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Georgia district attorney indicted for fraud and theft

A Georgia district attorney, his wife and a top assistant were indicted this week in Banks County, Georgia for theft, fraud and violating the oath of office. According to the indictment, the district attorney used his influence to get additional salary money for one of his assistants. The money was then allegedly split up between him and his assistant. The D.A. is also charged with getting his wife paid an additional salary that was not properly authorized. The indictment did not specify exactly how much money was allegedly taken.

An article discussing the indictment and the criminal charges was in the Gainesville Times (the Gainesville, Georgia newspaper). Another article was in the Athens Banner-Herald (the local Athens, Georgia newspaper), and a summary was in the Atlanta Journal-Constitution.

Before his resignation earlier this year, District Attorney Madison was the chief prosecutor for the Piedmont Judicial Circuit for 25 years. Because the local judges have worked with this D.A. for many years, a senior superior court judge from Dekalb County, Georgia will handle the trial. The case is being prosecuted by the Georgia Attorney General’s office and the Georgia Bureau of Investigation. This is the first prosecution of an elected district attorney by the Georgia Attorney General in 15 years.

In addition to fraud and theft charges, the indictment also alleges that Madison and his assistant violated their oath of office. In Georgia, public officials take oaths to uphold Georgia law. Of course, that would also include a prohibition against violating Georgia law. The applicable statute is in the Georgia code (16-10-1) and is a felony offense. The statute provides that “any public officer who willfully and intentionally violates the terms of his oath as prescribed by law shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.”

Our firm has handled many cases of public corruption in Georgia. I have represented a former prosecutor, several police officers and even a judge on similar charges. Defending these cases can be difficult because of the public perception of elected officials. It’s more like guilty until proven innocent, especially where the media coverage has been extensive.

Click the link below for a copy of the complete grand jury indictment.


COUNT ONE

The citizens of the State of Georgia charge and accuse TIMOTHY G. MADISON and ANTHONY BRETT WILLIAMS with the offense of THEFT BY TAKING in violation of O.C.G.A. § 16-8-2 in that the said accused, in the State of Georgia and County of Banks, between March 18, 2005, and November 11, 2005, did unlawfully take U.S. Currency, the property of Banks County, Georgia, in an amount greater than $500.00, with the intention of depriving the owner of said property, contrary to the laws of said State, the good order, peace and dignity thereof.

Said U.S. Currency is further described as the salary paid by Banks County, Georgia, to or on behalf of Brett Williams on and between the above dates.

COUNT TWO

The Grand Jurors aforesaid, in the name and behalf of the citizens of the State of Georgia, further charge and accuse TIMOTHY G. MADISON and ANTHONY BRETT WILLIAMS with the offense of THEFT BY RECEIVING STOLEN PROPERTY in violation of O.C.G.A. § 16-8-7 in that the said accused, in the State of Georgia and County of Banks, between March 18, 2005, and November 11, 2005, did unlawfully receive U.S. Currency, the property of Banks County, Georgia, in an amount greater than $500.00, property which accused knew and should have known was stolen, said property not having been received with intent to restore it to the owner, contrary to the laws of said State, the good order, peace and dignity thereof.

Said U.S. Currency is further described as the salary paid by Banks County, Georgia, to or on behalf of Brett Williams on and between the above dates.

COUNT THREE

The Grand Jurors aforesaid, in the name and behalf of the citizens of the State of Georgia, further charge and accuse TIMOTHY G. MADISON with the offense of VIOLATION OF OATH BY PUBLIC OFFICER in violation of O.C.G.A. § 16-10-1 in that the said accused, in the State of Georgia and County of Banks, between March 18, 2005, and November 11, 2005, having been duly administered the oath of district attorney as prescribed by law (attached hereto as Exhibit A and incorporated herein by reference as if fully set forth), did willfully and intentionally violate the terms of his oath in that he did take funds other than his lawful compensation, contrary to the laws of said State, the good order, peace and dignity thereof.

COUNT FOUR

The Grand Jurors aforesaid, in the name and behalf of the citizens of the State of Georgia, further charge and accuse ANTHONY BRETT WILLIAMS with the offense of VIOLATION OF OATH BY PUBLIC OFFICER in violation of O.C.G.A. § 16-10-1 in that the said accused, in the State of Georgia and County of Banks, between March 18, 2005, and November 11, 2005, having been duly administered the oath of assistant district attorney as prescribed by law (attached hereto as Exhibit B and incorporated herein by reference as if fully set forth), did willfully and intentionally violate the terms of his oath in that he did take funds other than his lawful compensation, contrary to the laws of said State, the good order, peace and dignity thereof.

COUNT FIVE

The Grand Jurors aforesaid, in the name and behalf of the citizens of the State of Georgia, further charge and accuse TIMOTHY G. MADISON and LINN MADISON, AKA LINN JONES, with the offense of FALSE STATEMENTS AND WRITINGS in violation of O.C.G.A. § 16-10-20 in that the said accused, in the State of Georgia and County of Banks, on or about July 3, 2005, did knowingly and willfully use a false document, to wit: a Banks County time sheet for Linn Jones for the time period of June 20, 2005, to July 3, 2005, knowing the same to contain a false, fictitious and fraudulent statement and entry, in a matter within the jurisdiction of Banks County, Georgia, contrary to the laws of said State, the good order, peace and dignity thereof.

Said statement contained a false, fictitious and fraudulent statement and entry in that it indicated that Linn Jones worked on June 25, 2005, from 10:00 a.m. to 2:00 p.m., and on June 27, 2005, from 8:00 a.m. to 12:00 p.m., when she did not in fact work those hours.

COUNT SIX

The Grand Jurors aforesaid, in the name and behalf of the citizens of the State of Georgia, further charge and accuse TIMOTHY G. MADISON and LINN MADISON, AKA LINN JONES, with the offense of FALSE STATEMENTS AND WRITINGS in violation of O.C.G.A. § 16-10-20 in that the said accused, in the State of Georgia and County of Banks, on or about March 12, 2006, did knowingly and willfully use a false document, to wit: a Banks County time sheet for Linn Jones for the time period of February 27, 2006, to March 12, 2006, knowing the same to contain a false, fictitious and fraudulent statement and entry, in a matter within the jurisdiction of Banks County, Georgia, contrary to the laws of said State, the good order, peace and dignity thereof.

Said statement contained a false, fictitious and fraudulent statement and entry in that it indicated that Linn Jones worked on March 9, 2006, from 4:00 p.m. to 7:00 p.m., when she did not in fact work those hours.

COUNT SEVEN

The Grand Jurors aforesaid, in the name and behalf of the citizens of the State of Georgia, further charge and accuse TIMOTHY G. MADISON and LINN MADISON, AKA LINN JONES, with the offense of FALSE STATEMENTS AND WRITINGS in violation of O.C.G.A. § 16-10-20 in that the said accused, in the State of Georgia and County of Banks, on or about July 16, 2006, did knowingly and willfully use a false document, to wit: a Banks County time sheet for Linn Jones for the time period of July 3, 2006, to July 16, 2006, knowing the same to contain a false, fictitious and fraudulent statement and entry, in a matter within the jurisdiction of Banks County, Georgia, contrary to the laws of said State, the good order, peace and dignity thereof.

Said statement contained a false, fictitious and fraudulent statement and entry in that it indicated that Linn Jones worked on July 13, 2006, from 1:00 p.m. to 6:00 p.m., when she did not in fact work those hours.

COUNT EIGHT

The Grand Jurors aforesaid, in the name and behalf of the citizens of the State of Georgia, further charge and accuse TIMOTHY G. MADISON and LINN MADISON, AKA LINN JONES, with the offense of FALSE STATEMENTS AND WRITINGS in violation of O.C.G.A. § 16-10-20 in that the said accused, in the State of Georgia and County of Banks, on or about August 13, 2006, did knowingly and willfully use a false document, to wit: a Banks County time sheet for Linn Jones for the time period of July 31, 2006, to August 13, 2006, knowing the same to contain a false, fictitious and fraudulent statement and entry, in a matter within the jurisdiction of Banks County, Georgia, contrary to the laws of said State, the good order, peace and dignity thereof. Said statement contained a false, fictitious and fraudulent statement and entry in that it indicated that Linn Jones worked on August 4, 2006, from 4:00 p.m. to 8:00 p.m. and on August 5, 2006 from 10:00 a.m. to 3:00 p.m., when she did not in fact work those hours.

COUNT NINE

The Grand Jurors aforesaid, in the name and behalf of the citizens of the State of Georgia, further charge and accuse TIMOTHY G. MADISON and LINN MADISON, AKA LINN JONES, with the offense of CONSPIRACY TO DEFRAUD A POLITICAL SUBDIVISION in violation of O.C.G.A. § 16-10-21 in that the said accused, in the State of Georgia and County of Banks, between March 10, 2005, and December 3, 2006, conspired and agreed with one another to commit theft of U.S. Currency which belonged to a political subdivision, to wit: Banks County, Georgia, contrary to the laws of said State, the good order, peace and dignity thereof.

Said accused conspired and agreed to place LINN MADISON, AKA LINN JONES, on the Banks County, Georgia, payroll as a pre-trial diversion/victim’s assistance program employee and to submit time sheets to Banks County, Georgia, for hours LINN MADISON, AKA LINN JONES, did not work. Said U.S. Currency is further described as the salary paid by Banks County, Georgia, to or on behalf of LINN MADISON, AKA LINN JONES, on and between the above dates. At least one overt act was performed in furtherance of the conspiracy, to wit: on March 10, 2005, TIMOTHY G. MADISON requested in writing that Banks County, Georgia, place Linn Jones on the Banks County, Georgia, payroll. Additional overt acts include, but are not limited to, counts five through eight of this indictment which are incorporated herein by reference as if fully set forth.