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,

$ Property
Enterprise
 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



Employed by Associated with

Enterprise
Enterprise To participate

Through a Pattern of
Racketeering Activity
 GA RICO Statute
 O.C.G.A. 16-14-4(c) – Conspiring to violate
subsections (a) or (b)
Employed
Associated with
by
Through a Pattern of
Racketeering Activity

To acquire or maintain, Enterprise

directly or indirectly,

$ Property
Enterprise
 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

Chief Financial Officer

President & Register Agent A.Vincent Pope & Assoc., Inc
A. Vincent Pope & Assoc., Inc April 2005 – October 2007
Cointa Moody
Managing Partners, PM, LLC
Vincent Pope Architects, Inc. Partner
Managing Partners, PM, LLC

CFO & Secretary

Vincent Pope Architects, Inc.

Register Agent
P2 Holdings, LLC
(joint accts w/ AVP)
 The Charges
Crawford Pat Pope Tony Cointa
Lewis Pope Moody
Ct 1: RICO (b)
(Participate in Enterprise)

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
Theft by Taking (O.C.G.A. §16-8-2)
VIOLATIONS


 Acts Involving Theft

 False Writings and Statements  Mail Fraud (18 U.S.C.
(O.C.G.A. §16-10-20) §1341)
 Fraudulent Documents within the
Jurisdiction of a Political Subdivision
 Wire Fraud (18 U.S.C.
(O.C.G.A. §16-10-20) §1343)
 Forgery – First Degree (O.C.G.A. §16-9-  Federal Funds Theft (18
1) U.S.C. §666)
 Bribery (O.C.G.A. §16-10-2)
 Bribery (18 U.S.C. §666)
 Hindering a Law Enforcement Officer
(O.C.G.A. §16-10-24)
 Tampering with Evidence (O.C.G.A.
§16-10-94)

171 Total Predicate Acts

State needs to prove 2 Predicate Acts per Count per Defendant beyond a reasonable doubt
 The Scheme
All parties used
the Enterprise to facilitate
THEFT,
FRAUD & OBSTRUCTION

Crawford Lewis
Pat Pope Superintendent
COO

DeKalb County
School System
(“Enterprise”)

Cointa Moody
Admin Assistant to
Tony Pope Pat Pope
Architect
A. Vincent Pope & Associates
 The Scheme
Construction Projects
Bribes & Blackmail

Fr
Co aud Approval of contracts
m n s
p io
bi t
dd o la
in
g vi Crawford Lewis
g
Pat Pope vi in
ol
a tio bi
d d Superintendent
COO ns m
p
Co
$ Columbia HS
McNair Cluster Elem
Mountain Industrial Center
$ Arabia Mountain HS

Cointa Moody
Tony Pope Admin Assistant to
Architect Pat Pope
A. Vincent Pope & Associates
 The Scheme – Columbia HS
 Background –
 Tony Pope’s 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 Pope’s 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
 Fraud via Errors & Omissions
 Tony Pope’s 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.
 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 Theft by Taking Theft by Taking
(4 predicate acts) (4 predicate acts) (4 predicate acts)

Acts Involving Theft Acts Involving Theft Acts Involving

(28 predicate acts) (11 predicate acts) 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
 Pat Pope and Crawford Lewis terminate the Architect
 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)
 Pat Pope changes selection criteria
 “Approach” component (aka architectural portion) of project increased by 25 percentage
point to equal 35% of overall scoring
 Tony Pope becomes part of CDM’s Design-Build Team that drafted their RFP response
 Pat Pope manipulates scoring of offerors
 Pat Pope instructs Paulette Strain to change her score so that CDM won the contract
 The Scheme – McNair Project
 Tony Pope’s 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 Pope’s 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 Pope’s pay applications

 CDM contracts with Tony Pope and pays his company $166,242.00
 McNair Project
PAT POPE TONY POPE CRAWFORD COINTA
LEWIS MOODY
Theft by Taking Theft by Taking Theft by False
(1 predicate act) (1 predicate act) Taking Documents
(1 predicate acts) (4 predicate acts)

Acts Involving Acts Involving

Theft Theft
(5 predicate acts) (3 predicate acts)

Mail Fraud, 18 Wire Fraud, 18

U.S.C. §1341 U.S.C. §1343
(1 predicate act) (12 predicate acts)

Theft under 18
U.S.C. §666
 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 BAFO’s 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
 Misrepresentation to BOE & Counsel
 Never informed Board of Tony Pope’s involvement
 Claimed that counsel approved his involvement after the fact
 Crawford Lewis authorized payment to NIX FOWLER – Tony Pope paid
$855,831.00
 Additional money to Tony Pope
 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
 MIC Project
PAT POPE TONY POPE CRAWFORD
LEWIS
Theft by Taking Theft by Taking Theft by Taking
(2 predicate acts) (2 predicate acts) (2 predicate acts)

Acts Involving Acts Involving Acts Involving

Theft Theft Theft
(6 predicate acts) (2 predicate acts) (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
 TURNER’s original offer & BAFO were higher than competitor WINTER
 Forged Tally Sheets
 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
 Bribery of Pat Pope & Crawford Lewis
 The following was solicited & received from TURNER:
 $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 CRAWFORD LEWIS
Forgery 1st Degree Bribery
(3 predicate acts) (3 predicate acts)

False Statements Bribery under 18 U.S.C.

(3 predicate acts) §666
(1 predicate acts)

Bribery
(3 predicate acts)

Bribery under 18 U.S.C.

§666
(1 predicate acts)
 Total Fraudulently Paid to
Tony Pope via
A. Vincent Pope & Associates
Pope’s Total from DCSS (not including the e/o):

from Columbia: $1,122,456.54

from McNair: $ 193,217.80
from MIC: $1,075,718.00
Grand Total: $2,391,392.34
 Total DCSS committed via
illegally obtained
Construction Contracts
Project Contractor Illegal Means Used Total Amount
of Contract
Columbia HS Merit 1. Fraudulently $ 9,815,843.00
Construction characterizing new work
as C/O
2. Did not advertise publicly

McNair Project CD Moody 1. Shared inside info $ 11,900,000.00

Construction 2. Exclusive One-one
meetings

Mountain Nix Fowler 1. Fraudulent creation of MIC $20,089,839.00*

Industrial Center II
2. Did not advertise smaller
DECA project
Arabia Mountain Turner 1. Forged Tally Sheets $40,000,000.00*
HS * Including change orders (approx.)
 The Scheme
Gov’t Employee Theft & Bribery

Ev $
tic en /Ca ar/
C
ke t r/ $/ t
ts
v en ts Crawford Lewis
E ke
Pat Pope tic Superintendent
COO Gifts from
Contractors
Illegal car purchases
Illegal P-Card Usage
Fraudulent Overtime
Payments
$

Cointa Moody
Tony Pope Admin Assistant to
Architect Pat Pope
A. Vincent Pope & Associates
 The Scheme – Gov’t 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 Falcon’s 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 Mayor’s Ball for Pat Pope, Tony Pope & Crawford Lewis
 Pat Pope & Crawford Lewis never disclosed gifts to BOE in violation of
policy
 The Scheme – Gov’t Employee
Theft & Bribery
 Pat Pope & Crawford Lewis improperly purchase their
government cars at discounts
 DOAS policy prevents sale of gov’t cars to individuals
 DOAS policy says any cars to local gov’ts & 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 – Gov’t 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 Pope’s 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 banker’s 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 Attorney’s
Investigation
 Crawford Lewis asks Chief ADA Don Geary to table investigation for
advantage in civil case against HEERY-MITCHELL
 OTHER RACKETEERING ACTIVITY
CRAWFORD LEWIS PAT POPE TONY POPE MOODY

Acts Involving Theft Acts Involving Theft Hindering a Acts Involving

(4 predicate acts) (2 predicate acts) LEO Theft
(1 predicate act) (1 predicate acts)

False Statements Bribery Tampering Bribery

(2 predicate acts) (4 predicate acts) with (6 predicate acts)
Evidence
(1 predicate act)

Bribery Bribery Bribery under

(1 predicate act) 18 U.S.C. §666 18 U.S.C. §666
(2 predicate acts) (2 predicate acts)

Bribery under 18 U.S.C. Hindering a LEO

§666 (1 predicate act)
 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