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Fraud case may add to Cliffard Whitby's legal problems

The Monroe County businessman is already facing federal bribery charges and is a defendant in a massive fraud lawsuit.

Businessman Cliffard Whitby may be spending a lot of time in court, regardless what happens with an investigation into alleged billing fraud in Bibb County.

On Thursday, the Macon-Bibb County Industrial Authority said three companies billed them for nearly $2 million for work that was never done -- sometimes on buildings that didn't exist.

The fraud allegedly happened from 2015 to 2017, during Whitby's time as chairman of the industrial authority.

The three companies were all owned by people connected to Whitby, the authority said.

And many of the invoices -- like the ones for $97,000 in payments for demolition of a building that was never demolished -- were apparently authorized by Whitby and marked "Approved -- C.W."

The authority says it's referred results of their billing audit to federal and state law enforcement for investigation.

Meanwhile, Whitby is already facing federal criminal charges for allegedly bribing Bibb County's school superintendent.

He's also one of the defendants in a $7 million fraud civil lawsuit filed by the Bibb school district.

Here is an update on the other Whitby cases, based on court documents.

WHITBY'S BRIBERY CHARGES STILL PENDING

Cliffard Whitby and a Florida lawyer, Harold Knowles, are accused of paying Romain Dallemand $437,400 in bribes, starting in 2011.

Whitby is charged with conspiracy, five counts of paying bribes; and money laundering.

Whitby allegedly bribed Bibb County school Supt. Romain Dallemand to provide school-district support for the Macon Promise Neighborhood. That was a federally funded program aimed at boosting student achievement by improving the quality of life in Macon neighborhoods.

Knowles, a Tallahassee, Fla. lawyer, allegedly passed the bribes from Whitby to Dallemand, who resigned from the Bibb County job in 2013.

No trial date has been set for Whitby and Knowles. Lawyers in the case are due back in federal court in Macon May 24 for a status conference.

Whitby is free on bond in that case. Last year, his lawyer told 13WMAZ that Whitby would plead not guilty, "and he'll stay not guilty."

Whitby resigned as industrial-authority chairman after being indicted in the bribery case last year. The authority says they ordered audits after he resigned, which uncovered the new fraud allegations.

DALLEMAND AWAITS SENTENCING ON TAX FRAUD

Meanwhile, Dallemand is awaiting sentencing on tax-fraud charges, and federal prosecutors say he is expected to testify against Whitby later this year.

Last August, Dallemand admitted that he filed a false tax return to the IRS in 2012, which under-reported his income and over-reported his deductions. Those false tax returns were connected to bribes in the Whitby case, according to court documents.

Dallemand faces up to three years in federal prison.

But a motion filed by federal prosecutors in January says, "Dallemand has been cooperating with the government."

Prosecutors in Florida want to put off his sentencing until at least Oct. 8, when they say the Whitby trial will be completed.

But a federal judge re-scheduled Dallemand's sentencing to May 14 in Fort Myers, when prosecutors will give an update on Dallemand's cooperation.

WHITBY ALSO NAMED IN MASSIVE CIVIL LAWSUIT

Also still pending: the Bibb County schools' lawsuit that accuses Dallemand and others of defrauding the district of more than $7 million.

The lawsuit argues that Dallemand pushed through a purchase for computers and software by violating school procedures and bidding laws and deceived other school officials about what he was doing.

The lawsuit, filed in 2016, accuses Dallemand, Whitby and more a dozen other defendants as operating as a racketeering-corrupt organization.

Court records list at least 19 lawyers involved in the case and, so far, more than 260 documents filed in the case, including motions, notices, orders, letters and memos.

No court date has been set, but lawyers in the case due back in federal court May 24 for a status conference.

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