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Former DeKalb commissioner Boyer pleads guilty to wire, mail fraud
by Christine Fonville
September 04, 2014 01:59 PM | 3659 views | 0 0 comments | 5 5 recommendations | email to a friend | print
Former DeKalb County District 1 Commissioner Elaine Boyer pled guilty to wire fraud and mail fraud at a court hearing Sept. 3 where she confirmed that with the aid of an unnamed advisor, she stole about $90,000 of taxpayer money.

At the hearing, U.S District Court Judge Orinda Evans asked Boyer, who resigned from her position in August, a number of questions about the alleged fraud before she accepted Boyer’s guilty plea.

“Is it correct that you hired an advisor to assist you with government duties who used a scheme involving false invoices to funnel about $78,000 into your personal accounts?” Evans asked, to which Boyer replied “yes.”

According to documents presented to Evans, records showed Boyer kept about $58,000, or 75 percent, of the $78,000 total stolen using the invoice scheme while her advisor pocketed the remaining 20 percent.

When asked if she knew these actions were wrong and a means used to cheat the county, Boyer replied “yes.”

The second charge against Boyer came from her misuse of a county-issued credit card, known as a P-card, to pay for personal expenses such as airline tickets.

The misused funds on the P-card included about 50 personal purchases made between 2010 to 2014 and totaled about $15,000.

Although Boyer said she did not remember signing an agreement in January that she would not use the credit card for personal purchases in earlier interviews to various media outlets, at the hearing last week Boyer said she knew making personal purchases with the card was wrong and in violation of the agreement.

Boyer signed a plea agreement to cooperate with the government with the hope that a reduction in her sentencing might be considered, but each of the mail and wire fraud counts can have a maximum prison sentence of 20 years, $250,000 in fines and a maximum three years of supervision upon release.

“Both sides are making certain recommendations for sentencing that I will consider but do not have to accept,” said Evans, who also said it appears that restitution will be a part of Boyer’s sentencing.

Before accepting Boyer’s guilty plea, her court-appointed attorney, Jeff Brickman, said Boyer had reimbursed most, if not all, of the money she misused from her P-card back to the county and said a $200 special assessment fee required at the hearing had been paid.

After the guilty plea was accepted, Boyer was seen crying and hugging family members and friends.

She declined speaking with the media after the hearing.

Evans said after reading a pre-sentencing report and considering recommendations, Boyer will be sentenced Dec. 3.

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