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Former chief clerk of Chatham Co. Probate Court indicted on fraud charges
Posted:
May 18, 2015 1:48 PM CDT Updated:
May 18, 2015 1:48 PM CDT
SAVANNAH, GA (WTOC) - Former chief clerk of the Chatham County Probate Court, Kim H. Birge, 61, has been indicted by a federal grand jury sitting in Savannah on charges of mail fraud and federal program fraud.
According to the allegations contained in the Indictment, between January 2011 and November 2014, Birge embezzled and stole more than $700,000 from the Probate Court's bank accounts. Birge would deposit fees and conservatorship funds into the Court's bank accounts, but would later write checks payable to cash out of those accounts for her personal benefit. In addition, Birge forged the signatures of conservators or their attorneys to create false documentation of conservatorship money being spent or disbursed.
Birge faces a maximum sentence of 20 years in prison, $250,000 fine and 3 years of supervised release on each of the four mail fraud charges, and a maximum sentence of 10 years in prison, $250,000 fine and 3 years of supervised release on the federal program fraud charge. An indictment is only an accusation and is not evidence of guilt. The defendant is entitled to a fair trial, during which it will be the Government's burden to prove guilt beyond a reasonable doubt.
The case was investigated by the United States Secret Service and the Savannah Chatham Metropolitan Police Department. Assistant United States Attorneys Brian T. Rafferty and Scarlett S. Nokes are prosecuting the case on behalf of the United States. Any questions should be directed to First Assistant United States Attorney James D. Durham at (912) 201-2547.
Michael Nesmith, 52, sentenced to 20 years with 8 to serve.
Mary Wiggins, 48, sentenced to 20 years with 6 years to serve.
SAVANNAH, GA - A Chatham County Superior Court Judge has sentenced a Garden City woman and man for cruelty and exploitation of the woman's 68-year-old mother.
Mary Daphne Wiggins, 48, and Michael Victor Nesmith, 52, deprived Wiggins' mother, Caroline Louise Thomas, of access to food and water and withheld her medications between June 1 and June 26, 2012, according to ADA and Elder Abuse Prosecutor Shalena Cook Jones.
During that time Wiggins and Nesmith are also accused of removing the window air conditioning window-unit and boarding up the windows to the room where Thomas spent most of her time. In addition, they routinely spent Thomas' Social Security Checks, said Jones.
Garden City Police were alerted to the situation after EMS was called to the Dean Forest Road home to provide medical assistance to Thomas and she detailed her abuse.
On February 8, a jury found Wiggins and Nesmith guilty of cruelty to a person 65 year of age or older and exploitation of an elderly person.
Wednesday Wiggins was sentenced to 20 years with 6 to serve for cruelty to a person 65 years of age or older, with an additional 5 years to serve concurrently for exploitation of an elderly person. Nesmith was sentenced to 20 years with 8 to serve for cruelty to a person 65 years of age or older, with an additional 5 years to serve concurrently for exploitation of an elderly person.
Michael Nesmith, 52, sentenced to 20 years with 8 to serve.
Mary Wiggins, 48, sentenced to 20 years with 6 years to serve.