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Restore Public Trust Memorandum to the FBI, GBI and Inspector General

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MEMORANDUM
TO: CHRIS CAMPBELL, SPECIAL AGENT WITH DEPARTMENT OF ENERGY
FROM: VIOLA DAVIS
SUBJECT: RESTORE PUBLIC TRUST MEMORANDUM TO THE FBI, GBI AND INSPECTOR GENERAL
DATE: OCTOBER 23, 2014

CC: U.S. ATTORNEY SALLY QUILLIAN YATES, CEO LEE MAY, DEKALB BOARD OF COMMISSIONERS, DISTRICT ATTORNEY ROBERT JAMES, JERALD DALTON, BARBARA SANDERS, RESTORE DEKALB AND ALL APPROPRIATE PARTIES

Restore Public Trust Memorandum to the FBI, GBI and Inspector General
By Viola Davis RN BSN
October 23, 2014

Four reasons DeKalb County vendors/contractors request expansion of the investigation by the FBI, GBI and Inspector General into Purchasing and Contracting, Public Works, IT and Watershed.

I, Viola Davis, with Unhappy Taxpayer & Voter, submitted a 2nd amendment to the ethics complaint to restore public trust against Kelvin Walton, former Director and Chief Procurement Officer of the Department of Purchasing and Contracting and Nina Hall, former Executive Assistant/Secretary to CEO Burrell Ellis, and former Project Manager in the Watershed Department.

With the support of Restore DeKalb, we presented evidenced in a Restore Public Trust Ethics Complaint, Amendment I, that provided evidence and testimony of sworn statements by both Kelvin Walton and Nina Hall of lying to a special grand jury, taking money and/or service for personal gain, and engaging in alleged public corruption in purchasing and contracting within a DeKalb County government department. We have submitted over 420 pages of written documentation to justify Kelvin Walton and Nina Hall’s removal from the taxpayers and voters payroll.

DeKalb County has recently reorganized the Purchasing and Contracting Department that has allegedly caused ten people, thus far, to lose their jobs. Yet, the taxpayers and voters financed the salaries of Kelvin Walton and Nina Hall until October 7, 2014. Why?

It’s time for us to come to the reality that this local government has been in a crisis for far too long. As a watchdog group, we have complained for years about a “cloud of corruption” that gives DeKalb County a bad reputation as well as a black eye hindering economic development and decreasing public trust.

How can DeKalb County reorganize and cause ten people to lose their job while forcing the taxpayers and voters by continuing to pay two employees that clearly engaged in alleged illegal activity? Why did Interim CEO Lee May continue to keep Kelvin Walton and Nina Hall suspended “with pay” after such conclusive evidence and written documentation existed?

We need a full forensic audit to expose the “true” financial picture, shortfalls, and alleged criminal activity within the Watershed and Public Works Department. We need a full forensic audit of the IT and Purchasing and Contracting Department. We need an answer to the question, “Is there any criminal activity that should be prosecuted”?

Vendors and Contractors have requested a full criminal investigation by the Federal Bureau of Investigation and Inspector General (under RICO) into alleged criminal activity to include:

I. Hopie Strickland’s complaint to the Inspector General:

Bid-rigging (See Exhibit A)

Bid-rigging – Exhibit A Link

False Documentation (evidenced of fraudulent checks – See Exhibit B, Part 1, Part 2, and Part 3)
Part 1:

False Documentation – Exhibit B Part 1

Part 2:

False Documentation – Exhibit B Part 2

Part 3:

False Documentation – Exhibit B Part 3

Violation of the False Claims Act – (See Exhibit C)

Violation of the False Claims Act – Exhibit C

Fraud – (See Exhibit D)

Fraud – Exhibit D

Kickback, Up-Charging and over-billing – (See Exhibit E)

Kickbacks, Up-charging, and Over-billing – Exhibit E

Tax Fraud – (See Exhibit F)

Tax Fraud – Exhibit F

II. Complaints from Vendors/Contractors alleging criminal activity:

A majority of the documentation above involves a vendor named, Hopie Strickland. DeKalb County staff members were present and/or involved during a majority of the meetings detailing complaints of alleged criminal activity.

However through an Open Records Request, we have identified additional vendors and complaints alleging violation of policy and procedure, violation of the LSBE Ordinance and alleged criminal activity to include:

1. R. Harris requested assistance from Purchasing and Contracting:
a. Complaint of Pass through
b. Disagreement with practice of co-signing checks to another company
c. Complaint of fraud

2. M. Mikell’s letter to Purchasing and Contracting:
a. In March 2010, the DeKalb County Auditor questioned Mikell concerning payments
b. Felton Williams and Sharon Walker were contacted by M. Mikell; however, no follow up on concerns
c. Complaint of fraudulent acts
d. Complaint of major “cover up” by DeKalb County staff
e. Requests and concerns have fallen on “deaf ears”
f. Complaint of unethical behavior and alleged fraudulent schemes/tactics

3. Email from A. Jones to Park and Recreation Department/ Purchasing and Contracting:
a. Complaint of alleged illegal activity involving single bid process
b. Purchasing Department and Parks and Recreation Department set out to target a specific entity which is illegal in itself
c. Complaint that the business did not exist at the time of the RFP

III. The 2012 Special Purpose Grand Jury strongly recommended the District Attorney criminally investigate over 10 people in addition to Burrell Ellis:

A Special Purpose Grand Jury was impaneled on January 20, 2012 pursuant to O.C.G.A 15-12-100 to investigate the facts and circumstances surrounding the bidding, awarding and management of contracts in the DeKalb County Department of Watershed Management during the period of January 1, 2002 through December 31, 2010.

The special grand jury’s final report and presentment of its yearlong investigation into alleged corruption in county watershed department stemming back to the beginning of former CEO Vernon Jones’ administration strongly recommended the District Attorney criminally investigate the following individuals for possible indictment in addition to Burrell Ellis to include:

A. William “Wiz” Miller – Obstructing a criminal investigation.
B. Jabari Simama – Manipulation of selection committee process, perjury and bid-rigging.
C. Roy Barnes – Bid-rigging, kickbacks and perjury.
D. Hadi Haeri – Theft, false writings, perjury and bid-rigging.
E. Nadine Maghsoudlou – Theft, false writing, perjury and bid-rigging.
F. Vernon Jones – Bid-rigging and theft.
G. Paul Champion – Manipulation of the ITB process, false writings, theft and perjury.
H. Kevin Ross – Interference with government operations, manipulation of the RFP/ITB process and bid-rigging.
I. Jeffrey Walker – Theft, bid-rigging and perjury.
J. Christian Vann – False writings
K. John Willis and possibly, other individuals with Brown and Caldwell – theft, bid-rigging and perjury.

We need the FBI, GBI and/or Inspector General to expand their investigation to include the people mentioned in the special grand jury report if District Attorney Robert James continues to place his focus on Burrell Ellis instead of the ten people recommended for investigation and possible indictment.

IV. It is alleged that a Commissioner’s personal property was repaired with taxpayers’ money:

We were approached by several people alleging a DeKalb County Commissioner’s personal property was repaired with taxpayers’ money. Upon receiving the complaint, we submitted Open Records Request to obtain documentation to support the complaint. We spent over two weeks trying to get our Open Records Request answered. However, we would often experience excuses and one mistake after another that limited the information we received. Due to the number of mistakes (intentional or unintentional), we have reason to believe there are some validity to the allegations. We were given permission by one of the people making the allegation to forward the complaint to the FBI and Inspector General. We were informed the initial complaint was made to the District Attorney’s officer; however, no actions were ever taken against the Commissioner in question.

Until we place restoring public trust as a top priority, taxpayers, property owners, homeowners and business owners recommend the Board of Commissioners, those that remain, to immediately demonstrate the value they place in restoring public trust in our local government by enacting the following changes:
• Establish and fund an Internal Auditor.
• Creation of a new anti-corruption unit within the DeKalb Police Department, in concert with the FBI and GBI.
• Support the Board of Ethics and maintain its independence.

We are asking the FBI, GBI and Inspector General to demonstrate the value they place in restoring public trust in our local government by expanding their investigation to include Kelvin Walton and Nina Hall as well as staff persons in the Purchasing and Contracting Department, Public Works Department, IT and Watershed.

There are many DeKalb County taxpayers and voters that value restoring public trust and removing this “Cloud of Corruption”. We need the law enforcement agencies to take immediate action to restore public trust by removing this “cloud of corruption”.

Should CEO Lee May continue to refuse to enact a forensic audit of Purchasing and Contracting, Public Works, IT and Watershed, we respectfully request that the FBI, GBI and Inspector General exercise its given power to expand its investigation to include these department as well as Kelvin Walton and Nina Hall, based on our presentments to the Board of Ethics, such as:

Restore Public Trust Ethics Complaint – Original

Restore Public Trust Ethics Complaint – 1st Complaint

1st amendment – Restore Public Trust Ethics Complaint

Restore Public Trust Ethics Complaint – Original/Initial Complaint

2nd amendment – Restore Public Trust Ethics Complaint

1st Amendment – Restore Public Trust Ethics Complaint

We strive to present enough documentation and evidence to have this case classified as a RICO case.

Respectfully submitted,

Viola Davis
Community Missionary