Sentencing hearing postponed for former Lynn Haven commissioner in federal corruption case – The News Herald

LYNN HAVEN Asentencing hearing scheduled for Friday in the case of former Lynn Haven City Commissioner Antonius Barneshas been pushed back to a date followingthe federal criminal trial of former Mayor Margo Anderson and prominent businessman James Finch.

"The trial may produce information that is relevant for this court to consider at Barnes' sentencing," the motion to continue the hearing said.

Where it started: Lynn Haven mayor and city attorney each charged with more than 60 federal crimes

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Barnes is now scheduled to be sentenced April 29 for making false statements to a federally insured institution. The trial of Anderson and Finch, both of whom facemultiple charges related to a conspiracyto deprive the citizens of Lynn Haven of honest services, is scheduled to start Feb. 28.

The postponement of the Barnes hearingleaves former Lynn Haven City Attorney Adam Albritton next up to face sentencing from among seven city employees or local business people who have admitted to stealing from Lynn Haven and FEMA following Hurricane Michael.

As of Thursday, Albritton remained on the court docket for sentencing Wednesday. No motions had as yet been filed to continue his case, though he was indicted last March alongside Barnes, Anderson and Finch.

The others who have pleaded guilty, former City Manager Michael White, former Community Services Director David Horton, business owners David White and Joshua Anderson and David White's sister and bookkeeper Shannon Rodriguez, are scheduled for sentencing March 17.

Albritton was originally charged in August 2020 alongside Anderson,with more than 60 crimes.

More charges were added against Albritton and Anderson in March 2021 when a new indictment came down adding Finch, owner of Phoenix Construction, and Barnes to the list of alleged criminal conspirators.

The single count of wirefraud to which Albritton pleaded stems from his contracting with David White and his company, Erosion Control Specialist, to have $25,000 in debris removal and other work done at his home and the home of his girlfriend following Hurricane Michael.

Documents state the specific illegal transaction took place when White deposited a city check he was written after he'd turned in afalsified invoice that claimedhis company had been doing federally funded debris removal work on public property. The work had actually been done atAlbritton's home and the home of his girlfriend.

Albritton committed honest services fraud when he schemed with David White and others to draft a supplemental agreement to a contract between ECS and Lynn Haven that gave the company the ability to bill the city for garbage pickup that was never performed.

In return for his illegal activity on behalf of ECS, Albritton received regular cash kickbacks of $10,000 or $20,000.

He faces up to 20 years in prison.

When he is finally sentenced, Barnes will face up to 30 years in federal prisonfor making false statements to a federally insured institution. A Statement of Facts filed in the casestates Barneslied about his indebtedness and financial history to obtain a $23,681 loan from Innovations Federal Credit Union.

In exchange for the plea, which was tendered Oct. 8, the U.S. Attorney's Office agreed to drop six other charges against Barnes, which primarily centered on his acceptance of multiple "loans" fromFinchthat he was never obligated to repay.

Both Barnes and Albritton were ordered, as part of their plea agreements, to state under oath their intention to cooperate or not cooperate in the federal government's ongoing prosecutions. Those statements are not available for public review.

While seven of the alleged co-conspirators have now pleaded guilty to the crimes filed against them and await sentencing, Anderson and Finch have vigorously fought the charges they face.

Authorities accuse Anderson of using her authority as mayor to steer lucrative construction contracts to Finch's company and in exchange receivedbribes in the form of travel and a mobile home at no cost.

In a motion to dismiss, Anderson states she "was the whistleblower that brought the suspicious Erosion Control Specialist payments to law enforcement."

Like Anderson, Finch has filed a motion to dismiss the charges he faces with prejudice, which would allow them to collect attorneys fees. Finch claims prosecutorial misconduct and violations of his Fifth and Sixth Amendment rights.

The Fifth Amendment protects defendants from self-incrimination and prevents a person from being tried more than once for the same crime.The Sixth Amendment provides for a speedy trial before an impartial jury.

Prosecutors have filed a response to the Anderson and Finch motions that remains under seal and unavailable for public scrutiny.

Michael and David White, who are not related, were, along with Horton, Rodriguez and Anderson, no relation to the former mayor,the first to be indicted by federal authorities in the Lynn Haven corruption case. Charges were originally filed in November of 2019.

Michael White and David White each pleaded guilty to four of the 35 charges they originally faced and will be sentenced for conspiracy to defraud, two counts of wire fraud and attempting to defraud the federal government.

Rodriguez has pleaded guilty to two charges, conspiring to defraud and wire fraud.

Anderson and Horton each pleaded guilty to wire fraud.

Court documents filed in the case indicate that at least some of those originally charged have been cooperating with authorities as they continue to build their case against Anderson and Finch.

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Sentencing hearing postponed for former Lynn Haven commissioner in federal corruption case - The News Herald