Henry County Marijuana Grow House Operators Indicted; 10 Charged on Related Drug Trafficking and Firearms Crimes

The United States Attorney’s Office, along with the David G. Wilhelm Organized Crime Drug Enforcement Task Force (OCDETF) Strike Force and the Henry County Police Department announce today (April 8) that 10 individuals have been indicted for alleged drug trafficking and firearms-related crimes stemming from their operation of marijuana grow houses in Henry County. This week, nine of the 10 defendants were arrested and arraigned in United States Magistrate Court for the Northern District of Georgia.

United States Attorney Sally Quillian Yates said of the case, “Through the David G. Wilhelm OCDETF Strike Force, the U.S. Attorney’s office works with local and state law enforcement agencies to target drug trafficking organizations that impact us locally and regionally. The federal prosecution of this organization for this conspiracy has a direct impact on the local community in Henry County, and regionally in the Northern District of Georgia, by making us all safer through the removal of dangerous grow houses from the community, and by having fewer drugs and guns on the streets.”

Rodney G. Benson, Special Agent in Charge of the DEA Atlanta Field Division said, “The mission of DEA is unwavering—we combat drug trafficking organizations by investigating those who criminally distribute dangerous drugs which cause immeasurable damage to our communities. Today’s enforcement activity is a perfect example of the law enforcement community working together to remove violent criminals from our streets.”

Henry County Police Chief Keith Nichols said, “I appreciate the hard work and dedication that our narcotics unit put into working this case. These indoor grows are a relatively new problem here in Henry County and we are becoming more familiar in working these types of cases. Getting these individuals out of our community is a huge benefit to our law abiding citizens, and I know they appreciate it too. I would also like to thank the federal law enforcement authorities that assisted us with this case, helping bring it to a successful resolution.”

According to United States Attorney Yates, the charges, and other information presented in court: In the fall of 2010, federal, state, and local law enforcement agencies began investigating a marijuana grow house organization operating in Henry County and elsewhere. The organization allegedly coordinated the construction of hydroponic marijuana grow houses at four separate locations. Several members of the organization possessed firearms in support of the illegal narcotics trafficking activities. As part of the investigation, in November and December 2010, agents searched four separate marijuana grow house operations in Henry County that were constructed in residential homes with independent grow lighting, irrigation and nutrient systems designed to cultivate and grow marijuana plants for distribution. Agents also searched several of the residences of the defendants. Investigators found that three of the houses had been set up specifically as grow houses, and not to house residents. Those houses were located in Stockbridge, Georgia, at 925 Hemphill Road; 1680 Jodeco Road; and, 436 Hood Road. A fourth house, located at 166 Alexander Drive in McDonough, Georgia, was used as both a residence and a grow house. Items seized during the investigation include 340 plants of marijuana, 52 guns, at least 50 grams of methamphetamine, and over $384,000 in cash.

In March 2011, a federal grand jury returned a four-count indictment related to this grow house operation, which was unsealed on April 5, 2011, after the arrests. The indictment charges the defendants with various criminal offenses including conspiring to manufacture, distribute, and possess with intent to distribute over 100 plants of marijuana; substantive drug trafficking charges; and possession of firearms in furtherance of drug trafficking crimes. Those arrested include:

* JOSHUA MCCULLOUGH, 37, of Stockbridge, Georgia;
* JIMMY RAY WHORTON, 56, of Stockbridge, Georgia;
* SANDRA WHORTON, 49, of Stockbridge, Georgia;
* JAMES MCKENZIE, 29, of McDonough, Georgia;
* KARRY AUTRY, 30, of McDonough, Georgia;
* HOLLY AUTRY, a/k/a “Holly Fritzius,” 27, of McDonough, Georgia;
* BRAIN PREWITT, 33, of Griffin, Georgia;
* PAUL BUNCH, 36, of Stockbridge, Georgia; and
* IRA BUTLER, 46, of Stockbridge, Georgia.

JOSEPH TILLMAN, 41, of Griffin, Georgia, remains at large. Members of the public are reminded that the indictment contains only allegations. A defendant is presumed innocent of the charges and it will be the government’s burden to prove a defendant’s guilt beyond a reasonable doubt at trial.

The investigation and prosecution of this case is a coordinated effort with the Henry County Police Department and the David G. Wilhelm OCDETF Strike Force, which is comprised of Special Agents of U.S. Immigration and Customs Enforcement Homeland Security Investigations (ICE-HSI); the Drug Enforcement Administration (DEA); Internal Revenue Service-Criminal Investigation (IRS-CI); the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); the United States Marshal Service (USMS); and the Federal Bureau of Investigation (FBI), working with other state and local law enforcement agencies.

Special Assistant United States Attorney Michael Smith and Assistant United States Attorney Michael Brown are prosecuting the case.

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Georgia Man Sentenced to 30 Years in Prison for Role in Drug Trafficking Conspiracy

MARLON BURTON, 38, of McDonough, Georgia, was sentenced today by United States District Judge Thomas W. Thrash to serve 30 years in federal prison on charges of conspiring to distribute drugs.

United States Attorney Sally Quillian Yates said, “Mr. Burton ran a sophisticated drug-trafficking organization for over 10 years while appearing to operate a legitimate contracting business in Atlanta. In reality, he was purchasing hundreds of kilograms of cocaine and other drugs from a Mexican drug cartel and then distributing the drugs to a variety of street-level dealers working for his organization.”

Atlanta FBI Special Agent in Charge Brian D. Lamkin said, “The FBI, as part of the multi-agency Wilhelm Strike Force, is pleased to have this career offender off the streets. Burton had integrated himself into an international drug cartel and it was his role to bring that cartel’s interests and product to the Atlanta area and beyond.”

According to United States Attorney Yates, the charges and other information presented in court: Beginning in November 2008, the Federal Bureau of Investigation in Atlanta began to investigate BURTON and his drug-trafficking organization. The investigation quickly revealed that BURTON led a large drug-distribution group that operated in Atlanta. BURTON, and those working for him, distributed wholesale quantities of cocaine, heroin and marijuana during the conspiracy.

In November 2008, the United States District Court for the Northern District of Georgia authorized the first wiretaps of telephones used by members of this organization. From November 2008 to December 2009, the FBI monitored telephones carried by its members, including BURTON. It quickly became apparent that BURTON was working with members of a Mexican drug trafficking cartel to obtain his drugs. In fact, it was not uncommon for BURTON to fly to Mexico himself to negotiate with cartel members concerning the price and quantity of drugs they would ship to him in Atlanta.

During the year-long investigation, BURTON was intercepted on the FBI wiretaps directing the distribution of hundreds of kilograms of cocaine and thousands of pounds of marijuana in the Atlanta area. In July 2009, for example, after intercepting coded talk from BURTON concerning a load of drugs, law enforcement stopped a tractor trailer in McDonough, Georgia carrying 40 kilograms of cocaine destined for BURTON.

BURTON also generated millions of dollars in drug proceeds from the sale of the narcotics. In an effort to launder profits from his drug dealing, BURTON funneled drug money through his construction company and the other businesses he owned. It is estimated that BURTON laundered over $1.5 million in drug proceeds this way.

BURTON and eight other individuals were indicted in December 2009, on drug trafficking and money laundering charges relating to the drug conspiracy. PRINSTON CARTER was sentenced to four years in prison on May 18, 2010, for his role in the offense. DECARLO TATUM was sentenced to 11 years, three months’ imprisonment on July 28, 2010. RUFINO PRUNEDA received a nine-year prison sentence on August 18, 2010. INNECENCIO OCHOA, DAVID RUIZ, and OTONIEL HERRERA await sentencing in the case. MARCO DURON remains a fugitive.

BURTON was sentenced to 30 years in prison to be followed by five years of supervised release. The court also ordered the forfeiture of BURTON’s vehicles and house in Clayton County, Georgia. BURTON was convicted of these charges on May 26, 2010, after entering his guilty plea with the District Court.

This case was investigated by special agents of the Federal Bureau of Investigation.

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Atlanta Man Sentenced to Prison for Fraud Related to Failed Omni National Bank

BRENT MERRIELL, 38, of Atlanta, Georgia, was sentenced today by United States District Judge Jack T. Camp to federal prison on charges of making false statements to the Federal Deposit Insurance Corporation (FDIC) and aggravated identity theft.

“The FDIC serves a critical role by insuring the assets of hard-working Americans. Mr. Merriell used stolen identities, created fictitious buyers, and negotiated phony short sale deals for properties, all in an effort to defraud FDIC of millions of dollars he owed on mortgages,” said United States Attorney Sally Quillian Yates. “This double fraud has landed him in federal prison.”

MERRIELL was sentenced to three years and three months in prison to be followed by five years of supervised release. MERRIELL was convicted of these charges on March 23, 2010, upon his plea of guilty.

According to United States Attorney Yates, the charges and other information presented in court: MERRIELL obtained millions of dollars in loans from Omni National Bank as mortgages on numerous properties. Omni later failed and was taken over by the FDIC. Beginning in October 2009, MERRIELL faced foreclosure on 14 different properties subject to Omni mortgages. In response, MERRIELL asked the FDIC to forgive $2.2 million in loan payments and instead allow him to “short sell” the properties to seven new purchasers at significantly reduced amounts. The seven new purchasers, however, were phony: the seven names MERRIEL presented to the FDIC were, in fact, stolen identities whose names were forged on sales contracts and counterfeit loan commitment letters. Under this scheme, if law enforcement had not intervened, Merriell would have retained control of the properties, and could then rent them for amounts in excess of the substantially reduced mortgage payment, or resell them at a profit.

A “short sale” occurs when a lender such as Omni Bank agrees to the sale of property—on which the current owner has defaulted—to a third party for less than the full amount due on the loan. Lenders are willing to accept “short sales” as a means of mitigating their losses on troubled loans. The MERRIELL “short sale” fraud was discovered through a sting operation conducted by the Special Inspector General for the Troubled Asset Relief Program (SIGTARP) with the assistance of the FDIC.

Other Omni-related prosecutions to date include:

JEFFREY L. LEVINE, 68, of Atlanta, Georgia, who pleaded guilty on January 14, 2010, to causing materially false entries that overvalued bank assets to be made in the books, reports, and statements of Omni, is scheduled to be sentenced on September 14, 2010, at 2:00 p.m., before United States District Judge Jack T. Camp.

DELROY OLIVER DAVY, 37, of Lithonia, Georgia, who pleaded guilty on May 11, 2010, to bank fraud and conspiracy to commit bank fraud, mail and wire fraud in connection with a scheme to fraudulently obtain millions of dollars of mortgage loans from Omni and other lenders, is scheduled to be sentenced on September 14, 2010, before United States District Judge Jack T. Camp.

CHRISTOPHER BERNARD LOVING, 32, of McDonough, Georgia, who pleaded guilty on June 24, 2010, to making false statements to agents of the Office of the Special Inspector General for the Troubled Asset Relief Program and the FDIC in connection with an investigation regarding Omni construction contracts, is scheduled to be sentenced on August 24, 2010, before United States District Judge Jack T. Camp.

MARK ANTHONY MCBRIDE, 44, of East Point Georgia, was sentenced on April 1, 2010, to over 16 years in prison for obtaining fraudulent loans from many lenders, including Omni.

This investigation is part of President Barack Obama's Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.

This case was investigated by special agents of a mortgage fraud task force formed for Omni-related cases, made up of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP), Housing and Urban Development Office of Inspector General (HUD-OIG), the United States Postal Inspection Service, the Federal Deposit Insurance Corporation Office of Inspector General (FDIC-OIG), and the Federal Bureau of Investigation. The task force is continuing to investigate a number of Omni-related matters.

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Former Georgia Attorney Sentenced to Prison for Multi-Million Dollar Real Estate Ponzi Scheme

STEVEN H. BALLARD, 53, of McDonough, Georgia, was sentenced November 5 by United States District Judge Thomas W. Thrash, Jr. to serve over five years in federal prison on a wire fraud charge involving a real estate investment scam that lasted over five years and defrauded a dozen victims in Georgia, Florida and Tennessee.

Clayton County District Attorney Tracy Graham Lawson said, “I am gratified that the U.S. Attorney’s Office was able to present the losses of so many victims to the Court, and thereby obtain justice for those who relied on this former attorney and his ‘legal’ papers. In Clayton County alone, our victims lost over $200,000, but there were more victims spread well beyond our county limits which were included in this federal prosecution.”

BALLARD was sentenced to five years, three months in prison to be followed by three years supervised release, and ordered to pay approximately $1.13 million in restitution to scheme victims. There is no parole in the federal system. BALLARD pleaded guilty to the charge on July 9, 2009.

According to Acting United States Attorney Yates and the information presented in court: From September 2002 through May 2006, BALLARD, a former McDonough-based real estate and business law attorney, operated a fraudulent real estate investment scam, commonly known as a “Ponzi” scheme. During the time of scheme he collected over $2 million from investors in Georgia, Florida, and Tennessee. In Georgia alone, he solicited funds from victims in Duluth, Dunwoody, Fayetteville, Jackson, Jonesboro, Newnan, Palmetto, Peachtree City, and Whitesburg. BALLARD falsely promised “lucrative” real estate and other investments which never took place, often preparing HUD-1 Settlement Statements, Warranty Deeds and Sales Contracts to reflect non-existent property purchases while using a portion of the scheme proceeds to repay former victim-investors and clients whose cases he had mishandled. BALLARD made reimbursements to victims only if they detected the scheme. All repayments were funded with money from new victim-investors.

BALLARD’s law license was suspended by the State Bar of Georgia in September 2005, and he was disbarred in May 2006.

This case was investigated by Special Agents of the Federal Bureau of Investigation and the Clayton County District Attorney’s Office, assisted by the Henry County Police Department and the Peachtree City Police Department.

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Final Defendant Sentenced in Interstate Bank Robbery Scheme Touching Eight States

Zarqurous Lequis Sanders, 25 of Atlanta, Georgia, was sentenced October 30 to 137 months’ imprisonment for his role in a conspiracy to commit numerous bank robberies in Virginia and several other states. In imposing the sentence, United States District Judge Henry E. Hudson also ordered Sanders to pay restitution to the various victims in the amount of $151,342. Sanders is the third of three men sentenced for the conspiracy. On May 15, 2009, Judge Hudson sentenced Sylvester Fred Mullins, age 35, of McDonough, Georgia, to 71 months’ confinement and ordered Mullins to pay $37,122 in restitution. On July 7, 2009, Judge Hudson sentenced Malik Rahmel Dillard, age 26, of Atlanta Georgia, the ringleader of this group, to 288 months’ confinement and ordered him to pay $178,425 in restitution. The sentencings were announced by Neil H. MacBride, United States Attorney for the Eastern District of Virginia; and Jennifer Love, Special Agent in Charge of the Federal Bureau of Investigation, Richmond Division.

According to the documents filed in connection with the case, Dillard, Sanders, and Mullins admitted to their respective roles in a string of armed robberies that began on May 5, 2008 and continued until July 21, 2008, at various banks located in Virginia, Alabama, Georgia, North Carolina, Maryland, New Jersey, Ohio, and Tennessee. Dillard admitted that he was the common participant in each of the robberies as the scheme progressed, with others, such as Mullins and Sanders, joining him at various times to commit different robberies. Although no firearms were used in these robberies, the conspirators threatened to injure the victim bank employees in each robbery if those employees did not comply with the demands of the robbers. In connection with their guilty pleas, Dillard, Sanders, and Mullins stipulated to their joint roles in the following robberies, which collectively resulted in actual losses of $178,425.00 to the victim banks:

a. May 5, 2008 – Dillard and another person robbed the Suntrust Bank, located at 760 W. Peachtree Street, Atlanta, Georgia and stole approximately $1,999.00.

b. May 5, 2008 – Dillard and another person robbed the BB&T Bank, located at 991 Eagles Landing Parkway, Stockbridge, Georgia and stole approximately $5,680.00.

c. May 5, 2008 – Dillard and another person attempted to rob the Georgia Federal Credit Union, located at 2695 Panola Road, Lithonia, Georgia.

d. May 8, 2008 – Dillard and Mullins robbed the PNC Bank, located at 5436 Jefferson Davis Highway, Fredericksburg, Virginia and stole approximately $3,066.00.

e. May 15, 2008 – Dillard and Mullins robbed the SunTrust Bank, located at 118 Small Pine Drive, Raleigh, North Carolina and stole approximately $8,454.00.

f. May 28, 2008 – Dillard and Mullins robbed the SunTrust Bank, located at 9617 Holly Point Drive, Huntersville, North Carolina and stole approximately $7,884.00.

g. June 3, 2008 – Dillard, Mullins, and co-defendant Zarqurous Lequis Sanders robbed the SunTrust Bank, located at 7001 Lee Highway, Chattanooga, Tennessee and stole approximately $5,728.00.

h. June 6, 2008 – Dillard, Sanders, and another person robbed the SunTrust Bank, located at 950 North Harrison Avenue, Cary, North Carolina and stole approximately $18,979.00.

i. June 10, 2008 – Dillard, Sanders, and another person robbed the M & F Bank, located at 101 Riverchase Parkway, Hoover, Alabama and stole approximately $25,600.00.

j. June 13, 2008 – Dillard, Sanders, and another person robbed the SunTrust Bank, located at 4030 Glenside Drive, Richmond, Virginia and stole approximately $30,996.00.

k. June 24, 2008 – Dillard, Sanders, and another person robbed the First Citizens Bank, located at 8541 Concord Mills Boulevard, Concord, North Carolina and stole approximately $20,200.00.

l. July 3, 2008 – Dillard, Mullins, Sanders, and another person robbed the First Citizens Bank, located at 4801 Capital Boulevard, Raleigh, North Carolina and stole approximately $11,990.00.

m. July 10, 2008 – Dillard, Sanders, and another person robbed the National City Bank, located at 8306 Cincinnati Dayton Road, West Chester, Ohio and stole approximately $10,313.00.

n. July 10, 2008 – Dillard, Sanders, and another person robbed the PNC Bank, located at 939 Hempstead Drive, Cincinnati, Ohio and stole approximately $27,536.00.

o. July 21, 2008 – Dillard and another person robbed the PNC Bank, located at 1327 Riverside Parkway, Belcamp, Maryland, and stole approximately $11,216.00.

p. July 21, 2008 – Dillard and another person robbed the PNC Bank, located at 505 Thornall Street, Edison, New Jersey, and stole approximately $8,130.00.

As part of their plea agreements with the United Statest, Dillard, Sanders, and Mullins agreed that all of the robberies they participated in should be considered “relevant conduct” for calculating their sentences, resulting in each defendant being punished for his role in stealing money from the banks within and outside of Virginia.

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Former Fulton County Jail Lieutenant Pleads Guilty to Using Excessive Force Against Inmate and Lying to FBI Agent

EARL GLENN, 47, of McDonough, Georgia, a former lieutenant at the Fulton County Jail, pleaded guilty August 25 in federal court in Atlanta to using excessive force against an inmate in his custody and to lying to an FBI agent about the incident.

Acting United States Attorney Sally Quillian Yates said, “The public deserves to put their trust and confidence in our community’s law enforcement officers, and honorable law enforcement officers deserve that trust and confidence. This former Lieutenant, who was a supervisor at the Fulton County Jail, betrayed and violated that trust and confidence by beating an inmate and lying about it to the FBI. Now he faces federal prison.”

Gregory Jones, FBI Special Agent in Charge of the Atlanta Office, said, “Law enforcement professionals, as part of their basic duties and responsibilities, are sworn to uphold the U.S. Constitution and its underlying principles of due process. Those serving in management roles are held to an even higher standard of ensuring that these oaths are followed and that civil liberties are protected. Not only did former Lt. Glenn fail do this, he obstructed the federal investigation looking into this matter. I would hope that others within the law enforcement community would take this as an opportunity to reflect on their own sworn oaths and to remember what it means.”

According to Acting United States Attorney Yates, the charges and the information presented during yesterday’s plea hearing: GLENN acknowledged that he abused his authority as a law enforcement officer on August 9, 2008, when he unnecessarily and repeatedly struck an inmate who was previously involved in an altercation with another detention officer. GLENN agreed that his conduct resulted in bodily injury to the inmate and violated federal law and the constitutional right of the Fulton County inmate not to be deprived of liberty without the due process of law. Two of GLENN’s fellow detention officers witnessed the incident and eventually reported to federal investigators that GLENN had used excessive force against the inmate. Additionally, GLENN admitted that he lied to a Special Agent with the FBI when he was interviewed about the incident on January 28, 2009.

GLENN is scheduled to be sentenced by United States District Court Judge Thomas W. Thrash, Jr., on November 6, 2009, at 11:00 a.m. GLENN faces a maximum sentence of 15 years in prison and a maximum fine of $500,000. In determining the actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.

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Mercer University to Hold Public Safety Impact Day in Henry

Mercer University will hold the inaugural Public Safety Impact Day in Henry County on Saturday, Aug. 22, from 10 a.m. to 3 p.m. This free community event will be held at Mercer’s Henry County Regional Academic Center, located at 160 Henry Parkway in McDonough.

The event is free for the community and is sponsored by the College of Continuing and Professional Studies as part of the roll-out of its newly reformulated undergraduate major in public safety in Henry County. The University has partnered with several co-sponsors to hold demonstrations and booths. Among the co-sponsors are the McDonough Fire Department, McDonough Police Department, Henry County Police Department, Henry County SWAT, Henry County K-9, Henry County Fire Department, the Henry County COPS program, Henry County Sheriff’s Office, Henry County Emergency Management and the Georgia State Patrol. The public safety demonstrations will take place every 30 minutes throughout the event.

In addition to the demonstrations, the event includes food, refreshments and child-friendly activities including a clown and a moonwalk. The event will also include free parking and shuttle service.

“Our public safety partners in the area were extremely happy to work with us to create a dynamic event that showcases the many aspects and dimensions of public safety,” said Dr. Larry D. Stewart, associate professor and program coordinator for the master’s degree in public safety leadership. “In a post-9-11 world, our public safety responses have to be integrated and comprehensive, from police and fire departments to emergency management, emergency medical services, and emergency preparedness. Our public safety partners have been extremely supportive of this event in part because of their understanding that effective public safety relies on cooperation with each other and a variety of community-based partners. Our partnerships reflect the role that educational institutions can play in establishing relationships among public safety agencies, businesses and the community to address the enormous challenge of homeland security in Georgia.”

The College of Continuing and Professional Studies reformulated its criminal justice undergraduate major into a degree in public safety to align it with the changing landscape of public safety. The profession has shifted from distinctive emergency services such as law enforcement, fire and emergency response into a more cohesive and professionalized framework. With new threats demanding an integrated response, this new degree will train a new breed of cross-trained professionals. Included in the new coursework for this program are courses in homeland security, cyber security, forensics, emergency management, terrorism, leadership and multicultural issues.

The undergraduate major compliments the College’s highly successful Master of Science in Public Safety Leadership program. The master’s degree was established in 2006 to train new leaders in the both the traditional elements and practices of public safety while addressing new challenges and advocating new directions for the traditional public safety within the new framework of homeland security. Designed for practicing and aspiring public safety leaders, the curriculum includes professional leadership principles, updated administrative practices, information gathering and sharing, risk and threat assessments, intelligence analysis, preparation for mass disasters including weapons of mass destruction, risk management, preemption of terrorism and use of consolidated incident command systems.

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Former Georgia Attorney Pleads Guilty to Multi-Million Dollar Real Estate Ponzi Scheme

STEVEN H. BALLARD, 53, of McDonough, Georgia pleaded guilty today in federal district court to committing a real estate investment scam that lasted over five and a half years and defrauded over a dozen victims in Georgia, Florida and Tennessee.

United States Attorney David E. Nahmias said, “Real estate investors in three states relied on this defendant, who was the attorney in control of their escrowed funds, to use their money to purchase properties and make investments as he represented he would. Instead, he repaid prior investors and diverted funds for his personal benefit. For that criminal violation of trust, he will soon face a prison sentence.”

Clayton County District Attorney Tracy Lawson said of the plea, “I am gratified that the U.S. Attorney’s Office pulled together the many victims in this fraud case. In Clayton County alone, our victims lost over $200,000, but there were more victims spread out well beyond our county limits, and now the federal prosecution and this plea addresses the justice that these victims deserve.”

According to United States Attorney Nahmias and the information presented in court: BALLARD, a former real estate and business law attorney based in McDonough, operated a fraudulent real estate investment scam, commonly known as a “Ponzi” scheme. From September 2002 through May 2006, he collected over $2 million dollars. In Georgia alone, he solicited funds from investors in Duluth, Dunwoody, Fayetteville, Jackson, Jonesboro, Newnan, Palmetto, Peachtree City, and Whitesburg. BALLARD also solicited funds from victims in Florida and Tennessee. He told the victims that he was making “lucrative” real estate and other investments which were not actually transacted. He often used bogus HUD-1 Settlement Statements, Warranty Deeds and Sales Contracts to reflect non-existent property purchases, while using a portion of the scheme proceeds to repay former victim investors. The repayments included their principal plus substantial “returns” often exceeding 50% of the initial investment, but those repayments were all funded with money from new victim investors. BALLARD’s law license was suspended by the State Bar of Georgia in September 2005, and he was disbarred in May 2006.

BALLARD was charged in a Criminal Information in June 2009 with one count of wire fraud, which encompasses the entirety of his five and a half year scheme. He pleaded guilty to that charge today. He could receive a maximum sentence of 20 years in prison and a fine of up to $250,000, plus full restitution to all victims who have not been repaid to date. Sentencing is scheduled for September 29, 2009, at 10 a.m., before United States District Judge Thomas W. Thrash, Jr. In determining the actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders. There is no parole in the federal system.

This case is being investigated by Special Agents of the Federal Bureau of Investigation and the Clayton County District Attorney’s Office, assisted by the Henry County Police Department and the Peachtree City Police Department.

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Two Fulton County Sherriff's Lieuttenants Arrested

Lieutenant ROBERT W. HILL, JR., 46, of Decatur, Georgia, and Lieutenant EARL GLENN, 47, of McDonough, Georgia, both Fulton County Deputy Sheriffs at the Fulton County Jail, were arrested yesterday by FBI agents after a federal grand jury indicted each of them for violating the civil rights of an inmate, obstructing justice, filing a false report, and making false statements to federal agents. The defendants will make their initial appearances before a United States Magistrate Judge later today.

United States Attorney David E. Nahmias said, “About a month ago, we announced that a former Fulton County Jail officer had been charged with federal crimes for allegedly beating an inmate and obstructing the investigation of that and another incident at the jail. We warned that the federal charges should serve as a wake-up call to other officers who have violated the civil rights of jail inmates or who believe they can get away with obstructing our efforts to uncover the truth. Today two more officers - this time two Lieutenants - were arrested at the jail after a federal grand jury indicted them for separate assaults on another inmate and for trying to obstruct our investigation.”

Nahmias continued, “We are continuing to investigate these incidents and others at the Fulton County Jail. Our message today, to any other officers who have been involved in assaults on inmates or obstruction of the truth, is simple: Did you think we were kidding? You will be much better off calling the FBI now, before you too are led out of the jail or your home in handcuffs.”

FBI Atlanta Special Agent in Charge Greg Jones said, “Obstructing an FBI investigation only strengthens our resolve to find the truth and bring to justice those involved in such egregious conduct.”

Fulton County Sheriff Ted Jackson said, “We are continuing to work in concert with the FBI and the United States Attorney’s Office in this ongoing investigation. We will absolutely not tolerate any violation of civil rights and will work to weed out any and all jail personnel who themselves break the law.”

The federal indictment charges HILL with causing injury to a Fulton County Jail inmate by using excessive force against the inmate on August 9, 2008; soliciting subordinates to commit civil rights violations against Fulton County Jail inmates; making a false report about the use of force incident; making a false statement to FBI agents; and obstructing the federal investigation of the matter.

The federal indictment charges GLENN with causing injury to a Fulton County Jail inmate by using excessive force against the inmate on August 9, 2008; making a false report about the use of force incident; making a false statement to FBI agents; and obstructing the federal investigation of the matter.

The maximum sentence for both defendants for the violation of civil rights count is 10 years in prison and a fine of $250,000. The maximum sentence for both defendants for the false report count is 20 years in prison and a fine of $250,000. The maximum sentence for both defendants for the obstruction count is 20 years in prison and a fine of $250,000. The maximum sentence for both defendants for the false statement count is 5 years in prison and a fine of $250,000. The maximum sentence for HILL’s solicitation to commit a civil rights violation is 5 years in prison and a fine of $125,000.

Members of the public are reminded that the criminal complaint contains only allegations. Each defendant is presumed innocent of the charges and it will be the government's burden to prove the defendant's guilt beyond a reasonable doubt at trial.

This case is being investigated by Special Agents of the Federal Bureau of Investigation.

Assistant United States Attorneys Brent Alan Gray and Angela M. Jordan are prosecuting the case.

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