be performed before title transferredtitle transferred


Improper use of DCSS Purchasing CardImproper use of DCSS Purchasing Card Crawford Lewis Crawford Lewis paid for hotel stay for personal vacation in Bahamaspaid for hotel stay for personal vacation in Bahamas Crawford Lewis Crawford Lewis paid for another overnight visit in Greensboro, GApaid for another overnight visit in Greensboro, GA No official county business was conducted during either eventNo official county business was conducted during either event

Cointa Moody Cointa Moody fraudulently obtains Overtime Pay for fraudulently obtains Overtime Pay for Personal BusinessPersonal Business Cointa Moody Cointa Moody received $60,000 from DCSS in Annual salaryreceived $60,000 from DCSS in Annual salary From July 2008 – June 2009, From July 2008 – June 2009, Cointa MoodyCointa Moody received received $42,312.81 $42,312.81 in in

overtime pay compared to the $10,000 in overtime pay she received overtime pay compared to the $10,000 in overtime pay she received the year beforethe year before

Cointa Moody Cointa Moody was conducting personal errands for Pat Pope when was conducting personal errands for Pat Pope when she claimed to be working on school related matters.she claimed to be working on school related matters.

The Scheme – Hindering InvestigationThe Scheme – Hindering Investigation After notifying authorities of After notifying authorities of Pat Pope’s Pat Pope’s illegal illegal

activities, activities, Crawford Lewis Crawford Lewis designates her as DCSS designates her as DCSS person responsible for responding to subpoenas re: person responsible for responding to subpoenas re: the 4 construction projectsthe 4 construction projects Pat Pope Pat Pope only relinquished 3 inches of documents and claimed full only relinquished 3 inches of documents and claimed full

compliancecompliance Search Warrants executed on October 13, 2009 yielded 50 banker’s Search Warrants executed on October 13, 2009 yielded 50 banker’s

boxes of additional relevant material all of which existed on dates boxes of additional relevant material all of which existed on dates subpoenas were received.subpoenas were received.

Additional search warrant executed on February 25, 2010 yielded 15 Additional search warrant executed on February 25, 2010 yielded 15 more boxes of relevant informationmore boxes of relevant information

Tony Pope Tony Pope failed to respond to subpoenas regarding failed to respond to subpoenas regarding MIC & the McNair Project.MIC & the McNair Project.

The Scheme – Hindering InvestigationThe Scheme – Hindering Investigation Crawford Lewis gives False StatementCrawford Lewis gives False Statement

Crawford Lewis Crawford Lewis lied to investigators when asked if he was being lied to investigators when asked if he was being blackmailed by Pat Popeblackmailed by Pat Pope

Crawford Lewis Crawford Lewis concealed from investigators the fact that Tony Pope concealed from investigators the fact that Tony Pope approached other contractors claiming they would win a contract with approached other contractors claiming they would win a contract with DCSS if they partnered with his company.DCSS if they partnered with his company.

Crawford Lewis attempts to stop District Attorney’s Crawford Lewis attempts to stop District Attorney’s InvestigationInvestigation Crawford Lewis Crawford Lewis asks Chief ADA Don Geary to table investigation for asks Chief ADA Don Geary to table investigation for

advantage in civil case against HEERY-MITCHELLadvantage in civil case against HEERY-MITCHELL

OTHER RACKETEERING ACTIVITYCRAWFORD LEWIS PAT POPE TONY

POPEMOODY



Hindering a LEO(1 predicate act)


False Statements (2 predicate acts)


Tampering with Evidence(1 predicate act)


Bribery(1 predicate act)

Bribery 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)

Count 5: 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

Count 6: Count 6:

BRIBERY

O.C.G.A. § 16-10-2Pat Pope, Crawford Lewis

Count 7: Count 7:

FALSIFYING PUBLIC RECORDS

O.C.G.A. § 45-11-1Pat Pope

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

Documents

enterprise slide

c slide

b enterprise

enterprise ct

property ct

rico b

rico c

acquiring property