J5 founder Jabari Edwards is trying to have his indictment thrown out, arguing the investigation against him was motivated by racism and politics. He also alleges the grand jury that indicted him was investigating him in order to uncover a crime, and not because a crime was being presented to it.
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 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.
A motion filed Nov. 20 by attorney Wilbur Colom, who is one of Edwards’ attorneys, attacked the investigation against him as “based on prejudice, stereotypes and politics.” Edwards argues the case against him has its roots in an attempt by U.S. Treasury Office of the Special Investigator General for the Troubled Asset Relief Program Agent Richard Vignogna to find corruption in the city of Columbus’ Blight Program in 2020.
That inquiry bore no fruit, Colom wrote.
“… Nothing from the government to this date even hints of abuse of the blight program by (Edwards) or anybody else,” Colom wrote, “and there is no mention of the program in the original or superceding indictments (against Edwards).”
While investigating the city blight program, Colom argues Vignogna used a federal grand jury to subpoena “… every one of (Edwards’) accounts and companies, all 17 or them, covering all business and personal activity.”
The government went this route because it did not have enough evidence to convince a judge to subpoena the information, Colom wrote.
“It appears to have been a subterfuge to start an improper targeted investigation of Mayor Robert Smith, Jabari Edwards, and others, fueled by prejudice, rumors and stereotypes of black elected officials,” Colom wrote. “It was in truth not an investigation of a crime but an investigation of individuals the prosecution wanted to arrest.”
Colom argues five people were questioned about activities at Edwards’ companies during its investigation, and all five of them were white.
“Not even one black former employee, of which there were many, was interviewed, evidently because black witnesses would not be trusted,” Colom wrote. “No employee of the city blight program was interviewed … All of these city employees were black, which appears to be a disqualifying trait for these agents.”
The grand jury investigation was used as “… a tool, not to protect the government’s funds, but a cudgel against Edwards in order to get other local officials they sought to charge,” Colom wrote, including Smith. “… It was a fantasy of official corruption in Columbus. There was one goal: get something on (Edwards) and flip him on the real targets, whoever they were.”
Colom also argues the government lied to the grand jury to get it to indict Edwards.
“In order to get the grand jury to indict (Edwards), the government had to overlook compelling evidence and hide certain evidence from them,” Colom wrote. “Also, they had to misrepresent the rules applicable to PPP and EIDL programs, or simply not tell the grand jury the rules.”
Colom filed a motion asking the court to grant him access to the grand jury transcript, or that the court conduct a review of the transcripts, and then conduct a hearing where Edwards can request the indictment be dismissed.
The trial, which has been continued several times, is now set for Jan. 22.
Brian Jones is the local government reporter for Columbus and Lowndes County.
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