TENNESSEE STATE SENATOR CHARGED WITH THEFT OF GOVERNMENT FUNDS

According to various news reports, earlier this week, Tennessee State Senator Katrina Robinson was indicted by a federal grand jury for allegedly embezzling $600,000 in federal funds from a healthcare institute she operated.  According to a criminal complaint filed by a Memphis U.S. Attorney, Ms. Robinson improperly spent federal funds on numerous personal things, including a wedding, a divorce, and a vacation.

As a former federal prosecutor in Augusta, Georgia, I once handled many prosecutions like this one involving embezzlement of government funds.  One oddity I would note about this case is that, generally, when I prosecuted, I didn't first obtain a complaint and then indict.  I simply obtained an indictment.  In this case, it appears the prosecutor filed a complaint first, and then obtained an indictment.  Was this done in order to get juicy details about the facts of the case out into the public arena?  Maybe not.

Of course, every defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.

 

Michigan Supreme Court Justice Accused of Mortgage Fraud

Lady Justice depiction from wikipedia]

I was a federal prosecutor in Augusta, Georgia for over 20 years. I thought I saw a little bit of everything! But I never saw a criminal charge brought against a judge. But that is exactly what happened on friday in the State of Michigan.

According to various news reports, a criminal information has been filed in federal court against Michigan Supreme Court Justice Diane Hathaway. Justice Hathaway is reportedly accused of mortgage fraud based upon alleged steps she took to conceal property she owned in Florida in connection with the sale of a Detroit home. 

In federal court, an "information" is simply the word which refers to the formal accusation, or the charging document, filed by an Assistant U.S. Attorney, in a criminal case. Generally, the government must obtain a grand jury indictment, in felony cases, unless the defendant is willing to waive it. If he or she waives the grand jury process, then the federal prosecutor is authorized to simply file the information, or accusation, to begin the criminal court process.

I thought that criminal charges being brought against a judge were unheard of. But then, I googled the keywords "criminal charge against judge" and got a long list of such cases.

So, maybe I didn't see "everything" after all, while working as a federal prosecutor!