VA Judge: Sheriff’s Slush Fund Isn’t Criminal, but Bribery Is

Last August, a Middlesex County (VA) grand jury returned 25 felony indictments against disgraced Sheriff Guy Abbott over use of his asset forfeiture fund. The indictments included:

Indictments handed down last week by a Middlesex special grand jury allege Sheriff Guy Abbott procured an inflatable boat, two other boats and a vehicle, obtained undisclosed sums of money in an asset forfeiture fund and misused county credit cards, all of which he accessed by virtue of his position as the top law enforcement officer in the county, according to the indictments…

Between 2003 and 2008, Abbott is also accused of using his office to obtain a 1985 Volvo, a Boston Whaler boat, a 1982 Privateer boat and a 1993 Nova Marine inflatable boat, according to the indictments.

Other counts accuse him of misusing various public funds and Visa and Mastercard credit cards over an eight-year period dating back to his first year in office, according to the indictments. Some of the money was in an account in which assets seized for forfeiture are held.

Debra Turck, who coordinated the asset forfeiture program for the Virginia’s Department of Criminal Justice Services (DCJS) for 8.5 years, testified that those funds are to be used “strictly for law enforcement purposes.”

Prosecutor Dion argued that Abbott had the asset forfeiture fund pay for numerous meals that were not related to law enforcement.

Under questioning by Dion, Turck gave an example of where food and beverages expenditures were permitted, such as if they were part of a comprehensive package at a hotel that was hosting law enforcement training. “We want it to be official training” as opposed to a meeting, she said.

Turck said food bought at a meeting where law enforcement operations were discussed was not a permitted expense. “The bottom line is, it has to be for law enforcement purposes.”

Turck said “memorials” that are not “extravagant,” and award plaques were permitted expenditures.

In 2009 Middlesex Treasurer Betty Bray, who controls dispersement of money from the asset forfeiture account, sought advice from DCJS on Abbott’s request to use asset forfeiture funds for a Christmas party. “They are not for social events,” Turck testified.

After that, Abbott ceased meal purchases, said Abbott’s attorney, Craig Cooley.

Under cross examination by Cooley, Turck said the asset forfeiture “guidelines were general in nature. We rely on localities to use their best judgment.”

Turck said that food bought at a multi-jurisdictional drug task force meeting at an Urbanna restaurant to discuss law enforcement plans was “one of those gray areas” where asset forfeiture funds could possibly be spent.

There were other “gray areas,” Turck said, including food purchased when it was related to a stakeout or while serving in a disaster emergency, or as part of graduation ceremony from a law enforcement academy, among other situations.

Under questioning by Cooley, Turck admitted that DCJS did not notify Abbott of incorrect expenditures.

Cooley argued that the legislature did not establish the guidelines, but directed that a board set up an audit procedure to ensure compliance.

Abbott testified that all items purchased through the asset forfeiture account and through his office were related to law enforcement. Regarding a $1,389 Visa credit card bill from 2002 that was paid from the asset forfeiture account, Abbott said, “It was for law enforcement purposes, because I’d have marked it otherwise if it wasn’t.”