Sources: Federal grand jury reaches decision on Corrine Brown

Formal announcement on whether to indict congresswoman expected Friday

JACKSONVILLE, Fla. – The I-TEAM has learned that a federal grand jury has concluded its proceedings that included an investigation of Rep. Corrine Brown. News4Jax has also learned federal prosecutors could announce a decision as early as Friday.

Brown returned to Jacksonville Thursday after three sources told the I-TEAM just after noon that a decision had been reached on whether to indict the 11-term Democratic congresswoman, who represents Florida's 5th District.

WATCH: Corrine Brown back in Jacksonville ahead of grand jury decision

Those sources all had the same answer about what that decision was, but the I-TEAM is waiting for official confirmation from federal prosecutors.

While prosecutors have not yet said what that decision might be, a grand jury has two main options: to return a “true bill,” commonly known as an indictment, or no true bill, meaning the grand jury declines to issue charges.

A grand jury only needs to find probable cause to return an indictment; it does not need to find guilt beyond a reasonable doubt.

Grand jury proceedings are secret, and a grand jury hears only from prosecutors, not defense lawyers, to decide if there is probable cause to move forward with charges. If charges are filed, that person is arrested, or brought before a judge, and notified of the charges.

It's not until trial that a defendant can present a defense.

A former federal prosecutor said that in his 17 years of experience, he has only seen a grand jury fail to return an indictment twice, while returning -- on average -- 350 indictments a year in different cases.

A check of the schedule at the Federal Courthouse, where Brown would appear if an indictment was returned, showed nothing related to Brown.

The I-TEAM has spoken with Brown’s attorney, Bill Sheppard, who told us he had not heard anything regarding a grand jury decision, but added he likely would not hear anything until the decision was made public. 

Sources said that attorneys representing subjects of a grand jury investigation are sometimes told ahead of an announcement, as a courtesy.

Brown's staff told News4Jax on Wednesday that they did not know anything about the grand jury's decision. 

News4Jax report from Washington, D.C.: What's next for Rep. Corrine Brown?

A guard at the door of Brown's Jacksonville office would not let a News4Jax crew in the building Thursday and said the office was closed.

Attorney, political expert react

Rick Mullaney, with Jacksonville University's Public Policy Institute, said that if action is taken against Brown on Friday, he would not be surprised if she works to keep her office.

"The congresswoman has made it clear she is going to fight the charges. And after the indictment -- we should be clear that an indictment does not disqualify her from running, and it does not disqualify her as a member of Congress -- I think you can expect to see the congresswoman continue to seek re-election to the 5th congressional district," Mullaney said.

Brown did not answer calls to her cellphone on Thursday.

Curtis Fallgatter, who was an assistant U.S. Attorney in Jacksonville for 17 years, is now representing witnesses who were called to testify before the federal grand jury investigating Brown.

Fallgatter said the grand jury has been hearing from witnesses who have interacted with Brown.

He said prosecutors have made clear that this day was a long time coming.

“The government has made it clear in a variety of ways that they have every intention of returning charges against Congresswoman Brown. To most observers, it's been a question of a matter of time,” Fallgatter said. “(They've made it clear through) communication with witnesses, attorneys to witnesses (and) some public statements they've made.”

Those public statements include a plea deal with Carla Wiley, a former Brown acquaintance.

Connection to questionable charity

Wiley, the president of One Door for Education Foundation, pleaded guilty to conspiracy to commit wire fraud in March, in connection with the questionable Virginia-based nonprofit.

Those public court documents also detailed a scheme to defraud donors out of $800,000. Court documents show the money was used to benefit individuals identified only as Person A and Person B. Person A is described as a public official, and Person B is described as an associate of Person A. Previous I-TEAM reports detailed reasons why “Person A” was likely Corrine Brown.

Court filings show Wiley deposited the $800,000 into the group's bank account over the past four years, but gave out one $1,000 scholarship. Wiley transferred thousands of dollars to herself; the money was also used to fund parties, an NFL luxury box and other extravagances in Washington, D.C.

U.S. Attorney indictment of Carla Wiley | Wiley's plea agreement

The documents also show One Door for Education was never properly registered with the IRS as a nonprofit organization. The I-TEAM obtained a flier for a 2013 golfing fundraiser at TPC Sawgrass. It showed the event was hosted by Brown and sponsored by One Door for Education.

Brown's photo also appeared on the One Door for Education's website, shown in the same photos as Wiley. Despite that, Brown publicly denied knowing Wiley to reporters in May.

"Who? I don't know who that is," Brown said. "Don't discuss local gossip with me."

That same month, federal prosecutors asked a judge to delay Wiley’s sentencing because she was being a “cooperative witness.”

Brown says she's 'clean'

Following the plea deal with Wiley, the U.S. House Ethics Committee announced it was going to investigate Brown.

Brown had been served a federal subpoena in January at a Northside restaurant while she met with supporters and local leaders.

At that time, Brown told the I-TEAM she was not guilty of any wrongdoing.

"I am clean," Brown said at the time. "Goodness, clean. Yes."

Later, the U.S. House ethics subcommittee formed to investigate Brown voted to defer its work at the request of the Department of Justice.

The panel was charged with looking into allegations that Brown may have improperly solicited charitable donations, used campaign money for personal use and failed to comply with tax laws.

Fallgatter said if an indictment is returned, it would be an extremely rare instance for a local federal public official.

“In the last 40 years I've been practicing law here, I don't recall a single federal public official being charged, some state ones or local ones but no federal in the last half-century that I can recall,” Fallgatter said. "Obviously, it depends on whether the indictment is accurate. If it's accurate, then politicians obviously need to comply with the law, like all of us. If it's not accurate, then a politician is going to be facing a very trying time to prove her innocence."

He said he thinks Brown could have a plausible defense.

“Let's get to the bottom of what you knew, or didn't know, about how the charity operated,” Fallgatter said. “You're a busy congresswoman. You don't see their books. You don't see their records. You're collecting money for a worthwhile cause. What's wrong with that? How is that a crime?”

More problematic, he said, is a possible case involving her tax filings. Fallgatter represents witnesses who have testified to that part of the investigation of Brown.

“The tax case is, again, going to depend on what people say about -- it if they gave her money -- was it a loan, was it a gift, was it income,” Fallgatter said. 

Over the last six months, Brown has repeatedly told the I-TEAM that she can't talk specifically about the investigation, but feels it is somehow connected with the changes to her congressional district.

"They're all together. The goal is to get rid of Corrine Brown," she said. In June, Brown dropped her appeal of the newly redrawn districts, which ended her redistricting fight.

Brown is running for re-election in the newly drawn district, which now stretches from Jacksonville to west of Tallahassee.


About the Authors:

Jim Piggott is the reporter to count on when it comes to city government and how it will affect the community.

Lifetime Jacksonville resident anchors the 8 and 9 a.m. weekday newscasts and is part of the News4Jax I-Team.

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