Press Release
FOR IMMEDIATE RELEASE
Date: January 19, 2007
Contact : Sue McKinney
JOHN JOHNSON, JR. GUILTY VERDICT
Maxwell Wood, United States Attorney for the Middle District of Georgia, announced today that JOHN JOHNSON, JR, age 63, a resident of Albany, Georgia, was convicted of violating Title 38 United States Code, Section 6101, Misappropriation by a Fiduciary, following a jury trial before the Honorable W. Louis Sands, Judge of the United States District Court for the Middle District of Georgia.
The Defendant's father, John H. Johnson, Sr., who is now deceased, was an 82 year old veteran who received benefits under the laws administered by the Secretary of Veterans Affairs ("the V.A."). The V.A. determined that due to suffering fiom Alzheimer's disease, Mr. Johnson, Sr. was incompetent to manage his own funds. Mr. Johnson's son, the Defendant, John H. Johnson, Jr., signed a "Fiduciary Agreement" wherein he agreed to serve as his father's legal custodian and to use all money paid by the V.A. for his father's benefit. The Defendant established a custodial account at Albany Bank and Trust into which his father's benefits were to be deposited and thereafter used for the benefit of his father.
During 2004 the V.A. paid benefits by means of checks and electronic deposits to the custodial account, of approximately $14,922.53. The Defendant had possession and control of this money by virtue of his serving as his father's legal custodian pursuant to the Fiduciary Agreement. The Defendant failed to use the money for his father's benefit and instead converted it to his own use by withdrawing the vast majority of it in cash, either by cash withdrawals or by means of checks made payable to cash.
Sentencing of Mr. Johnson will be scheduled at the discretion of the Court. He faces a possible sentence of five years imprisonment, a fine of $250,000.00 and three years supervised release. There is no parole in the federal system. The investigation was conducted by Agents of the Veteran's Affairs and the Dougherty County Sheriffs Office. Assistant United States Attorney Alan Dasher prosecuted the case.
Inquiries regarding the case should be directed to Ms. Sue McKinney, Public Affairs Specialist, United States Attorney's Office at (478) 621-2602.
