The Defendants Received 22 Years, 10 Years and Five Years in
Prison Respectively
A former civilian employee and a former contractor of the
Marine Corps Logistics Base (MCLB) in Albany, Georgia, as well as one outside
contractor were sentenced today to prison terms for bribery and fraud arising
from their handling of military trucking contracts and theft of surplus
military equipment.
Assistant Attorney General Leslie R. Caldwell of the Justice
Department’s Criminal Division and U.S. Attorney Michael J. Moore of the Middle
District of Georgia made the announcement.
Christopher Whitman, 48, of Sylvester, Georgia, co-owner of
United Logistics, an Albany-based trucking company and freight transportation
broker, was sentenced to 22 years in prison for his conviction of 43 counts of
honest services wire fraud, five counts of bribery, five counts of obstructing
justice and one count of theft of government property. Shawn McCarty, 36, of Albany, Georgia, a
former employee at the MCLB-Albany, was sentenced to 10 years in prison for his
conviction of 15 counts of honest services wire fraud, one count of bribery and
one count of obstructing justice.
Bradford Newell, 43, of Sylvester, a former contractor at the
MCLB-Albany, was sentenced to five years in prison for his conviction of 13 counts
of honest services wire fraud, one count of bribery, and one count of theft of
government property. All three were
found guilty by a jury in the Middle District of Georgia on March 3, 2015,
following a five-week trial.
In addition to imposing the prison terms, the court ordered
each defendant to forfeit assets reflecting losses to the government
attributable to the bribery and fraud schemes.
Whitman was ordered to forfeit $18,860,313.75; McCarty was ordered to
forfeit $15,410,151.55; and Newell was ordered to forfeit $513,600. Whitman was specifically ordered to surrender
assets derived from the schemes, including more than 100 parcels of real
property, several boats and vehicles, and rental income estimated to be worth
more than $14 million.
According to the evidence presented at trial, between 2008
and 2012, Whitman paid more than $800,000 in bribes to three former officials
of the Defense Logistics Agency (DLA) at the MCLB-Albany, including McCarty, to
obtain commercial trucking contracts from the base. The evidence showed that contracts included
unnecessary costly provisions, such as expedited service, expensive trailers
and exclusive use (i.e., a requirement that freight be shipped separately from
other equipment). Evidence presented at
trial and in a post-trial forfeiture hearing established that Whitman’s company
grossed more than $37 million, and resulted in government losses and an
improper benefit to Whitman of more than $20 million.
The evidence further demonstrated that Whitman paid nearly
$200,000 in bribes to Newell and the former inventory control manager of the
Distribution Management Center at MCLB-Albany, both of whom used their official
positions to help Whitman steal from the base more than $1 million in surplus
military equipment, including bulldozers, cranes and front-end loaders. According to the trial evidence, in exchange
for the bribe payments, Newell and the inventory control manager removed the
surplus items from Marine Corps inventory and arranged to have them transported
off the base by Whitman’s company. The
evidence showed that, after having the equipment refurbished, Whitman sold it
to private purchasers.
Five other individuals have pleaded guilty to their roles in
the corruption and fraud schemes. In
October 2013, Kelli Durham, the former manager of Whitman’s company, pleaded
guilty to conspiracy to commit wire fraud, admitting to intentionally
overbilling the United States for services the company did not perform,
resulting in losses ranging from $7 million to $20 million. In May 2013, Mitchell Potts and Jeffrey
Philpot pleaded guilty to bribery for collectively accepting more than $700,000
in bribes from Whitman. In February
2013, Shelby Janes pleaded guilty to bribery for receiving nearly $100,000 in
bribes from Whitman. These defendants
have not yet been sentenced. In February
2014, C.W. Smith, a Whitman associate who helped arrange the sale of the
surplus military equipment Whitman stole from the base, pleaded guilty to theft
of government property.
The case was investigated by the Naval Criminal
Investigative Service, with assistance from the Dougherty County, Georgia,
District Attorney’s Office; Defense Criminal Investigative Service; DLA Office
of the Inspector General; and the Department of Labor Office of the Inspector
General. The case is being prosecuted by
Deputy Chief J.P. Cooney and Trial Attorney Richard B. Evans of the Criminal
Division’s Public Integrity Section and Assistant U.S. Attorney K. Alan Dasher
of the Middle District of Georgia. The
forfeiture is being handled by Assistant Deputy Chief Darrin McCullough of the
Asset Forfeiture and Money Laundering Section and the U.S. Attorney’s Office of
the Middle District of Georgia.
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