THE STATE vs CRAWFORD LEWIS, PATRICIA POPE, AKA: PATRICIA

132 Pages·2012·0.71 MB·English

State Witness –
Inv. W.C. Nix, DKDA

No. ________________________
DEKALB COUNTY SUPERIOR COURT

MAY TERM 2012

THE STATE

vs

CRAWFORD LEWIS,
PATRICIA POPE, AKA: PATRICIA REID
and
ANTHONY VINCENT POPE

D0201091-06

Ct. 1: Violation of Racketeer Influenced and Corrupt Organizations Act –
Conducting and Participating in an Enterprise Through a Pattern of Racketeering Activity
(O.C.G.A. § 16-14-4-(b)

Ct. 2: Violation of Racketeer Influenced and Corrupt Organizations Act –
Acquiring Property Through a Pattern of Racketeering Activity
(O.C.G.A. § 16-14-4(a))

Ct. 3: Violation of Racketeer Influenced and Corrupt Organizations Act –
Conspiracy to Participate in an Enterprise Through a Pattern of Racketeering Activity
(O.C.G.A. § 16-14-4 (c))

Ct. 4: Violation of Racketeer Influenced and Corrupt Organizations Act –
Conspiracy to Acquire Property Through a Pattern of Racketeering Activity
(O.C.G.A. § 16-14-4 (c))

Ct 5: Theft By Taking By A Government Employee
(O.C.G.A. § 16-8-2)

Ct 6: Bribery
(O.C.G.A. § 16-10-2)

____________________________________ Bill.

______________________________ Foreperson.
The Defendant, Crawford Lewis, waives copy of the
Indictment, list of witnesses, full panel, formal
arraignment, and pleads
_____________________________.

This the _____ of _____________ 20____.

________________________________________
District Attorney

________________________________________
Defendant's Attorney

________________________________________
Defendant

The Defendant, Patrica Reid, waives copy of the
Indictment, list of witnesses, full panel, formal
arraignment, and pleads
_____________________________.

This the _____ of _____________ 20____.

________________________________________
District Attorney

________________________________________
Defendant's Attorney

________________________________________
Defendant

The Defendant, Anthony Vincent Pope, waives
copy of the Indictment, list of witnesses, full panel,
formal arraignment, and pleads
_____________________________.

This the _____ of _____________ 20____.

________________________________________
District Attorney

________________________________________
Defendant's Attorney

________________________________________
Defendant

2
STATE OF GEORGIA, COUNTY OF DEKALB
BILL OF INDICTMENT
IN THE SUPERIOR COURT OF SAID COUNTY,

The Grand Jurors selected, chosen and sworn for the County of DeKalb to wit:

1. Scott A. G. Lord, Foreperson
2. Thomas F. Adams 15. Britany A. Hayes
3. Thomas W. Baker, Jr. 16. Wyeka Humphrey
4. Joseph Banks 17. Briana Knight
5. Kenneth B. Bonnet 18. Judith Laursen
6. Linda Lesley Brogan 19. Antoinette Y. Lawrence
7. Melanie C. Buch 20. Lee A. Leach
8. Samuel S. Choy 21. Geraldine L. Mitchell
9. Gregory L. Cribb 22. Tommie L. Nichols
10. Angelo L. Curci 23. Michael Perez
11. Bin Dai 24. Amanda B. Rogers
12. Sally Ezra 25. Frederick Strobel
13. Joshua A. Glasser 26. Melissa G. Volk
14. Kari A. Goodfellow

3
COUNT 1 7
PART I - THE NATURE OF THE CASE 8
PART II - DEFINITIONAL SECTION 10
A. Definitions 10
Addition: 10
Agenda Item: 10
Architect of Record: 10
Change Order (C/O): 10
Competitive Sealed Bidding: 11
Competitive Sealed Proposals: 11
Design/Bid/Build: 11
Design/Build: 12
Georgia Competitive Award Statutes: 12
Notice of Award: 12
Public Works Construction: 12
Request For Proposal (RFP): 13
Responsible Bidder or Responsible Offeror: 13
Responsive Bidder or Responsive Offeror: 13
Scope of Work: 13
Special Purpose Local Option Sales Tax (SPLOST): 13
Stated Cost Limitation: 14
B. GA Department of Education Policies 14
DOE Regulation 160.5-4.10(1)(b): Code FED (1) 14
DOE Regulation 160-5-4.11(I)(b): Code FGAD 14
C. DeKalb County School System Policies and Regulations 15
DCSD Purchasing Policy: DJE 15
DCSD Policy: EGD 16
DCSD Facilities Projects Contracts Regulation: FGD-R 17
PART III - THE ENTERPRISE 18
PART IV - THE DEFENDANTS 19
PART V – THE SCHEME 21
A. Background 21
1. General 21
2. Employment of PAT POPE as CFO of A. VINCENT POPE & ASSOCIATES, INC. 23
3. Employment of PAT POPE as COO of DCSD 24
B. Acts Involving Fraud 25
1. Background 25
2. Construction Projects 26
a. COLUMBIA HIGH SCHOOL Project 27
1. Background 27
2. Fraud via Change Order #2 signed by CRAWFORD LEWIS and PAT POPE 27
3. Fraud via Change Order #3 signed by CRAWFORD LEWIS and PAT POPE 30
4. Fraud via “Extension” in Change Order #7 signed by LEWIS and PAT POPE 31
5. Fraud via Deferred SPLOST II Contract Award signed by CRAWFORD LEWIS
and PAT POPE 33
6. Fraud via “Addendum #1” signed by CRAWFORD LEWIS and PAT POPE 35
7. Fraud via “Addendum #2” signed by CRAWFORD LEWIS and PAT POPE 37
8. Fraud via Errors and Omissions 37
b. MCNAIR CLUSTER ELEMENTARY Project 40
1. Background and Overview 40
2. Termination of the Architect 41
3. PAT POPE changes the Criteria 42
4. PAT POPE holds Improper BAFO Meeting 45
5. PAT POPE Manipulates Scoring of Offerors 46
6. Money to TONY POPE 47
7. Concealment of TONY POPE ’s participation in the McNair Project 47
8. TONY POPE’s Post-Award Efforts to Conceal His Participation 51
c. MOUNTAIN INDUSTRIAL CENTER (MIC) Project 52
4
1. Background 52
2. PAT POPE fires the Architect of Record 52
3. Advertising One Scope of Work 53
4. PAT POPE limits Scope of Work 55
5. PAT POPE’s misrepresentation to the Board of Education 55
6. Fraudulent Creation of “MIC II” 56
7. Misrepresentation to DCSD Counsel 57
8. Misrepresentation to DCSD Board 57
d. ARABIA MOUNTAIN HIGH SCHOOL Project 59
1. Background 59
2. Forged tally sheets 59
3. Bribery of CRAWFORD LEWIS and PAT POPE 60
3. OTHER ACTS of FRAUD 62
a. Benefit to PAT POPE – Commingling of funds 62
b. CRAWFORD LEWIS and PAT POPE solicit bribes 62
c. Illegal Car Purchases 64
1. CRAWFORD LEWIS 64
2. PAT POPE 65
d. Improper Use of DCSD Purchasing Card 66
1. Theft: CRAWFORD LEWIS pays for personal vacation 66
2. Theft: CRAWFORD LEWIS pays for unauthorized personal activities 66
C. LEWIS’ knowledge and facilitation of criminal activities 67
1. LEWIS’ knowledge of PAT POPE’s illegal actions 67
2. LEWIS’ knowledge and facilitation of PAT POPE’s illegal actions 68
D. LEWIS’ acts sabotaging and hindering the Criminal Investigation 71
1. CRAWFORD LEWIS appoints the target of the investigation, PAT POPE, to respond to
District Attorney’s subpoenas 71
2. CRAWFORD LEWIS gives False Statements 73
3. CRAWFORD LEWIS attempts to stop the District Attorney’s Office criminal investigation 74
PART VI - ACTS OF RACKETEERING ACTIVITY 76
A. COLUMBIA HIGH SCHOOL 76
1. PAT POPE 76
a. Theft by Taking, O.C.G.A. §16-8-2 76
b. Acts Involving Theft 77
c. False Statements, O.C.G.A. §16-10-20 79
d. Mail Fraud, 18 U.S.C. §1341 80
e. Theft under 18 U.S.C. §666 81
2. TONY POPE 82
a. Theft by Taking, O.C.G.A. §16-8-2 82
b. Acts Involving Theft 83
3. CRAWFORD LEWIS 84
a. Thefts and Acts Involving Theft 84
b. Theft under 18 U.S.C. §666 85
B. MCNAIR ELEMENTARY SCHOOL 86
1. PAT POPE 86
a. Theft by Taking, O.C.G.A. §16-8-2 86
b. Acts Involving Theft 87
c. Mail Fraud, 18 U.S.C. §1341 88
d. Theft under 18 U.S.C. §666 89
2. TONY POPE 90
a. Theft by Taking, O.C.G.A. §16-8-2 90
b. Acts Involving Theft 91
c. Wire Fraud, 18 U.S.C. §1343 92
3. CRAWFORD LEWIS 95
a. Theft by Taking, O.C.G.A. §16-8-2 95
C. MOUNTAIN INDUSTRIAL CENTER 96
1. PAT POPE 96
a. Theft by Taking, O.C.G.A. §16-8-2 96
b. Acts Involving Theft 97
c. Theft under 18 U.S.C. §666 98
2. TONY POPE 99
5
a. Theft by Taking, O.C.G.A. §16-8-2 99
b. Acts Involving Theft 100
3. CRAWFORD LEWIS 101
a. Acts Involving Theft 101
b. Theft under 18 U.S.C. §666 102
D. ARABIA MOUNTAIN HIGH SCHOOL 103
1. PAT POPE 103
a. Forgery – First Degree, O.C.G.A. §16-9-1 103
b. False Statements and Writings, O.C.G.A. §16-10-20 104
c. Bribery, O.C.G.A. §16-10-2 105
d. Bribery under 18 U.S.C. §666 106
2. CRAWFORD LEWIS 107
a. Bribery, O.C.G.A. §16-10-2 107
b. Bribery under 18 U.S.C. §666 108
E. OTHER CRIMINAL ACTS 109
1. CRAWFORD LEWIS 109
a. Acts Involving to Theft 109
b. False Statements, O.C.G.A. §16-10-20 110
c. Bribery, O.C.G.A. §16-10-2 111
d. Bribery under 18 U.S.C. §666 112
e. Influencing a Witness, O.C.G.A. §16-10-93 113
f. Influencing a Witness, O.C.G.A. §16-10-93 114
g. Tampering with Evidence, O.C.G.A. §16-10-94 115
2. PAT POPE 117
a. Acts Relating to Theft 117
b. Bribery, O.C.G.A. §16-10-2 118
c. Bribery under 18 U.S.C. §666 119
d. Influencing a Witness, O.C.G.A. §16-10-93 120
e. Tampering with Evidence, O.C.G.A. §16-10-94 122
3. TONY POPE 124
a. Tampering with Evidence, O.C.G.A. §16-10-94 124
COUNT 2 125
COUNT 3 126
COUNT 4 127
COUNT 5 128
COUNT 6 129
EXHIBIT LIST 130
6
COUNT 1

The GRAND JURORS aforesaid, in the name of and on behalf of the citizens of the State
of Georgia, charge and accuse

CRAWFORD LEWIS,
PATRICIA REID, a/k/a PAT POPE, and
ANTHONY VINCENT POPE a/k/a TONY POPE,

individually and as parties concerned in the commission of a crime, with the offense
of

VIOLATION OF RACKETEER INFLUENCED AND CORRUPT
ORGANIZATIONS ACT ~ CONDUCTING AND PARTICIPATING IN AN
ENTERPRISE THROUGH A PATTERN OF RACKETEERING ACTIVITY,

in violation of O.C.G.A. 16-14-4(b), for the said accused persons, in the County of
DeKalb and State of Georgia, between the 10th day of October, 2005, and the 5th day
of May, 2010, did unlawfully conduct and participate in the enterprise alleged below
through the pattern of racketeering activity, as more particularly described below,

contrary to the laws of said State, the good order, peace and dignity thereof.

DEKALB SUPERIOR COURT
ROBERT D. JAMES, District Attorney

7
Part I - The Nature Of The Case
The DeKalb County School District (hereinafter DCSD) operates public schools
in areas of DeKalb County that are not within the city limits of Atlanta or Decatur. DCSD
has approximately 100,000 students, 140 schools, 13,000 full-time employees and an
annual budget which exceeds $700 million dollars ($700,000,000.00).
CRAWFORD LEWIS was in charge of DCSD for over five years. During this
time, he abused his position for his own personal gain and the benefit of his friends, his
family, and his lover. Additionally, LEWIS used his public office for illegal private gain;
concealed waste, fraud, abuse and corruption to appropriate authorities. Rather than
operating in the best interests of DeKalb County's children, CRAWFORD LEWIS,
PAT POPE, and TONY POPE, stole or facilitated the theft of millions of dollars,
performed or approved payment for sub-standard work, blocked legitimate contractors
from receiving or completing contracts, and manipulated projects to meet their own
unlawful objectives.
CRAWFORD LEWIS and his Chief Operations Officer, PATRICIA REID,
a/k/a PAT POPE manipulated and inappropriately funneled contracts to Mrs. Pope’s
husband and to contractors from whom they received illegal benefits. In so doing, the
PAT POPE and TONY POPE went from near bankruptcy to substantial wealth in just a
few years. This illegal conduct, allowed CRAWFORD LEWIS to maintain a lifestyle
beyond what he could afford.
The defendants' racketeering activity primarily concentrated on the manipulation
of bidding, contracting and payment processes concerning the following DCSD
construction projects: Columbia High School, McNair Cluster Elementary School,
8
Mountain Industrial Center, and Arabia Mountain High School. This activity enabled
TONY POPE to obtain payments in connection with projects on which he was not
eligible to work due to conflicts of interest that, in part, flowed from his then-marriage to
and business relationship with DCSD's Chief Operations Officer PAT POPE. In order to
get millions of dollars to TONY POPE, and through him to PAT POPE, which neither
of them could lawfully receive, the defendants falsified documents, authorized illegal
payments, misrepresented material facts to the DeKalb County Board of Education
(hereinafter Board), concealed material facts from the Board, and manipulated various
aspects of the bidding, contracting and payment processes for these projects.
CRAWFORD LEWIS and PAT POPE also engaged in racketeering activity
that included obtaining payments for improper and fraudulent travel, lodging, and bribery
from architects and contractors.
Soon after the District Attorney commenced an investigation into the defendants'
misconduct, the defendants expanded the scope of their racketeering activity to include
tampering with evidence, influencing witnesses, and giving false statements to
investigators. Further, no later than 2008, with full knowledge of their criminal activities,
CRAWFORD LEWIS facilitated the ongoing criminal activities of PAT POPE and
TONY POPE with DCSD resources by
o attempting to use DCSD inside and outside counsel to shield PAT POPE’s illegal
actions;
o shortly thereafter, giving PAT POPE a pay raise;
o using DCSD monies to pay a personal legal bill for TONY POPE.

In order to avoid confusion and because terms related to construction law are used
throughout the indictment, a Definitions section is included below.
9
PART II - Definitional Section

A. Definitions

Addition:
The square footage of room floor space for instructional or other purposes added
to an existing educational facility, whether physically connected thereto or a
separate structure located on the same site.

Agenda Item:
The official document used to secure a presentation slot at a DCSD Board of
Education meeting and which provides pertinent information about the request to
be made to the Board.

Architect of Record:
The architect in charge of all aspects of architectural and engineering services and
who provides the seal and certification on all drawings, plans and payment
applications during the course of a project.

Change Order (C/O):
10