Federal prosecutors are asking for a hearing to determine if attorney Wil Colom has a conflict of interest in the ongoing prosecution of J5 founder Jabari Edwards.
According to the motion, filed July 13 in the U.S. Court for the Northern District of Mississippi, Colom has been acting as one of Edwards’ attorneys in spite of the fact the two of them have a business relationship. Colom may also be called as a witness in the case, and another witness may be one of his employees.
Edwards and J5 President Antwann Richardson were indicted in June 2022 for allegedly misusing more than $2 million in Paycheck Protection Plan and Economic Injury Disaster Loan Program funding.
They allegedly fraudulently applied for coronavirus relief funds through North Atlantic Security, which Edwards owned at the time but later sold, and Edwards Enterprises, a company listing Edwards as its sole member.
The two are jointly charged with 17 criminal counts, including multiple charges of conspiracy to commit wire fraud, wire fraud and money laundering.
Colom, according to the motion, which is only one side of a legal argument, was the only attorney who attended Edwards’ initial appearance on June 16, 2022. At that time he told the court he “… was not representing (Edwards) because he was not a criminal defense attorney.”
However, on Sept. 28, 2022, Colom entered an appearance in the case on behalf of several of Edwards’ companies that were listed in a forfeiture notice. On March 2, 2023, the forfeiture piece of Edwards’ case was referred to District Judge Donald E. Walter, and the court “… recognized a potential conflict of interest” in the wake of a request to allow Colom to foreclose on Court Square Tower, which Colom formerly owned and had sold to one of Edwards’ companies.
J5 Towers LLC bought the building from Colom in 2022. Colom provided owner financing to J5 Towers, and it was required to make monthly interest payments with a final $1.2 million balloon payment due on Dec. 31, 2022.
The company failed to make more than $100,000 in interest payments and never made the balloon payment, leading Colom to attempt to foreclose, according to court documents.
Colom entered an appearance on behalf of Edwards on April 11 as his defense attorney, and intended to represent him at a hearing on whether or not to suppress incriminating statements Edwards allegedly made following his arrest.
Colom was barred from representing Edwards at that hearing, the government writes, and the hearing was handled by L.N. Chandler Rogers, another of Edwards’ attorneys.
Colom “… had been interviewed by federal agents as a potential witness … (and) had asked for and received a meeting with the Government as a potential witness, in which he admitted he was a witness and not an attorney,” prosecutors wrote.
Colom also told prosecutors he was “… assisting in operating the defendants’ companies … (and) had represented to the court in filings that he has a personal financial interest in the assets of one of (Edwards’) companies (not the ones he represents civilly),” according to the motion.
Colom also “apparently has some control” over J5 Solutions bank accounts, the government wrote.
Prosecutors allege that a potential witness, Sophia Erby, worked for North Atlantic Security before it ceased doing business and now works for Colom.
“It is not clear whether Erby is still an employee of one of Edwards’ companies — which Colom is helping to run — or is actually being paid by Colom,” prosecutors wrote.
The case involving whether or not to release Court Square Tower from the forfeiture notice was closed in May, prosecutors wrote, but it isn’t clear whether Colom was found to have a conflict of interest, and “… it is not clear to the government if or how the matter of Court Square Tower was resolved.”
Colom is continuing to file motions with the court, the government alleges, even though the question of his conflict of interest has not been resolved.
“The government raised this issue with all defense counsel of record during a teleconference on July 10,” prosecutors wrote. “While defense counsel has not stated to the government that a conflict of interest exists, they have agreed that the matters should be brought before the court for further discussion.”
When contacted by The Dispatch Friday afternoon, Colom responded by text: “There are lots of outstanding motions that Edwards has filed. I don’t have a conflict.”
A hearing date has not been set.
Brian Jones is the local government reporter for Columbus and Lowndes County.
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