U.S. Attorney's Office
Northern District of Georgia
(404) 581-6000
February 24, 2015

Husband of Former DeKalb County Commissioner Boyer Charged with Stealing County Funds

ATLANTA—John Boyer, the husband of former DeKalb County, Georgia, Commissioner Elaine Boyer, has pleaded guilty to stealing county money that was paid to a third party, who then funneled the funds into a personal bank account used by the Boyers. The plea stems from Elaine Boyer’s conviction on similar charges in September, 2014.

“John Boyer exploited his wife’s position as a DeKalb County Commissioner to steal thousands of dollars in county funds. The Boyers’ scheme put tax payer money in their pockets—and left the citizens of DeKalb County with the tab,” said Acting U.S. Attorney John Horn.

J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office, stated: “The use of public office for personal gain is a serious breach of trust that should not be tolerated. The FBI has ranked public corruption as its number one criminal program priority due to its vast harm created along many lines and asks that anyone with information regarding such activity to please contact their nearest FBI field office.”

According to Acting U.S. Attorney Horn, the charges, and other information presented in court: In DeKalb County, Georgia, the Board of Commissioners serves as the legislative branch of the DeKalb County Government. The Board of Commissioners is comprised of seven part-time commissioners, who are elected to serve four-year terms. Each of the seven Commissioners is responsible for the management of their respective offices, which includes controlling the offices’ budget and hiring staff members, contractors, and consultants. In recent years, the operating budget for a Commissioner’s office has been approximately $250,000 per year. The Commissioners may use their budget only for county-related business. In 1992, Elaine Boyer began serving as the Commissioner of District 1, which serves citizens in north DeKalb County, including in Brookhaven, Dunwoody, Tucker, and Smoke Rise, Georgia. In August 2014, Elaine Boyer resigned as the Commissioner of District 1.

In 2009, Elaine and John Boyer experienced financial difficulties. As a result, John Boyer devised an unlawful kickback scheme to obtain money from DeKalb County. In particular, in or about September 2009, Elaine Boyer, as the Commissioner of District 1, hired a family friend as a political advisor (“Advisor”), allegedly to assist her with government consulting.

From September 2009 to November 2011, false invoices were submitted to Elaine Boyer’s office for services supposedly rendered by Advisor. In fact, Advisor performed no services for DeKalb County. Elaine Boyer used the false invoices as the basis to authorize payments to Advisor. Based on requisition requests from Elaine Boyer, DeKalb County mailed approximately 35 checks, via the United States Postal Service, to Advisor for consulting services that were never performed. In total, DeKalb County paid Advisor more than $80,000.

John Boyer then instructed Advisor to deposit the money that the Advisor received from DeKalb County into a bank account used by Elaine and John Boyer. Consequently, after being paid by DeKalb County, Advisor funneled approximately $60,000 received from DeKalb County into a personal bank account used by the Boyers. In turn, the Boyers used the money deposited into the account to pay personal living expenses.

On September 3, 2014, Elaine Boyer, 58, of Stone Mountain, Georgia, pleaded guilty to one count each of conspiring to commit mail fraud and wire fraud. Ms. Boyer is scheduled to be sentenced before U.S. District Judge Orinda D. Evans on March 20, 2015, at 1:30 p.m.

John Boyer, 62, of Stone Mountain, Georgia, was charged via a criminal information with conspiring to commit mail fraud. Boyer pleaded guilty to that charge. In determining Boyer’s sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.

The sentencing hearing for Mr. Boyer is scheduled for May 6, 2015, at 2:00 p.m., also before Judge Evans.

This case is being investigated by Federal Bureau of Investigation.

Assistant U.S. Attorney Jeffrey W. Davis is prosecuting the case.

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