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South Ga. man indicted in DeKalb Co. government conspiracy case | News

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South Ga. man indicted in DeKalb Co. government conspiracy case
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DEKALB COUNTY, Ga. -- A Georgia man has been arraigned after being indicted for conspiring with a former county commissioner and others to steal thousands from local government.

Marion Rooks Boynton, 73, of St. Simons Island, Ga. was accused of conspiring with former DeKalb County Commissioner Elaine Boyer and her husband John Boyer to steal over $85,000 from DeKalb County.

“Boynton allegedly conspired with Elaine and John Boyer to steal taxpayer money from DeKalb County,” said U.S. Attorney John Horn. “The trio diverted thousands of dollars in county funds to their own personal bank accounts by exploiting former DeKalb County Commissioner Boyer’s position.”

Each of the seven Commissioners is responsible for the management of their respective offices, which includes controlling the offices’ budget and hiring staff members, contractors, and consultants.

In recent years, the operating budget for a Commissioner’s office has been approximately $250,000 per year. The commissioners can use their budget only for county-related business.

In 1992, Elaine Boyer began serving as the Commissioner of District 1, which served residents in north DeKalb County, including in Brookhaven, Dunwoody, Tucker, and Smoke Rise, Ga.

In 2009, Elaine Boyer and her husband John Boyer began experiencing financial difficulties. As a result, they became involved in an unlawful kickback scheme to obtain money from the DeKalb County government. In particular, around September 2009, Commissioner Boyer hired long-time, family friend Rooks Boynton as a purported political advisor, allegedly to assist her with government consulting.

As part of the scheme, false invoices were submitted to Boyer’s office for services supposedly rendered by Boynton. In fact, Boynton performed no services for her office, county government or residents.

Commissioner Boyer used the false invoices as a basis to authorize payments to Boynton. From September 2009 to November 2011 requisition requests show that the county issued approximately 35 checks to Boynton for consulting services that were never performed – totaling more than $85,000.

 

Boynton then deposited a portion of the money that he received from DeKalb County into a bank account used by the Boyers. Specifically, after being paid by DeKalb County, Boynton funneled approximately $60,000 of funds from DeKalb County into a personal bank account used by the Boyers.  Boynton kept and spent the rest of the approximately $25,000 that he received from the county – despite not performing any services for them.

In August 2014, Commissioner Boyer, 59, of Stone Mountain, Ga., resigned mid-term as the Commissioner of District 1. The day after resigning, Boyer was charged with conspiring to commit wire and mail fraud.  On March 20, she was sentenced to 14 months in prison and ordered to pay approximately $87,000 in restitution after pleading guilty.

On Feb. 24, her husband also pleaded guilty to conspiring to commit mail fraud. Boyer is scheduled to be sentenced on August 19.

Boyton’s indictment becomes the latest in the legal process stemming from the incident.

On Aug. 11, the Grand Jury returned an indictment against Boynton on charges of conspiracy and substantive federal program theft.

“Elected officials who violate the public trust remain a priority investigative matter for the FBI but those who entice or assist those public officials as they engage in their corrupt criminal conduct are equally subject to federal investigation and prosecution,” FBI Special Agent-in-Charge J. Britt Johnson said. “The FBI asks that anyone with information regarding such activities to contact their nearest FBI field office.”

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