Louisiana: Sentencing date set in fraud case

ALEXANDRIA, La. (AP) -- A federal prosecutor is asking U.S. District Judge Dee Drell to give lesser sentences than are called for in federal sentencing guidelines to four town of Ball officials who cooperated in a disaster-fraud investigation involving former Mayor Roy Hebron, who pleaded guilty in February. In motions filed Friday, Assistant U.S. Attorney Cytheria Jernigan asks Drell for leniency in sentencing former Ball Police Chief Jay Barber, police Officer Clay Akins and former police employees Judy Marie Crowe and LaVerne James because of their help in the investigation. Three of the four, along with Hebron and former Town Clerk Brenda Kimball, pleaded guilty earlier this year to various charges of fraud for overbilling the Federal Emergency Management Agency after Hurricane Gustav in 2008. James pleaded guilty in November 2009. All six are scheduled to be sentenced May 6 in U.S. District Court in Alexandria. "Jay Barber has provided substantial assistance in the investigation of others who were involved in the charged offenses," Jernigan wrote, using similar language in motions for the four she said cooperated with prosecutors. "As a result of the defendant's cooperation, the government learned of additional areas of fraud in the reimbursement claim prepared by (Barber's) co-conspirators and submitted to FEMA," Jernigan wrote. Jernigan said federal guidelines call for Barber and Crowe to each be handed a prison sentence in the range of 10 to 16 months; Akins six to 12 months; and James up to six months. She asks Drell in motions to sentence the four to less than what's called for. "We're pleased with the recommendation of the government," Barber's attorney, George Higgins, said. Federal prosecutors have said Hebron and Kimball face a maximum five years in prison and $250,000 fines. Hebron was mayor of Ball from 1987 until Feb. 5, when he pleaded guilty and resigned from office. James was charged in a bill of information on Oct. 1, 2009. The other five were indicted Sept. 25, 2009. Akins' attorney, Glenn Cortello, said he hopes his client receives probation. "He just kinda got caught up in the situation," Cortello said. "He was the least involved." Cortello said Akins signed a timecard that had been pre pared by someone else in the aftermath of Gustav, which pummeled Central Louisiana in early August 2008 with high wind and rain. Akins, who remains on the Ball Police force, received about $500 for overtime he didn't work, and realized it a few weeks later, Cortello said. FEMA reimbursed Ball for some of the money spent in cleanup efforts. An FBI investigation centered on fraudulent reimbursement claims by Hebron and other officials in Ball. Published: Tue, Apr 19, 2011