Craig S. Morford
United States Attorney
Eli J. Richardson
Assistant U.S. Attorney
(615) 736-2124
FORMER SUMNER COUNTY SHERIFF J.D. VANDERCOOK
PLEADS GUILTY TO WIRE FRAUD CHARGE
February 20, 2007, Nashville, Tennessee – J.D. Vandercook, the former Sheriff of Sumner County, Tennessee, has pled guilty to a wire fraud charge based on a scheme to secretly funnel Sumner County funds to his brother, announced Craig S. Morford, the United States Attorney for the Middle District of Tennessee, My Harrison, Special Agent in Charge (SAC) of the Memphis Division of the Federal Bureau of Investigation (FBI), and Mark Gwyn, Director of the Tennessee Bureau of Investigation (TBI).
Sheriff Vandercook pled guilty in Nashville today before Chief United States District Judge Todd Campbell. Judge Campbell scheduled his sentencing hearing for May 21, 2007.
According to facts set forth in the indictment and admitted by Sheriff Vandercook at his guilty plea hearing, Vandercook and his brother, Jerry Vandercook (collectively, “the Vandercooks”) schemed to defraud the government and people of Sumner County of the intangible right of the honest services of Sheriff Vandercook and obtain money and property by false representations.
As part of the scheme, Sheriff Vandercook used his control over the Sumner County Sheriff’s Department (SCSD) to hire his brother Jerry Vandercook to build a maintenance garage for SCSD on Odoms Bend Road in Gallatin, Tennessee (hereinafter, the “building project”), in exchange for Jerry Vandercook receiving payment from SCSD funds. As further part of the scheme, the Vandercooks conceived and executed a plot to conceal the fact that Sheriff Vandercook had hired his brother, Jerry Vandercook.
As part of the plot of concealment, the Vandercooks agreed that they would make it appear that an unnamed individual (“Individual A”), who did business as a sole proprietorship under an unnamed company name had been hired instead of Jerry Vandercook to perform the building project. Jerry Vandercook obtained letterhead of Individual A’s company from Individual A. On that company letterhead, the Vandercooks created a document, purportedly from Individual A, requesting a $48,000 advance payment in connection with the building project.
On or about February 17, 2005, Sheriff Vandercook caused another SCSD employee to send a fax from Gallatin, Tennessee to a telephone company in Mobile, Alabama, which fax included the $48,000 advance request and a cover sheet requesting that a $48,000.00 check be released from an escrow account to Individual A’s company. The telephone company held funds in the escrow account for SCSD’s benefit; the telephone company deposited funds into the escrow account in return for the right to provide the inmate telephone service at Sumner County jail. Individual A subsequently received by mail, from the telephone company, a $48,000 check drawn on the escrow account and payable to Individual A’s company. At Jerry Vandercook’s instruction, Individual A deposited the check into Individual A’s bank account in Sumner County on or about March 11, 2005, then wrote Jerry Vandercook a $48,000 check dated March 14, 2005 and gave the check to him.
Additionally, the Vandercooks caused to be prepared, on purported company letterhead, a document dated April 12, 2005, which bore a forged signature of Individual A and set forth a purported itemization of building project expenses totaling $25,569.78. Then, using the $25,569.78 request as justification, Sheriff Vandercook caused a check for $25,569.78, drawn on SCSD funds, to be made payable to Individual A’s company and delivered to Individual A. At Jerry Vandercook’s instruction, Individual A deposited the $25,569.78 check into Individual A’s bank account on or about April 12, kept $1,000 of the deposited $25,569.78, and wrote Jerry Vandercook a check for the remaining $24,469.78.
The Vandercooks plotted to conceal the existence of their scheme, in various additional ways. In about late May 2005, the Vandercooks met with Individual A and provided him with a cover story, instructing Individual A to claim, if asked, that the building project had been awarded originally to Individual A, and that Individual A in turn had subcontracted the work to Jerry Vandercook after Individual A was forced to travel out of state due to a medical problem of a family member. During litigation brought by a local newspaper seeking access to SCSD records regarding the building project, Sheriff Vandercook testified in Sumner County Chancery Court, and lied by substantially repeating the false cover story.
Also, during a meeting of the Sumner County Finance Committee on or about November 7, 2005, Sheriff Vandercook lied by stating that he was trying to be as honest as he could, then substantially repeated the false cover story, adding that his brother “did not make a dime off of it that I know of.”
In addition, Sheriff Vandercook made knowingly false statements to employees of the Tennessee’s Comptroller of the Treasury, in connection with a review of certain affairs of SCSD conducted by the Comptroller during the summer of 2005. Among the false statements were statements substantially to the effect that: (1) Sheriff Vandercook spoke with two contractors, not including Jerry Vandercook, about the possibility of performing the building project; (2) one of the contractors advised that he was not willing to bid on the building project because he had no idea of the value of inmate labor, while Individual A’s company agreed to use inmate labor to construct the maintenance building; (3) Sheriff Vandercook chose Individual A’s company to perform the building project; and (4) Jerry Vandercook took over supervision of the building project from Individual A after Individual A had to leave the state for an extended period.
“Law enforcement officers must be held to the highest possible standards,” said U.S. Attorney Craig Morford. “The public entrusts us to enforce the laws fairly and to conduct our affairs in an open, honest and impartial manner. It also expects us to put the public good ahead of our own self-interests. Sheriff Vandercook has pled guilty to violating the public’s trust. And while it is sad to see a career public servant end his career in this matter, it is important that everyone understand that no one is above the law, especially those tasked with enforcing the law.”
Sheriff Vandercook and Jerry Vandercook were indicted separately in connection with these events last March. The indictment against Jerry Vandercook remains pending, and his trial is currently set for April 3, 2007. The public is reminded that the indictment against Jerry Vandercook contains allegations only and is not evidence of guilt. Evidence and statements adduced during the proceedings against Sheriff Vandercook do not constitute evidence against Jerry Vandercook. Jerry Vandercook is presumed innocent and is entitled to a jury trial at which the Government would bear the burden of proving his guilt on the charged crimes beyond a reasonable doubt.
The investigation was initiated by the FBI and is being conducted jointly by the FBI and the TBI. The United States is being represented by Assistant United States Attorneys Eli J. Richardson and Paul M. O’Brien.