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Two brothers found guilty on charges of malfeasance, money laundering from State Fire Marshal

2 weeks 19 hours 49 minutes ago Thursday, December 12 2024 Dec 12, 2024 December 12, 2024 6:25 PM December 12, 2024 in News
Source: WBRZ

PORT ALLEN - On Thursday, the trial concluded for the McCormick brothers, both accused of defrauding the state during emergencies. Judge Alvin Batiste delivered the split verdict just after 6 p.m. of the more than 400 charges the brothers faced.

Robert and Thomas McCormick were accused of fleecing the state of Louisiana more than $800,000 during state emergencies like Hurricanes Laura and Delta as well as the Winter Storm of 2021.

Robert McCormick, the former Office of the State Fire Marshal employee, was found guilty on 172 counts. Thomas McCormick, an attorney, was found guilty on 166 counts.

As previously reported, prosecutors believed the brothers worked together to purchase emergency supplies at a lower price and then bid or invoice the items to the state at a higher price. These emergency supplies included water, ice, food, portable restrooms, and showers.

Thursday began with two character witnesses called to testify on the character of Robert McCormick. One was Kin Ellis, a minister at South Baton Rouge Church of Christ, who said Robert McCormick was a giving and caring person. The second was Richard Brumfield, a Department of Homeland Security employee who formally served with Robert McCormick in the military. Brumfield said Robert McCormick embodied Army values and helped Brumfield make it through his deployment.

The defense called Thomas McCormick to the stand. Thomas McCormick is a Louisiana attorney and twin brother of Robert McCormick. Thomas McCormick formerly served in the military and also had worked for the Louisiana Attorney General. Thomas McCormick also had a private practice called the Thomas McCormick Law Firm.

Under testimony, Thomas McCormick shared that he met Bernard Christmas while running for judge. At that time, Robert McCormick was serving as his campaign manager. Thomas said he had nothing to do with the creation of Westside Services, a company that acquired and delivered emergency supplies and did not know Bernard Christmas owned Westside supplies until Christmas reached out to him after Hurricane Laura hit. Thomas McCormick also said he did not know Ava Richardson, wife of Bernard Christmas, owned Gifts Unlimited. Thomas McCormick said Christmas wanted his help getting supplies for Westside Services to aid the Office of the State Fire Marshal and was brought on to help run Westside Services finances.

"I just assumed he was working with Butch [Browning] or Robert," Thomas McCormick said.

Thomas McCormick also said he spoke directly to former state fire marshal Butch Browning after beginning work with Westside Services and told him of the involvement which conflicts with earlier testimony from Butch Browning himself who said he only learned of Thomas McCormick's involvement after the Winter Storm of 2021.

"That was a gross mischaracterization of what I was doing at that time," Thomas McCormick said.

Thomas McCormick said the only time he spoke to his brother regarding business with the OSFM was when Christmas was unable to explain what he needed and mainly spoke to Kyle Piercy and Stacy Smith.

There were also questions regarding the price of water and ice listed on invoices. Thomas McCormick said he considered factors like danger, COVID-19 compliance, and transport costs when setting prices on invoices.

Thomas admitted he helped Phillip Sibley set up Emergency Logistics Solutions, another company dealing in emergency supplies and cleanup, sometime after Laura. Thomas McCormick said he helped register the business on the Secretary of State's website and also served as the agent of service.

Prosecutors also took issue with several checks issued to Thomas McCormick's Law Firm titled "legal services," which were cashed for several thousands of dollars. Thomas McCormick admitted the money was not entirely for attorney services, but also for hours billed purchasing water and driving delivery trucks.

Thomas McCormick also said he had been practicing law since 2001 and had never received a complaint or discipline from the bar association for unethical conduct. Prosecutors brought out April Duhe, who is an attorney, and testified she filed an ethical complaint over a judgment that Thomas McCormick had made altered, filed, and not disclosed to Duhe.

Prosecutors said this called into question the truthfulness of Thomas McCormick.

During Hurricane Delta, the OSFM needed a base camp made for the search and rescue teams coming to help with the storm efforts.

Three different invoices passed through the email account of Thomas McCormick. Thomas McCormick admitted not only did he have the invoices, but he even let the owner of Emergency Logistics Solutions put an invoice together on his computer in his law office. An invoice from Just Johns had the work billed at $95,000. Prosecutors said Westside Services billed $145,000 for the same job. Thomas McCormick said he had the Just Johns invoice because that restroom and shower company was competing for the Westside Services subcontractor bid. Prosecutors said that conflicts with the testimony given by the owner of Just Johns.

In closing, prosecutors said $846,000 was charged to the state and that the Thomas McCormick Law Firm saw more than $397,000 enter its bank accounts from Westside Services, Gifts Unlimited, and Emergency Logistics Solutions.

The defense said the state did not prove the brothers worked with criminal intent, Robert McCormick had received permission to do business with Westside Services from the chain of command and the state's case was based on false numbers from the Louisiana Legislative Auditors office.

In delivering the verdict, the judge said Robert McCormick should have been more forthcoming with information to the Office of the State Fire Marshal.

"[If Robert McCormick] made a full disclosure, we wouldn't be here today," Batiste said.

The sentencing is scheduled for Jan. 8, 2024, at 2 p.m.

From the District Attorney's Office, the list of charges for Thomas McCormick include:

  • 1 count of conspiracy to commit money laundering
  • 35 counts of money laundering
  • 6 counts of conspiracy malfeasance in office
  • 39 counts  of conspiracy to commit filing false public documents
  • 39 counts of filing false public documents
  • 17 counts of conspiracy to commit theft
  • 17 counts of felony theft
  • 6 counts of conspiracy to commit prohibited splitting of profits
  • 6 counts of splitting profits

For Robert McCormick, the same charges listed above as well as six counts of malfeasance in office.

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