Local Businessman Sentenced to 5 Years in Prison for Fraud & Bribery Involving Federal 'E-Rate' Funds

/PRNewswire-USNewswire/ -- R. Clay Harris, 56, of Peachtree City, Ga., was sentenced today by United States District Judge Clarence Cooper on charges of bribery and conspiring to bribe a former Atlanta Public Schools (APS) official and to deprive APS and the citizens of Atlanta of that official's honest services.

"This defendant paid over two hundred thousand dollars in bribes to the technology director of Atlanta Public Schools in exchange for lucrative technology contracts," said David E. Nahmias, United States Attorney. "The sentence imposed in this case should serve as another warning that business people who think they can bribe their way into contracts with school systems and government agencies face the risk of being caught and convicted. In this case, both the school system employees who accepted the payoffs and the contractor who made the payoffs have now been convicted and will serve time in federal prison."

"Today's sentencing demonstrates the Department's resolve to hold accountable individuals who disrupt the competitive process and frustrate efforts to help our nation's economically disadvantaged school children," said Deborah A. Garza, Acting Assistant Attorney General in charge of the Department's Antitrust Division.

R. Clay Harris was sentenced to five years in federal prison to be followed by three years of supervised release, and with two co-defendants was ordered to pay restitution of $234,324.50.

According to United States Attorney Nahmias, the charges and other information presented in court: Harris was the CEO and majority owner of Multimedia Communications Services Corporation (MCSC), while co-conspirator Arthur Scott was the Director of APS's Operational Technology/Telecommuications Division, with responsibility for APS's technology infrastructure and for managing and overseeing APS's "E-Rate" program. Arthur Scott pleaded guilty to conspiracy and bribery charges in May 2007, and is currently serving a sentence of three years in federal prison. Arthur Scott testified at trial against Harris.

The E-Rate program was created by Congress in 1996 to provide funding to connect needy schools to the Internet and was authorized to provide billions of dollars of funding to such schools. In 1998, Arthur Scott and other APS Information Services employees recommended that MCSC (and related companies) be awarded contracts to do E-Rate work for APS.

Evidence at trial showed that starting in late 2000 and continuing until late 2002, Harris paid M&S Consulting, a business partnership between Arthur Scott and his wife, Evelyn Myers Scott, over $230,000 for favorable treatment in receiving E-Rate and other APS business. In January 2001, shortly after the corrupt payments began, Arthur Scott submitted E-Rate funding applications requesting over $22 million for MCSC to provide equipment and services to APS, without competitive bidding.

The evidence showed that in September 2001, APS learned that E-Rate had approved and set aside $11 million for MCSC projects. Arthur Scott testified at trial that he did virtually no work for Harris from that point forward, yet he continued to invoice Harris and got over $200,000 in payments from Harris. During that same time period, Harris received over $11 million in E-Rate funds for work at APS.

In January 2002, Arthur Scott submitted E-Rate funding applications requesting over $16 million more for MCSC to provide equipment and services to APS, again without competitive bidding. Harris' payments to Scott stopped when Harris' company, MCSC, was forced to competitively bid for additional E-Rate work in December 2002 and was not selected by APS to conduct further work under the E-Rate program. Evelyn Myers Scott, the partner in M&S Consulting, pleaded guilty to a charge of conspiracy to deprive APS of her honest services in May 2007 and is currently serving a sentence of two years in federal prison. Evelyn Myers Scott also testified at trial against Harris.

This case was investigated by the Federal Bureau of Investigation and the Federal Communications Commission Office of the Inspector General. APS cooperated in the investigation.

Assistant United States Attorneys William McKinnon and Sally B. Molloy prosecuted this case, with the assistance of the Atlanta Field Office of the Antitrust Division.

For further information please contact David E. Nahmias (pronounced NAH-me-us), United States Attorney, or Charysse L. Alexander, Executive Assistant United States Attorney, through Patrick Crosby, Public Affairs Officer, U.S. Attorney's Office, at (404) 581-6016. The Internet address for the home page for the U.S. Attorney's Office for the Northern District of Georgia is www.usdoj.gov/usao/gan.

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Senior "Black Mafia Family" Member Sentenced in Cocaine Distribution Case

A federal judge on December 17 sentenced FLEMING "ILL" DANIELS, 35, of Roswell, to 20 years in federal prison for his conviction for conspiring to distribute cocaine with other members of the "Black Mafia Family" ("BMF"), a violent drug gang that has been the focus of federal prosecution in Atlanta, Detroit, Los Angeles, Louisville, Orlando, and elsewhere around the United States. DANIELS was also ordered to serve 5 years of supervised release, and ordered to pay a fine of $10,000.

United States Attorney David E. Nahmias said, "This defendant--someone with multiple prior drug and firearms convictions -- typifies what was so alarming about the Black Mafia Family, a criminal organization that combined drug dealing with gun violence. This sentence will prevent Daniels from returning for many years to the wayward and dangerous lifestyle that the BMF celebrated."

DEA Special Agent In Charge Rodney G. Benson said of the sentencing, "The distribution of dangerous drugs and associated gun violence are a recipe for disaster. This lifestyle will land you serious prison time or it may cost you your life. The sentence imposed upon this defendant is appropriate for the crimes that he committed."

According to Nahmias and other information presented in court: DANIELS and his co-conspirators were members or associates of the Black Mafia Family, a nationwide gang that distributed thousands of kilograms of cocaine during 2002-2005. Federal authorities first moved against the BMF in October 2005 with multi-defendant cocaine conspiracy indictments in Detroit, Louisville, and Orlando. Dozens of other defendants were subsequently charged as a result of related BMF investigations in Los Angeles, St. Louis, and Greenville, South Carolina. In the Atlanta case, 16 defendants were indicted in July 2007. DANIELS was the only Atlanta defendant to go to trial to date; 11 of his co-defendants have entered guilty pleas. The jury that convicted DANIELS found that he was personally responsible for distributing over 50 kilograms of cocaine, drugs with a street value in excess of $1,000,000. One defendant in the case, VERNON M. COLEMAN, a/k/a "Wu," 32, of Atlanta, remains a fugitive. The other three co-defendants are in custody but have not yet resolved their cases.

The evidence showed that at its peak during 2003-2004, the BMF was moving hundreds of kilograms of cocaine into Atlanta, Detroit, and other distribution hubs every month. The drugs would arrive in vehicles - often limousines - with secret compartments or "traps." These same trap vehicles would then be filled with cash (the proceeds from drug sales) to be sent back to the Mexican sources of supply.

Along with these massive amounts of cocaine, the BMF brought violence to the streets of Atlanta. In one incident, Rashannibal Drummond, 23, was beaten, shot and killed in the parking lot of the Midtown club Velvet Room during the early morning hours of July 25, 2004. The murder was the culmination of a one-sided brawl that was alleged to have been precipitated when the unarmed Drummond slapped one of the BMF's prized luxury vehicles to alert its driver not to back over him. FLEMING DANIELS has been indicted in Fulton County for that murder and is awaiting trial.

The U.S. Attorney's Office in Atlanta recommends parents and children learn about the dangers of drugs at www.justthinktwice.com.

This case was investigated by Special Agents from the Drug Enforcement Administration, assisted by the United States Marshals Service; the Internal Revenue Service; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Federal Bureau of Investigation; the Atlanta High Intensity Drug Trafficking Area Task Force; the Tennessee Department of Safety; the Atlanta Police Department; the DeKalb County Police Department; and the Henry County Police Department.

Assistant United States Attorneys Cassandra Schansman and Robert McBurney prosecuted the case.

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Armed Bank Robber Sentenced to Prison for over 25 Years

DONNIE ATKINS, 58, of Atlanta , Georgia , was sentenced November 7, 2008, by United States District Judge Marvin H. Shoob to over 25 years in federal prison on a charge of armed bank robbery.

“This defendant terrorized bank tellers and employees whose only mistake was to show up at the bank to do an honest day’s work,” said United States Attorney David E. Nahmias. “Then he brazenly and recklessly shot at Atlanta Police officers who arrived at the scene to stop the robbery. Fortunately, no officer or bank employee suffered any physical injuries. The sentence imposed on this defendant shows the harsh consequences for anyone who would dare to rob a bank at gunpoint, including significant time in federal prison.”

ATKINS was sentenced to 25 years, 8 months in prison to be followed by 5 years of supervised release. ATKINS pleaded guilty to the charge on August 22, 2008.

According to United States Attorney Nahmias and the information presented in court: On December 13, 2007 , at approximately 9:10 a.m. , ATKINS and an unidentified accomplice robbed the Capitol City Bank at gunpoint, located at 2358 Cascade Road , Atlanta. Employees of the bank noticed the two men as they approached the bank, and thought that the men looked suspicious because they were wearing sweatshirts with hoods covering their heads and faces. An armed security guard attempted to block their entry into the back door of the bank, but the men overpowered him, forced him to the ground, removed his weapon, and handcuffed him. The accomplice stayed with the guard during the robbery, keeping a gun pointed at the guard’s head. ATKINS forced at gunpoint bank employees who were hiding in a break room to come into the lobby and to lie on the floor. One of the employees was on the phone with an emergency dispatch operator when ATKINS came into the break room. ATKINS took more than $15,000 from the teller drawers. ATKINS demanded access to the vault, but the tellers told him that they did not have the keys to the vault. ATKINS began kicking the iron gate to the vault to gain access when his accomplice alerted ATKINS that two police cars had pulled up to the bank. ATKINS and his accomplice ran out of the bank and separated. Atlanta Police Department officers chased ATKINS, and he turned around and fired several shots at them. ATKINS continued to run and, as he attempted to shoot at the pursuing police officers again, he shot himself in the shoulder. At that point, ATKINS was taken into custody. ATKINS had all of the robbery money in a bag that he was carrying. Moreover, ATKINS also had on him a gun that was taken from the armed security guard at a robbery of the same bank on June 22, 2007.

ATKINS’ accomplice has not yet been located, and the FBI’s investigation and search continues. Anyone with information about the accomplice is asked to call the FBI at 404-679-9000.

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

Assistant United States Attorney Paul R. Jones prosecuted the case.

For further information please contact David E. Nahmias (pronounced NAH-me-us), United States Attorney, or Charysse L. Alexander, Executive Assistant United States Attorney, through Patrick Crosby, Public Affairs Officer, U.S. Attorney's Office, at (404) 581-6016. The Internet address for the HomePage for the U.S. Attorney's Office for the Northern District of Georgia is www.usdoj.gov/usao/gan.

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Eddie Milton Garey, Jr. Sentencing Affirmed

Maxwell Wood, the United States Attorney for the Middle District of Georgia announced today that on October 31, 2008, the United States Court of Appeals for the Eleventh Circuit affirmed the prison sentence of Eddie Milton Garey, Jr.

In early September 2003, the Macon - Bibb County 911 Center received a series of disturbing calls from the same unidentified caller. Using several different cellular telephones and a computer generated voice, the caller tried to extort money by threatening to bomb and gas various locations throughout Macon, Georgia. On September 11, 2003, agents traced the calls to a local residence, and found themselves at the home of Garey.

Garey was tried in December 2004. On December 17, 2004, a jury in Columbus, Georgia found the defendant guilty of twenty-seven (27) charges arising from the bomb threats. On August 10, 2005, the Honorable Clay D. United States District Judge, imposed a sentence of 360 months imprisonment. There is no parole in the federal system.

On August 20, 2008, the United States Court of Appeals for the Eleventh Circuit, sitting en banc, found that Garey properly waived his right to counsel when Garey announced that he represent himself.

The October 31 decision affirmed Garey's 360 month sentence. A panel of the appellate court found that Garey was appropriately sentenced under the United States Sentencing Guidelines, and that the district court properly found that Garey's offensive conduct was a federal crime of terrorism.

Agencies involved in the investigation included the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Macon Police Department and the Bibb County Sheriffs Office. The appeals were handled by Elizabeth A. Olson and Elizabeth D. Collery, United States Department of Justice, Criminal Appellate Section, and Assistant United States Attorney Dean S. Daskal. The prosecution was handled by Assistant United States Attorneys Tracia M. King, Jennifer Kolman and Harry J. Fox, Jr.

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Black Mafia Family Sentencing

A federal judge has sentenced 10 of the 16 defendants indicted for their participation in the cocaine distribution activities of the “Black Mafia Family” (BMF), a violent drug gang that has been the focus of federal prosecution in Atlanta, Detroit, Los Angeles, Louisville, Orlando, and elsewhere.

United States Attorney David E. Nahmias said, “These sentencings help bring to a close the Justice Department’s successful dismantling of the Black Mafia Family, a coast-to-coast drug empire once so brash and powerful that it purchased freeway billboards proclaiming that the world was theirs. Their ‘world’ – one built on illegal drugs and gun violence – has crumbled, thanks to the hard work of many law enforcement agents and prosecutors. Now all that is left for the BMF criminals is prison time.”

SAC Rodney G. Benson of the DEA Atlanta Field Division said, “The government has successfully dismantled a violent and notorious drug trafficking organization. The Black Mafia Family wreaked havoc from coast to coast by distributing cocaine and leaving a destructive path of violence along the way without regard for public safety. Their bold image once propelled them into the media spotlight. Today they are again in the spotlight, this time for the right reason. These defendants are deserving of the sentences that were handed down today. Through the concerted efforts of our federal, state and local law enforcement counterparts, we were able to successfully investigate, prosecute and remove these violent criminals from the street.”

The defendants sentenced yesterday and today, and their terms of incarceration, are:

•DIONNE E. BEVERLY, 36, of Hurricane, West Virginia, 10 years in federal prison, to be followed by 5 years of supervised release;

•LAMAR K. FIELDS, 40, of Atlanta, 5 years, 10 months in federal prison to be followed by 5 years of supervised release;

•DERON HALL, 32, of St. Louis, Missouri, 7 years, 6 months in federal prison to be followed by 5 years of supervised release;

•VICTOR D. HAMMONDS, 44, of Conyers, Georgia, 4 years in federal prison to be followed by 5 years of supervised release;

•BARIMA P. McKNIGHT, 30, of Las Vegas, Nevada, 5 years, 4 months in federal prison to be followed by 5 years of supervised release;

•JAMAL S. MITCHELL, 39, of East Orange, New Jersey, 5 years, 3 months in federal prison to be followed by 5 years of supervised release;

•FRANKLIN D. NASH, 57, of Decatur, Georgia, 6 months to be served in a halfway house; •DERREK Q. PITTS, 34, of East Orange, New Jersey 16 years, 8 months in federal prison to be followed by 5 years of supervised release;

•BRYANT SHAW, 28, of Atlanta 10 years in federal prison to be followed by 5 years of supervised release; and

•DARRYL C. TAYLOR, 48, of Rex, Georgia, 7 years, 3 months in federal prison to be followed by 5 years of supervised release.

According to Nahmias, court records, and other publicly-available information: The defendants were members or associates of the Black Mafia Family, a nationwide gang that distributed thousands of kilograms of cocaine during 2002-2005. Federal authorities first struck a blow against the BMF in October 2005 with multi-defendant cocaine conspiracy indictments returned in Detroit, Louisville, and Orlando. Dozens of other defendants were subsequently arrested as a result of related BMF investigations in Los Angeles, St. Louis, and Greenville, South Carolina. In the Atlanta case, 16 defendants were indicted in July 2007. The lone Atlanta defendant who went to trial, FLEMING DANIELS, 36, of Roswell, Georgia, was convicted and is scheduled to be sentenced next month. One defendant in the case, VERNON M. COLEMAN a/k/a “Woo,” 32, of the Atlanta area, remains a fugitive.

At its peak during 2003-2004, the BMF was moving hundreds of kilograms of cocaine into Atlanta, Detroit, and other distribution hubs every month. The drugs would arrive in vehicles – often limousines – with secret compartments or “traps.” These same trap vehicles would then be filled with cash (the proceeds from drug sales) to be sent back to the Mexican sources of supply.

Along with these massive amounts of cocaine, the BMF brought violence to the streets of Atlanta. In one incident, Rashannibal Drummond, 23, was beaten, shot and killed in the parking lot of the Midtown club Velvet Room during the early morning hours of July 25, 2004. The murder was the culmination of a one-sided brawl that was alleged to have been precipitated when the unarmed Drummond slapped one of the BMF's prized luxury vehicles to alert its driver not to back over him. Defendant FLEMING DANIELS has been indicted in Fulton County for that murder.

DEMETRIUS FLENORY and much of the BMF fled Atlanta in late November 2004 after an expensive BMF drug stash house in northwest Atlanta was raided by Atlanta Police and DEA agents. Although no arrests occurred at the unoccupied house, officers discovered three firearms, fictitious identifications, BMF paraphernalia, and marijuana. They also confiscated two vehicles, including a 2003 Hummer H2 stretch limousine that was suspected to have been used by the BMF as a drug transport vehicle. A search of the limo produced no contraband; the vehicle was later forfeited and sold at public auction. Subsequently, agents received a tip that the Hummer limousine contained concealed compartments that had not been discovered during the previous search. In August 2008, agents re-located the limousine, which was then in the possession of its fourth innocent owner since its sale by the government in November 2005.

With federal search warrant in hand, agents again searched the limousine, finally discovering the compartments, or “traps,” and removing from them seven semi-automatic firearms and nearly $900,000 in cash, believed to be proceeds from one of the BMF's last major cocaine transactions.

DEMETRIUS FLENORY and his brother and co-leader of the BMF, TERRY LEE FLENORY, 38, were named in the cocaine and money laundering indictment issued in Detroit. Both were convicted and sentenced last month to 30-year prison terms.

This case was investigated by Special Agents from the Drug Enforcement Administration, assisted by the United States Marshals Service; the Internal Revenue Service; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Federal Bureau of Investigation; the Atlanta High Intensity Drug Trafficking Area Task Force; the Tennessee Department of Safety; the Atlanta Police Department; the DeKalb County Police Department; and the Henry County Police Department.

Assistant United States Attorneys Cassandra Schansman and Robert McBurney prosecuted the case.

The U.S. Attorney's Office in Atlanta recommends parents and children learn about the dangers of drugs at www.justthinktwice.com.

For further information please contact United States Attorney Nahmias, or Charysse L. Alexander, Executive Assistant United States Attorney, through Patrick Crosby, Public Affairs Officer, U.S. Attorney's Office, at (404) 581-6016. The Internet address for the home page for the U.S. Attorney's Office for the Northern District of Georgia is www.usdoj.gov/usao/gan.

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Former Clayton County Police Officer Sentenced for Sending Obscene Matter on the Internet

CASEY AUSTIN CARMICHAEL, 29, of Peachtree City, Georgia, was sentenced October 16, 2008, by United States District Judge Willis B. Hunt, Jr, on a charge of attempting to transfer obscene matter over the internet to a person under 16 years old.

United States Attorney David E. Nahmias said of today’s sentencing, “As a police officer, this defendant abused the public’s trust and his police computer to do the exact opposite of what he was supposed to do. Instead of fighting crime and arresting those who would do harm to our children and our community, he became a criminal and a threat to children.”

CARMICHAEL was sentenced to 2 years, 9 months in prison to be followed by 3 years of supervised release. There is no parole in the federal system. CARMICHAEL pleaded guilty to the charge on August 14, 2008.

According to United States Attorney Nahmias and the information presented in court: In September 2007, CARMICHAEL, while on duty as a Patrolman with the Clayton County Police Department, used his Department-issued computer to transfer obscene materials to a person CARMICHAEL believed to be girl under 16 years of age. CARMICHAEL had contacted her in a “chat room” on the Internet, and had conversations with her relating to obscene materials over several days while on duty as a Patrolman. The underage “girl” was actually an FBI Agent working undercover with the Safe Child Task Force. CARMICHAEL was dismissed from the Clayton County Police Department upon his indictment in this case.

This case was investigated by Special Agents of the FBI and its Safe Child Task Force.

Assistant United States Attorney David E. McClernan prosecuted the case.

This case was brought as part of Project Safe Childhood. In February 2006, the Attorney General launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney's Offices around the country, Project Safe Childhood marshals federal, state and local resources to apprehend and prosecute individuals who exploit children via the Internet. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

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Georgia Man Sentenced for 36 Months in Prison for Inernet Investment Fraud

A Georgia man was sentenced October 15, 2008, in U.S. District Court for using an Internet website in the name of the Transnational Fund to fraudulently induce persons to invest in so-called “certificates” promising a guaranteed rate of return in nine months.

United States Attorney Michael J. Sullivan, Warren T. Bamford, Special Agent in Charge of the Federal Bureau of Investigation - Boston Field Division and Police Commissioner Edward Davis of the Boston Police Department, announced today that MICHAEL PATRICK LUCKETT, age 37, of 6015 Henson Rd., Gainseville, GA, was sentenced by U.S. District Judge William G. Young to 36 months imprisonment, to be followed by 3 years of supervised release. LUCKETT was also ordered to pay $97,387 in restitution. The Securities and Exchange Commission is expected to distribute approximately $222,900, held in frozen bank accounts, to victims in the near future. LUCKETT pled guilty to four counts of mail fraud on July 14, 2008.

At an earlier plea hearing, the prosecutor told the Court that had the case proceeded to trial the Government’s evidence would have proven that LUCKETT used a website in the name of Transnational Fund to induce individuals to invest in “certificates” with a guaranteed return of principal and approximately 6.35% interest after nine months, but that instead of investing the funds he received, LUCKETT used them for his own personal and business purposes. By this scheme, LUCKETT induced approximately fifteen persons from around the United States to send him a total of more than $450,000. LUCKETT operated the Transnational Fund scheme from an apartment in Boston, while the website directed prospective investors to mail their checks to an address in Hartford, which LUCKETT arranged to be forwarded to him. LUCKETT opened multiple bank accounts in the name of the Transnational Fund into which he deposited investors’ funds, and that he used nearly $100,000 of the funds received for expenses such as his personal rent and meals, making cash withdrawals and promoting the Transnational Fund website.

The case was investigated by the Federal Bureau of Investigation and the Boston Police Department, with assistance from the Boston Office of the Securities and Exchange Commission and the Suffolk County District Attorney’s Office. It is being prosecuted by Assistant U.S. Attorney Mark J. Balthazard of Sullivan’s Economic Crimes Unit.


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Two Men Sentenced for Making False Bomb Threat to CDC

QUANTAVIOUS GREENE, 28, of Jackson, Georgia, and ELIJAH CHANDLER, 21, of College Park, were sentenced today (July 16, 2008) by United States District Judge Orinda D. Evans on charges of aiding and abetting one another in using the telephone to call in a false bomb threat to the Atlanta-based Centers for Disease Control (CDC) and later making false statements to FBI agents regarding the call.

United States Attorney David E. Nahmias said of the case, “Bomb threats, whether real or false, cause untold costs to the community in terms of law enforcement response, lost working hours, and fear. Anyone who may be inclined to make a bomb threat on a whim should understand that we take those threats very seriously no matter the motivation. One of these defendants wanted to get off work early. Now he and his codefendant are going to federal prison.”

GREENE was sentenced to 4 months in federal prison to be followed by 3 years of supervised release. GREENE pleaded guilty to the charges on November 15, 2007. CHANDLER was sentenced to 6 months in federal prison to be followed by 3 years of supervised release. CHANDLER pleaded guilty to the charges on January 25, 2008.

According to United States Attorney Nahmias and the information presented in court: On April 14, 2006, the CDC Office in Atlanta received a telephone call from a blocked telephone number. The caller stated that a bomb had been placed in the building and identified himself using the name of a former employee of the CDC who had been fired. DeKalb County Police responded and searched the building, but did not find any explosive devices. On the date the call was made, ELIJAH CHANDLER was employed by the CDC as a contract worker. Through a lengthy investigation, FBI agents determined that the former employee whose name was given by the caller did not make the call. Ultimately, the investigation led to GREENE and CHANDLER, both of whom at first gave false statements to the agents about their knowledge of the telephone call and telephone number used. The false statements further impeded the investigation. GREENE later confessed to making the call, stating that CHANDLER urged him to do so so that CHANDLER could leave work early.

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

Assistant United States Attorney Katherine Monahan Hoffer prosecuted the case.