Tuesday, December 9, 2014

Former JP heading to prison in federal theft case

Former JP heading to prison in federal theft case Laster sentencing ra Staff photo— Rod Aydelotte, file Former Justice of the Peace Jean Laster Boone was sentenced to federal prison and fined $5,000 Wednesday. Posted: Wednesday, November 19, 2014 2:03 pm By TOMMY WITHERSPOON twitherspoon@wacotrib.com Former McLennan County Justice of the Peace Jean Laster Boone was sentenced to nine months in federal prison Wednesday for stealing more than $16,000 in Social Security benefits intended for a friend who died four years ago. Laster Boone, 62, who pleaded guilty in September, will be allowed to remain free on bail and voluntarily report to prison once the U.S. Bureau of Prisons determines the location. Her attorney, Thomas West, asked that she be sent to a prison in Bryan. The former elected official, who is on state felony probation for falsifying county mileage vouchers, also was fined $5,000. She faced up to 10 years in federal prison and a fine up to $250,000 on the federal charge. Her attorneys, West and Jim Dunnam, have said the federal government did not lose any money because Laster Boone repaid $16,517 when notified by government investigators that is the amount she stole. U.S. District Judge Walter S. Smith Jr. rejected requests from Laster Boone and West to essentially place her under house arrest so she can continue to care for her disabled nephew. Laster Boone declined comment as she and her husband left the courthouse. But before sentencing, Laster Boone told Smith that she has “sincere and humble regrets for her transgressions against the government.” She said she made “poor and irresponsible decisions,” adding, “I am deeply remorseful and truly regret my illegal conduct.” She asked the judge to show “mercy and leniency,” not only to her but for the sake of her disabled nephew she cares for. Assistant U.S. Attorney Greg Gloff opposed the request for house arrest, saying Laster Boone has a master’s degree and one year of law school and has squandered the opportunities she has been afforded. He also reminded the judge that she remains on deferred probation in state court. Laster Boone had power-of-attorney authority and was co-signatory on a Bank of America account in Waco with her lifelong friend, Robert Martin Davis, according to court documents. When he died on May 27, 2010, the Social Security Administration, for unknown reasons, continued sending Davis’ Supplemental Security Income checks to his bank account. Last year, Social Security officials tried to contact Davis. When they were unsuccessful, they conducted an investigation and learned that $63,000 worth of SSI benefits had been deposited into his account since his death until October 2013. Federal investigators seized $42,003 in the account and linked Laster Boone to $16,517 missing from the account, according to court documents. Laster Boone told investigators she used the money to make repairs on her home. Federal officials filed a formal complaint against Laster Boone earlier this year that charged her with theft of government property. The documents indicate that Laster Boone knew why federal investigators came to her home Jan. 21. In her interview with the agents, she “admitted she had access to Davis’ account and that she spent money from his account on ‘fixing stuff up around the house,’ ” court records said. Laster Boone repaid the money in March, according to the records. Investigators also learned that Davis received benefits from the Department of Veterans Affairs and retirement benefits from the state of New York. Boone informed the New York State Retirement System of Davis’ death in June 2010. Davis’ daughter, Roxanne Pratt, also called the office and told them her parents were divorced but her mother is still alive. Davis listed Laster Boone as his beneficiary, and Laster Boone collected his survivor’s benefits in August 2010. No amount was listed in court records. The retirement system paid the prorated portion of Davis’ retirement benefits to his ex-wife, records indicate. The VA did not pay out benefits after Davis’ death, federal officials reported. Records tampering Laster Boone resigned the justice of the peace position she had held since 1999 after pleading guilty to two counts of tampering with government records. Judge Ralph Strother of Waco’s 19th State District Court sentenced her in December to three years of deferred probation and 300 hours of community service and ordered her to pay $6,120 in fines and restitution. She was arrested in September 2013 after it was discovered she directed employees to falsify county mileage reimbursement forms to make sure she reached the maximum $360 monthly total allowed by the county. Three of Laster Boone’s former employees told county officials she directed them to lie on the voucher forms. Court officials say Laster Boone’s probation status should not be in jeopardy since her alleged actions relating to the new federal charge occurred before Strother placed her on deferred probation. In deferred probation cases, there is no final judgment of guilt if the defendant successfully completes probation.

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