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DeKalb County School System Indictment 10CR2861-6

Gwendolyn Keyes Fleming District Attorney May 26, 2010

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))
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))

GA RICO Statute

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

Makes it illegal for anyone:

Through a Pattern of Racketeering Activity


To acquire or maintain, directly or indirectly,

Enterprise

Property

GA RICO Statute

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 Associated with

Employed by

Enterprise

To participate

Enterprise

Through a Pattern of Racketeering Activity

GA RICO Statute

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


Through a Pattern of Racketeering Activity Employed by Associated with

To acquire or maintain, directly or indirectly,

Enterprise

Enterprise

Property

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 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 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.

RICO Defendants

DCSS Employees in yellow

Anthony V. Pope Patricia Pope Crawford Lewis

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)

Cointa Moody

The Charges
Crawford Pat Pope Lewis
Ct 1: RICO (b)
(Participate in Enterprise)

Tony Pope

Cointa Moody

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.

Counts 1-4 Predicate Acts

STATE VIOLATIONS

FEDERAL VIOLATIONS

Theft by Taking (O.C.G.A. 16-8-2) Acts Involving Theft 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) Forgery First Degree (O.C.G.A. 169-1) Bribery (O.C.G.A. 16-10-2) Hindering a Law Enforcement Officer (O.C.G.A. 16-10-24) Tampering with Evidence (O.C.G.A. 16-10-94)

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)

State needs to prove 2 Predicate Acts per Count per Defendant beyond a reasonable doubt

171 Total Predicate Acts

All parties used the Enterprise to facilitate THEFT, FRAUD & OBSTRUCTION

The Scheme

Pat Pope COO

Crawford Lewis Superintendent

DeKalb County School System (Enterprise) Cointa Moody Admin Assistant to Pat Pope

Tony Pope Architect A. Vincent Pope & Associates

The Scheme Construction Projects


Bribes & Blackmail Approval of contracts Pat Pope COO $ Columbia HS McNair Cluster Elem Mountain Industrial Center Arabia Mountain HS Crawford Lewis Superintendent

Tony Pope Architect A. Vincent Pope & Associates

Cointa Moody Admin Assistant to Pat Pope

The Scheme Columbia HS

Background

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

Fraud via Change Order #2 signed by Pat Pope and Crawford Lewis

Not submitted to BOE for approval as required for contracts >$50,000 Additional $176,690 paid to Tony Pope although no work performed

Fraud via Change Order #3 signed by Pat Pope & Crawford Lewis

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

The Scheme Columbia HS

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 Law prohibits disguising new work as change orders to circumvent competitive bidding statutes Project not advertise new work as required by law 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

Fraud via Deferred SPLOST II signed by Pat Pope & Crawford Lewis

Project not advertise new work as required by law BOE mislead 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

The Scheme Columbia HS

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. 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

Fraud via Addendum #2 approved & signed by Pat Pope & Crawford Lewis

Project not submitted to BOE for approval Additional $52,00.00 paid to Tony Pope 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.

Fraud via Errors & Omissions

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

Acts of Racketeering Activity Columbia High School Project


PAT POPE TONY POPE CRAWFORD 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)

The Scheme McNair Project

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 Stop work order on 12/14/2005 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) 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 Pat Pope instructs Paulette Strain to change her score so that CDM won the contract

Pat Pope and Crawford Lewis terminate the Architect


Pat Pope changes selection criteria

Pat Pope manipulates scoring of offerors

The Scheme McNair Project

Tony Popes involvement in the RFP process


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 Pat Pope sends letter to GA DOE denying Tony Popes involvement Post-award Tony Pope removed drawings containing his stamp from public record

Pat Pope holds improper BAFO 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. Crawford Lewis authorizes payment to CDM for

$11,900,000.00

Cointa Moody notarizes all of Tony Popes pay applications CDM contracts with Tony Pope and pays his company $166,242.00

McNair Project
PAT POPE TONY POPE CRAWFORD 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)

The Scheme Mountain Industrial Center (MIC)

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. Scope was to build entire warehouse including area for DECA (1st priority)

Pat Pope terminates the Architect of Record

The BOE was not consulted or informed of this decision Pat Pope restructures as Design-Build project and advertises RFP 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 MERIT did not submit bid due to concerns of bonding capability HOGAN ultimately receives the highest (best) evaluation score

The Scheme Mtn Indus Center

Pat Pope limits scope of work


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 advertising smaller DECA project

Misrepresentation to the BOE

Did not disclose change in limited scope to Board HOGAN acquiesced & signed contract for MIC-DECA

The Scheme Mtn Ind Center

Fraudulent creation of MIC II


Advertised for remainder of MIC NIX FOWLER teamed with Tony Pope & submitted RFP NIX FOWLER won the award for $17,646,000.00 Never informed Board of Tony Popes involvement Claimed that counsel approved his involvement after the fact Crawford Lewis authorized payment to NIX FOWLER Tony Pope paid $855,831.00 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 As the architect on the MIC project, Tony Pope benefits

Misrepresentation to BOE & Counsel


Additional money to Tony Pope

MIC Project
PAT POPE Theft by Taking
(2 predicate acts)

TONY POPE Theft by Taking


(2 predicate acts)

CRAWFORD LEWIS Theft by Taking


(2 predicate acts)

Acts Involving Theft Acts Involving (6 predicate acts) Theft


(2 predicate acts)

Acts Involving Theft


(2 predicate acts)

Theft under 18 U.S.C. 666


(2 predicate acts)

The Scheme Arabia Mtn HS

Background

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 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 Pat Pope was the only person having control of tally sheets after they were collected from panelist members The following was solicited & received from TURNER:

Forged Tally Sheets

Bribery of Pat Pope & Crawford Lewis

$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 Premium Hawks Tickets Games were attended by Pat Pope, Tony Pope &

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

Arabia Project
PAT POPE Forgery 1st Degree
(3 predicate acts) (3 predicate acts)

CRAWFORD LEWIS Bribery


(3 predicate acts)

False Statements Bribery


(3 predicate acts)

Bribery under 18 U.S.C. 666


(1 predicate acts)

Bribery under 18 U.S.C. 666


(1 predicate acts)

Total Fraudulently Paid to Tony Pope via A. Vincent Pope & Associates
Popes Total from DCSS (not including the e/o):

from Columbia: from McNair: from MIC:

$1,122,456.54 $ 193,217.80 $1,075,718.00

Grand Total:

$2,391,392.34

Total DCSS committed via illegally obtained Construction Contracts


Project Columbia HS McNair Project Mountain Industrial Center Arabia Mountain HS Contractor Merit Construction CD Moody Construction Nix Fowler Illegal Means Used
1. Fraudulently characterizing new work as C/O 2. Did not advertise publicly

Total Amount of Contract $ 9,815,843.00

1. Shared inside info $ 11,900,000.00 2. Exclusive One-one meetings 1. Fraudulent creation of MIC II 2. Did not advertise smaller DECA project 1. Forged Tally Sheets

$20,089,839.00*

Turner

$40,000,000.00* (approx.)

* Including change orders

The Scheme
Govt Employee Theft & Bribery

Pat Pope COO

Gifts from Contractors Illegal car purchases Illegal P-Card Usage Fraudulent Overtime Payments $

Crawford Lewis Superintendent

Tony Pope Architect A. Vincent Pope & Associates

Cointa Moody Admin Assistant to Pat Pope

The Scheme Govt Employee Theft & Bribery

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

Bribery of Pat Pope & Crawford Lewis

GUDE provided

$3,391.25 of Falcons 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 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

The Scheme Govt Employee Theft & Bribery

Pat Pope & Crawford Lewis improperly purchase their government cars at discounts

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 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). 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.

Pat Pope ordered that $1,342.49 of repairs (excluding labor) be performed before title transferred

The Scheme Govt Employee Theft & Bribery

Improper use of DCSS Purchasing Card


Crawford Lewis paid for hotel stay for personal vacation in Bahamas Crawford Lewis paid for another overnight visit in Greensboro, GA No official county business was conducted during either event

Cointa Moody fraudulently obtains Overtime Pay for Personal Business


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

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

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. 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.

The Scheme Hindering Investigation

Crawford Lewis gives False Statement

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 attempts to stop District Attorneys Investigation

Crawford Lewis asks Chief ADA Don Geary to table investigation for advantage in civil case against HEERY-MITCHELL

OTHER RACKETEERING ACTIVITY


CRAWFORD LEWIS
Acts Involving Theft
(4 predicate acts)

PAT POPE
Acts Involving Theft
(2 predicate acts)

TONY POPE
Hindering a LEO

MOODY
Acts Involving Theft
(1 predicate acts)

(1 predicate act) False Statements


(2 predicate acts)

Bribery

(4 predicate acts)

Tampering Bribery with Evidence (6 predicate acts) (1 predicate act) Bribery under 18 U.S.C. 666
(2 predicate acts)

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)
(1 predicate act)

Tampering with Evidence (1 pred.act)

Tampering with Evidence

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:
BRIBERY

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

Count 7:
FALSIFYING PUBLIC RECORDS

O.C.G.A. 45-11-1
Pat Pope