Boynton Charged with Conspiring to help Former DeKalb County Commissioner Elaine Boyer Steal County Money

ATLANTA - Marion Rooks Boynton has been arraigned after being indicted by a federal grand jury for conspiring with former DeKalb County Commissioner Elaine Boyer and her husband John Boyer to steal over $85,000 from DeKalb County.

“Boynton allegedly conspired with Elaine and John Boyer to steal taxpayer money from DeKalb County,” said U.S. Attorney John Horn. “The trio diverted thousands of dollars in county funds to their own personal bank accounts by exploiting former DeKalb County Commissioner Boyer’s position.”

“Elected officials who violate the public trust remain a priority investigative matter for the FBI but those who entice or assist those public officials as they engage in their corrupt criminal conduct are equally subject to federal investigation and prosecution.  The FBI asks that anyone with information regarding such activities to contact their nearest FBI field office,” said J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office.

According to 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 served citizens in north DeKalb County, including in Brookhaven, Dunwoody, Tucker, and Smoke Rise, Georgia.

In 2009, Elaine Boyer and her husband John Boyer began experiencing financial difficulties. As a result, they became involved in an unlawful kickback scheme to obtain money from the DeKalb County government. In particular, in or about September 2009, Elaine Boyer, as the Commissioner of District 1, hired long-time, family friend Rooks Boynton as a purported political advisor, allegedly to assist her with government consulting.

As part of the scheme, false invoices were submitted to Elaine Boyer’s office for services supposedly rendered by Boynton. In fact, Boynton performed no services for DeKalb County government, Elaine Boyer’s Office, or the citizens of DeKalb County.

Elaine Boyer used the false invoices as a basis to authorize payments to Boynton. From September 2009 to November 2011, based on requisition requests from Elaine Boyer’s Office, DeKalb County issued approximately 35 checks to Boynton for consulting services that were never performed. In total, DeKalb County paid Boynton more than $85,000.

Boynton then deposited a portion of the money that he received from DeKalb County into a bank account used by the Boyers. Specifically, after being paid by DeKalb County, Boynton funneled approximately $60,000 of funds from DeKalb County into a personal bank account used by the Boyers.  Boynton kept and spent the rest of the approximately $25,000 that he received from DeKalb County – despite not performing any services for DeKalb County.

In August 2014, Elaine Boyer, 59, of Stone Mountain, Georgia, resigned mid-term as the Commissioner of District 1. The day after resigning, Boyer was charged with conspiring to commit wire and mail fraud.  On March 20, 2015, Boyer was sentenced to 14 months in prison and ordered to pay approximately $87,000 in restitution after pleading guilty.

On February 24, 2015, John Boyer, 63, of Stone Mountain, Georgia, pleaded guilty to conspiring to commit mail fraud. Boyer is scheduled to be sentenced on August 19, 2015.

On August 11, 2015, the Grand Jury returned an Indictment against Marion Rooks Boynton, 73, of Saint Simons Island, Georgia, on charges of conspiracy and substantive federal program theft.

Members of the public are reminded that the indictment only contains charges.  The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.

This case is being investigated by the Federal Bureau of Investigation.

Assistant United States Attorney Jeffrey W.  Davis is prosecuting the case.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.