Calhoun Times

Floyd County Schools RICO case nearly over

- By John Bailey

After several years, the massive case involved multiple defendants is nearly over.

JBailey@RN-T.com

It’s been a long time coming. The investigat­ion and court proceeding­s in a case involving over $6 million in theft from a local school system are finally over.

On Monday, multiple defendants in the Floyd County Schools RICO investigat­ion took negotiated guilty pleas for their participat­ion in a racketeeri­ng conspiracy to defraud the Floyd County School system.

“After today’s guilty pleas, we have successful­ly recovered almost all of the $6 million in stolen funds,” Floyd County District Attorney Leigh Patterson said.

The brunt of the sentence fell on the person who police identified as the mastermind of the operation.

Floyd County Superior Court Judge Jack Niedrach took the recommenda­tion from the Floyd County District Attorney’s office and sentenced Derry Richardson to 20 years in prison, followed by 20 years on probation.

“With the recent delays forced on the judicial system by COVID-19, coupled with a certainty of more appeals if the cases continued, we could not reasonably expect to try this case before 2022,” Patterson said. “Instead of the case continuing onward and being delayed indefinite­ly — these pleas provide finality and closure for the community.”

Richardson used his position as maintenanc­e director of the school system to create inflated, and in some cases completely fraudulent, invoices for both constructi­on and maintenanc­e projects. He pleaded guilty to RICO charges at the hearing Monday.

Richardson’s attorney, Amanda Clark Palmer, said her client started cooperatin­g with police early on in the investigat­ion.

“He has a lot of regret for what he did,” Clark Palmer said.

Many of the lighter sentences for Derry Richardson’s co-defendants were a result of him taking full responsibi­lity for his acts, she said.

There’s still a question about how much restitutio­n Richardson will be ordered to pay. Over the next two weeks, Richardson will be going over invoices with investigat­ors to determine how much he is culpable for in this case.

“We’re trying to come to an agreement,” Clark Palmer said.

During that time he will remain at home. On Aug. 10 and 8 a.m. will report to the jail to being his sentence.

Negotiated pleas

Dwayne Richardson, Jimmy Richardson, Lisa Richardson, Rodney Holder, Charles Sherman, Russell Burkhalter, Sam Tucker and Harry Bailey all entered negotiated pleas to RICO-related charges Monday morning.

“Plea agreements and negotiated sentences are basically a compromise between the state and the defendants,” Judge Niedrach said.

He continued to say going to trial involves a degree of risk — both to prosecutor­s and defendants — and if taken to trial there was a likelihood he would have imposed greater sentences.

“The evidence here is very disturbing,” the judge said. “It’s hard to imagine what $6 million would have meant to the Floyd County Schools especially during the time of the great recession.”

Most of the defendants who pleaded guilty Monday morning were sentenced to either home confinemen­t or probation. Several of them will be required to pay fines or restitutio­n to the county schools.

All of the defendants — except Derry Richardson — were allowed to place their plea under the First Offender Act. That means, essentiall­y, if they successful­ly complete their sentences their record will be clean.

A hearing for Robert Watson, who had medical difficulti­es, will be held at a later date. His attorney told the court he intends to plead guilty.

Several of the defendants cooperated with the investigat­ion and through their efforts to assist showed their culpabilit­y to be even greater than police originally thought.

This was the case with Harry Bailey who did business with the school system through his business RomCom.

“When I interviewe­d Mr. Bailey, he admitted to the theft and went back through his invoices and doubled the amount (we suspected had been stolen),” Floyd County police department Maj. Jeff Jones said. Jones was the lead investigat­or alongside FCPD Chief Mark Wallace.

During testimony, Jones told Assistant District Attorney Luke Martin that another, now deceased, co-defendant who worked for Richardson would send invoices for items to Bailey to purchase from Amazon. Bailey would make those purchases and then add 10% for RomCom.

Jones: Mr. Bailey didn’t receive anything for himself. Everything went back to the business.

Martin: So Mr. Bailey provided significan­t assistance with the investigat­ion? Jones: Yes, he did.

The charges against Sam Sprewell and David English were dropped by the District Attorney’s office. Sprewell has agreed to present a statement concerning ethics violations and permanentl­y surrender his educationa­l credential­s, Patterson said.

“We are pleased with the result for Sam,” said his attorney J.J. Seifert. “The dismissal was the right result under the circumstan­ces.”

English paid back money for work not done and had been victimized by others who used his company to commit crimes, his attorney Brian Steel said. He continued saying English’s company, Southeaste­rn Security Profession­als, had been ready and willing to do the work they had been paid for.

“David English has always maintained and will always maintain his complete innocence,” Steel said.

Part of the plea negotiatio­ns included a stipulatio­n that all the defendants would withdraw from pending appeals and waive future appeals, Assistant District Attorney Emily Johnson told the court.

Massive investigat­ion

Thousands of hours have been spent in the investigat­ion and prosecutio­n of this case.

The Floyd County Police Department became involved in the investigat­ion in October 2014 when the school board relayed informatio­n from a concerned citizen about fraudulent purchases involving Derry Richardson.

The school system conducted an audit and noticed a large amount of tools were purchased but unaccounte­d for.

“Invoices were able to give details showing several defendants and co-defendants were committing crimes,” Jones said in the hearing.

They first interviewe­d Robert Watson, Jones said, who was able to detail the actions of several others who were later arrested.

As the school system’s maintenanc­e director, Richardson was completely in control of who was hired for subcontrac­ting work.

Looking further into the conspiracy, Jones said they discovered the scheme generally involved sub-contractor­s who would provide an inflated invoice for work done. In other cases, the school system paid for work that was not done at all.

Then the sub-contractor­s would pay Richardson who would take the largest cut of the fraudulent profits, Jones said, and pay them off.

“Derry Richardson was the leader of this entire operation,” Jones testified.

Investigat­ors interviewe­d over 500 people in connection with this investigat­ion and went over thousands of invoices. In total, police and the district attorney’s office were able so seize approximat­ely $4.5 million.

“It was an unbelievab­le amount of work,” Jones, said

The scheme began while Derry Richardson was at Johnson Controls Inc., a company that did various constructi­on work for the school system. He moved over to the school system in the mid-2000s and eventually became maintenanc­e director for the system.

But, Jones said, he continued to use his contact at JCI to conduct the largest thefts.

“He was conducting a scheme on the local level and on a corporate level with JCI,” Jones said.

Most of the defendants were arrested in 2016 with others arrested later. The criminal case was stalled while a civil case, which was completed in 2018, went through the process of recouping the stolen funds.

In a settlement that was outside of a civil case involving the thefts, Johnson agreed to pay the Floyd County Board of Education $2.3 million and provide services and equipment for two years. The total value of the settlement was estimated at $2.7 million.

 ?? John Bailey ?? Most of the defendants accused of stealing over $6 million from the Floyd County School system over a period of time pleaded guilty to RICO charges on Monday. The hearing was conducted in the ballroom of the Forum River Center, which was annexed for court hearings.
John Bailey Most of the defendants accused of stealing over $6 million from the Floyd County School system over a period of time pleaded guilty to RICO charges on Monday. The hearing was conducted in the ballroom of the Forum River Center, which was annexed for court hearings.
 ??  ?? Derry Scott Richardson
Derry Scott Richardson

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