A federal judge has disqualified attorney Wilbur Colom from Jabari Edwards’ defense team after finding he has conflicts of interest.
Colom, along with New Albany-based attorney L.N. Chandler Rogers, was representing Edwards, owner of J5, in a criminal case involving alleged misuse of coronavirus relief funds. Prosecutors filed a notice of potential conflict of interest regarding Colom back in July.
Edwards and J5 President Antwann Richardson were indicted in June 2022 for misusing more than $2 million in Paycheck Protection Plan and Economic Injury Disaster Loan Program funding.
They allegedly fraudulently applied for the 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.
On Tuesday Federal Judge Sharion Aycock ruled Colom has conflicts on several grounds: his business relationship with Edwards and Richardson; the fact that a potential witness who formerly worked for Edwards now works for Colom; and Colom’s interest in Court Square Tower, which Colom sold to Edwards and is now trying to foreclose on.
Edwards signed a waiver of conflict of interest so Colom could continue representing him, but, Aycock wrote, Richardson did not sign a waiver. As the two men are being tried together, this creates a problem.
Colom, by his own admission, worked with Edwards’ businesses. This creates tension with Richardson, as that means Colom was in essence working with him, also.
“Colom would quite likely have learned information about Richardson during the course of that representation,” Aycock wrote. “At trial, should … it become necessary for one of the defendants to cast blame on the other, Colom (and, in turn, Richardson) would undeniably be in a precarious position.”
The potential impact on Richardson’s defense is “the court’s greatest concern,” Aycock wrote.
Sophia Erby, who formerly worked for Edwards, now works for Colom, Aycock wrote. During her time with Edwards, Erby worked at BH Properties and North Atlantic Security. She started working for Colom about two weeks after Edwards’ June 2022 indictment and arrest, and she helps Colom with day-to-day activities for Edwards’ companies, which Colom is helping run.
Erby may be called as a witness in the case, Aycock wrote, which means Colom would be “examining his own employee in open court.”
“It is possible that effective representation of Edwards would require hostile questioning of Erby,” Aycock wrote. “In other words, Colom could be placed in a scenario involving ‘divided loyalties.’”
The potential conflict “gives the court concern,” Aycock wrote.
Aycock also addressed Colom’s entanglement with Court Square Tower.
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.
According to filings with the Mississippi Secretary of State’s Office, a company called J5 Towers LLC was created on Jan. 24, 2022, with Shanta Blakney listed as its registered agent and organizer.
According to the original indictment, Edwards wrote a $20,000 check to Blakney, with the memo “I love you,” from an Edwards Enterprises bank account, in December 2021.
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 filed a motion asking the court to remove a restraining order on the property, which is at risk of civil forfeiture. Prosecutors filed a motion to vacate the forfeiture on Jan. 5, which is still pending at this time.
The fact that Colom wants to foreclose on a building he sold to Edwards “… clearly appears to be a business transaction between an attorney and client,” Aycock wrote.
Colom is also representing Edwards’ businesses in other civil litigation as well as in this criminal matter, Aycock wrote.
“It is quite possible that an (corporate) entity may not have identical interests to those of an individual owner,” Aycock wrote. “Colom’s involvement with Edwards’ businesses, which apparently continues to this day, gives this court concern as it pertains to Colom representing Edwards in this case.”
In an email to The Dispatch, Colom said he expects Edwards to ask the judge to reconsider.
“The 6th Amendment right for an American to select the lawyer of his or her choice is fundamental to our constitutional system, especially when a client specifically waived all perceived conflicts and says I want this person to be my lawyer,” Colom wrote. “In that regard, Mr. Edwards told me the Court may have received some inaccurate information in reaching its conclusion so he plans to file a motion to reconsider. The Federal government has indicted Mr. Edwards on serious charges and all he asks the Court is to uphold his constitutional right to pick the lawyer of his choice.”
Agent credibility
In July attorney Victor Fleitas, who represents Richardson, argued that U.S. Treasury Department Agent Richard Vignogna had lied on the stand about his disciplinary history and had not disclosed business interests that may create a potential conflict.
Vignogna allegedly failed to disclose he had been “the subject of a workplace complaint for threatening and harassing a former female coworker, with whom he had been involved in an intimate relationship.”
He is also allegedly involved with a security company called Global Threat Solutions, which could be considered a competitor to North Atlantic Security.
Fleitas filed a motion in July asking the government to turn over any records pertaining to his outside employment, as well as any records regarding his past disciplinary issues.
While the prosecution said it would not call him to testify at trial, Aycock noted Vignogna was the lead investigator on the case and participated in interviews and statement preparations for 18 witnesses.
“The defendants should be able to, at least to some extent, attack (Vignogna’s) credibility as lead investigator on the case,” Aycock wrote.
Aycock ordered prosecutors to turn over the requested materials within 10 days.
Brian Jones is the local government reporter for Columbus and Lowndes County.
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