Toney, Alabama Woman Sentenced to 30 Months’ Imprisonment for Mail Fraud and Federal Program Fraud
| U.S. Attorney’s Office July 22, 2009 |
DECATUR, AL—SUZANNE L. SCHMITZ, 64, of Toney, Alabama, was sentenced to 30 months’ imprisonment based on her February 2009 convictions for mail fraud and federal program fraud. Schmitz was also ordered to pay restitution in the amount of $177,251, and ordered to forfeit that amount as well. The sentencing is announced today by United States Attorney Joyce White Vance, Acting Alabama Attorney General Richard J. Minor, and Special Agent in Charge Patrick J. Maley, Federal Bureau of Investigation.
In imposing the sentence, United States District Judge R. David Proctor stated that portions of Schmitz’s trial testimony was “patently false.”
In January 2008, Schmitz, then a member of the Alabama House of Representatives, was charged based on her receipt of money from the Community Intensive Training for Youth (“CITY”) Program. The CITY Program, which received federal funding during the time period charged in the indictment, operated in 10 locations throughout Alabama and sought to develop social, behavioral, and academic skills possessed by “at-risk” youth.
Evidence presented at trial revealed that Schmitz executed a scheme to defraud by capitalizing on her status as an elected official to secure her job with the CITY Program. She held the title of “Program Coordinator for Community and External Affairs,” at the CITY Program from January 2003 to October 2006, and received approximately $177,251.82 in salary and benefits. During the time she was paid by the CITY Program, Schmitz rarely went to the Huntsville office provided to her by the CITY Program, performed virtually no services, and generated virtually no work product. In addition, Schmitz submitted false statements to the CITY Program regarding the volume and nature of work that she was supposedly performing, all in an effort to continue to collect her salary and benefits. The court enhanced Schmitz’s sentence in part based on a finding that she created perjury at trial.
“This office will continue to devote its resources to the prosecution of those who betray the public trust. The sentence of 30 months of custody in a federal prison sends a strong message to those who represent the public: all of their actions should be honest and honorable,” stated United States Attorney Joyce White Vance.
“Public corruption strikes at the very heart of our democracy and erodes the public’s confidence in government. I hope that the sentence handed down today sends a message to all who would consider stealing hard earned tax dollars for their own personal profit,” stated SAC Patrick J. Maley, FBI.
“As I have said before, the citizens of the State of Alabama have a right to fair and honest conduct by elected officials. With today’s prison sentence, I can only hope that this investigation and prosecution has, to some extent, restored a little of the public’s trust in her elected officials. It has been said that the use of power must always be accompanied by moral choice. Unfortunately, Mrs. Schmitz’s use of her power was accompanied by illegal actions and today we are reminded of the consequences—prison,” stated Richard Minor, Acting Alabama Attorney General.
The investigation of this matter was conducted jointly by law enforcement officers from the Federal Bureau of Investigation and the Alabama Attorney General’s Office. Assistant United States Attorneys William C. Athanas and David Estes prosecuted the matter on behalf of the United States.