What Defines Criminal Activity in DeKalb County?
What Defines Criminal Activity in DeKalb County?
By Viola Davis, May 9, 2016
A coalition of activist, organizations, business owners, etc. have joined together to demand transparency, ethics and accountability from DeKalb County government. We search for the “truth” that will remove the “cloud of corruption” and restore public trust by demanding the following request:
• A special prosecutor assigned by a federal or state agency
• A forensic audit of the Watershed, Purchasing and Contracting Departments
• Expansion of the Public Integrity Unit beyond the District Attorney’s Office with federal oversight
Why?
The coalition is making these requests due to the recent article published in the AJC in the month of April, this year, concerning the grand jury report. This article stated that District Attorney Robert James made the following statements:
• James told The Atlanta Journal-Constitution he’s completed a review of the grand jury’s findings, and not enough evidence exists to bring charges against nine people highlighted in the report. He declined to discuss three others named in the report. While the special grand jury uncovered serious concerns about inappropriate behavior, the conduct wasn’t necessarily criminal, the district attorney said.
• “We don’t make decisions based on what things look like,” James said. “We make decisions based on facts and evidence.”
DeKalb District Attorney Robert James and Senior Assistant District Attorney Cynthia Hill presented the findings of their review of a special…
The DeKalb County LSBE vendors voted to make the information public that we gave to law enforcement. The LSBE vendors were very upset that DA James proclaimed that there was no need to investigate issues/people concerning the grand jury report, particularly in the Watershed Department.
We are forwarding information on one particular contract for $1.4 million dollars. After submitting an Open Records Request and receiving Kelvin Walton’s emails, our researchers went through (and continue to go through) over 20,000 emails and hundreds of attachments. We found an attachment that provided the amount of money paid out on different contracts. The contract for $1.4 million paid out over $72 million dollars. Please note that this is the same contract that the FBI indicted two county employees for extortion and bribery in 2012.
I, Viola Davis, personally spoke to the contractor, and he said he did receive the $1.4 million dollars. However, he did not know anything about the $72 million. Our question is, who received the money?
We ask that you review the documents we delivered to District Attorney Robert James. We did not deliver the attachment of documents that involve the $72 million dollars because of the lack of action on former documents presented to the District Attorney’s Office. We are presenting these documents to the public to review and decide if there is enough information to demand action and another outside third party review for criminal activity.
We have the following questions for District Attorney Robert James to answer to include:
1. Is it criminal and/or illegal for the Board of Commissioners to vote on a local contract for approximately $1.4 million then Purchasing and Contracting Department listing the payout at over $72 million dollars?
• See attachment
2. Is it criminal and/or illegal for banks to issue three “bank checks” with the same number to three different people, on three different dates, and for three different amounts?
• LSBE Vendors Request for RICO Investigation due to Fraudulent Checks and other Information: https://www.scribd.com/doc/265964076/DeKalb-LSBE-Vendors-Call-for-RICO-Investigation
Video – DeKalb LSBE Vendors Call for RICO Investigation and Criminal Forensic Audit: https://youtu.be/N4TWHCm_-3E
and https://youtu.be/QW01JwaByJU
3. Is it criminal and/or illegal for DeKalb County to provide an auditor with copies of fraudulent checks for an audit report that states the numbers on the “bank checks” do not match?
• LSBE Vendors Request for RICO Investigation due to Fraudulent Checks and other Information: https://www.scribd.com/doc/265964076/DeKalb-LSBE-Vendors-Call-for-RICO-Investigation
4. Is it criminal and/or illegal to post the same purchase orders for multiple payments to drain money from taxpayers’ coffers and deny a criminal forensic audit to verify if this money was stolen?
• Multiple Payments of the same Purchase Order: https://www.scribd.com/doc/272708108/Commissioner-Sharon-Barnes-Sutton-and-RightThink-Multiple-Payments-Part-1-Summary-of-the-Ethics-Complaint
5. Is it criminal and/or illegal to destroy government documents that are needed to expose criminal activity yet, refuse to neither prosecute the individuals identified or stop the practice?
• Destruction of Government Documents: https://www.scribd.com/doc/288126677/Dekalb-County-Email-Secrets-Attachment-2
Review the following documents before you answer:
• Multiple Payments from the same Purchase Order: https://www.scribd.com/doc/272708108/Commissioner-Sharon-Barnes-Sutton-and-RightThink-Multiple-Payments-Part-1-Summary-of-the-Ethics-Complaint
• LSBE Vendors Request for RICO Investigation due to Fraudulent Checks and other Information: https://www.scribd.com/doc/265964076/DeKalb-LSBE-Vendors-Call-for-RICO-Investigation
• Destruction of Government Documents: https://www.scribd.com/doc/288126677/Dekalb-County-Email-Secrets-Attachment-2
• Debate between DA Robert James and former Solicitor General Sherry Boston on April 12, 2016: https://youtu.be/zBU5AQMYqqs
• Attachment of documents on contracts concerning $72 million dollars; Excel spreadsheet will be made available upon request at UnhappyTaxpayers@gmail.com.
If you agree that there is enough evidence in the documentation we are providing to demand a special prosecutor, forensic audit and expansion of the Public Integrity Unit, please send an email to UnhappyTaxpayers@gmail.com.
Example of an email:
Acting Attorney General John Horn and our local law enforcement have investigated crimes in DeKalb County indicting political officials, government employees, business owners, and police officers. We need to restore public trust, remove the “cloud of corruption” and reclaim our local government.
We, the undersigned, are concerned citizens, activists, organizations, and business owners, etc. who needs our local, state and federal law enforcement to move forward with an action plan that includes the following:
• Special Prosecutor with federal oversight
• Criminal forensic audit of Watershed, Purchasing and Contracting Dept., etc.
• Expansion of the Public Integrity Unit beyond the District Attorney’s office with federal oversight
Signature: _____________________________________________
_____________________________________________
Date: ______________________________________________
Audit: DeKalb used inflated crime stats to secure federal grants
Audit: DeKalb used inflated crime stats to secure federal grants
By Christian Boone
The Atlanta Journal-Constitution
Wednesday, Oct. 29, 2014
The statistics provided by DeKalb police to federal grant holders painted a portrait of a county besieged by crime, with more than 11,000 aggravated assaults reported in 2008 alone.
But according to a recent audit by the U.S. Inspector General, that was about 10,000 too many.
The government watchdog found the county also over-reported numbers in every additional crime category. Those stats helped secure more than $2.3 million — money which will likely have to be refunded.
“It was an egregious error,” said DeKalb Police Chief Cedric Alexander. “None of us here were in place, including the grant writer.”
The audit reviewed three grants from Community Oriented Policing Services totaling more than $4.5 million received by the county between July 2009 and September 2013. The money was to hire entry-level police officers and support efforts to reduce child endangerment, but the audit could not account for $783,186. Read the full article:
http://www.ajc.com/news/news/audit-dekalb-used-inflated-crime-stats-to-secure-f/nht9T/
Restore Public Trust Memorandum to the FBI, GBI and Inspector General
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)
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)
Kickback, Up-Charging and over-billing – (See Exhibit E)
Kickbacks, Up-charging, and Over-billing – Exhibit E
Tax Fraud – (See 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
Convicted Commissioner wants her pension
Convicted Commissioner wants her pension
By Catie Beck, WXIA-TV
October 16, 2014
DEKALB COUNTY, Ga. (WXIA) – She admittedly stole thousands of taxpayer dollars, and now she’s hitting them up for more money.
Former DeKalb County Commissioner Elaine Boyer has applied to get her full pension from the county – and has been approved.
“It’s outrageous,” said Restore DeKalb member Joel Edwards. “It just doesn’t make any sense at all.”
Edwards says the county watchdog group is needed now more than ever
.
“It’s disbelief,” he said. “They can’t believe it.”
Edwards and other members of the group are outraged to learn that after Boyer admitted to stealing money from the county, she’s now asking for more of it in the form of a pension.
“A lot of people have come to me and voiced their concerns about the elected leaders in this county in disbelief,” Edwards said.
Link for the video and article:
Please read the AJC article by Johnny Edwards below:
Ex-DeKalb commissioner Boyer will get full pension benefits
By Johnny Edwards
The Atlanta Journal-Constitution
October 15, 2014
After apologizing to DeKalb County taxpayers for fleecing them through fraud schemes, ex-commissioner Elaine Boyer hit them up for more money.
Boyer has applied for her county retirement payments, and DeKalb’s pension board will grant her full benefits. That means the crooked former politician, who is 58, will collect tens of thousands of dollars a year for the rest of her life. The county could even be paying her while she’s in prison.
Under Georgia law, public officials and employees convicted of crimes related to their duties should have their benefits reduced by three times the economic impact of their misdeeds, which would have Boyer giving up nearly $300,000. But DeKalb’s attorneys determined she falls in a legal loophole.
So Boyer will get about $23,000 per year, starting with a check early next month for more than $3,800 to cover October and November….
Taxpayers are losing big on the deal, said Viola Davis, a south DeKalb resident who leads the DeKalb Unhappy Taxpayer and Voter group. Even if Boyer pays restitution, it would likely cover only the purchasing card and kickback schemes uncovered by the FBI, not what might turn up in an exhaustive audit of the past decade of Boyer’s spending.
Also vexing, Davis said, is that taxpayers might be making pension payments to former employees implicated, but not charged, in the investigation that led to suspended CEO Burrell Ellis’ prosecution. A jury is deliberating whether he illegally strong-armed vendors into giving him campaign donations. Former purchasing chief Kelvin Walton, the star witness against Ellis and an admitted liar, is reportedly under federal investigation on allegations of receiving cash payments from a sewer contractor.
“Believe me, I’ve run into people who are just totally disgusted with the whole way this process is working out,” Davis said. “I mean, we’re going to be paying them, despite all the wrong they’ve done.”
Read the entire article at the following link:
http://www.ajc.com/news/news/crime-law/ex-dekalb-commissioner-boyer-will-get-full-pension/nhj2k/