While former DeKalb County Commissioner Elaine Boyer faces potential prison time, the man who allegedly funneled taxpayer funds to her bank account hasn’t been criminally charged.
Federal prosecutors wouldn’t provide any information Tuesday about whether the unnamed “adviser” referenced in the charges against Boyer could be targeted, too.
The Atlanta Journal-Constitution’s investigation identified the adviser as Rooks Boynton, an evangelist who received more than $83,000 for consulting services, with no evidence of work product.
“We have not made a decision about him,” U.S. Attorney Sally Quillian Yates said.
Court documents indicate he deposited most of the money into Boyer’s bank account and kept about a quarter of it — some $20,000 — for himself.
Asked if the government will seek restitution from him, as it is from Boyer, Yates said, “We’re still looking at the adviser and the circumstances surrounding him.”
Boynton could eventually find himself in court, said two former federal prosecutors.
“I’d be surprised if they don’t charge the vendor,” said Rep. B.J. Pak, R-Lilburn, who worked in the U.S. Attorney’s Office for six years.
Boyer and her attorney have said she is cooperating with federal authorities during their ongoing investigations.
“It’s certainly not out of the ordinary to have the public official step down and plead guilty while the investigation … goes on, which is what’s probably happening right now,” said Pak, who as a prosecutor investigated government officials and Medicare fraud.
Prosecutors may have gone after Boyer first because they wanted to remove her from her elected position as quickly as possible, Pak said.
Or it’s also possible that the government wants more time to build its case against Boynton before bringing charges, said Allen Moye, a 20-year former prosecutor in the U.S. Attorney’s Office.
“It may be that they’ve got to spend some time finding documents that would corroborate Ms. Boyer,” said Moye, who prosecuted drug trafficking, money laundering and immigration violations before going into private practice in 2007. “Until they’re ready with all that evidence, they’re not about to act. They’d be foolish to do so.”
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