Jabari Edwards is asking a federal judge to reinstate attorney Wilbur Colom as part of his defense team in his fraud case.
Federal Judge Sharion Aycock disqualified Colom in December due to concerns over several potential conflicts of interest. Edwards’ other attorney, New Albany-based L.N. Chandler Rogers, in a Tuesday motion argues that no conflicts of interest exist and asks Colom be reinstated.
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.
Aycock’s ruling disqualifying Colom focused on 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 and Richardson not at cross-purposes
Aycock, in her order disqualifying Colom, took issue with the relationship between Edwards and Richardson. She wrote that Colom’s business dealings with Edwards created “tension” with Richardson, because he would have also dealt with Richardson and so would have insider knowledge about him that could come into play if the two defendants try to blame each other.
This will not happen, Rogers argues, because he and Richardson both maintain that they did not commit a crime.
“… These two individuals have maintained from the inception of this case that neither committed any criminal act and that neither will fabricate allegations against the other which are simply untrue,” Rogers wrote. “… The defendants take the position that pointing the finger at the other would be to lie to the Court and the jury.”
Richardson has since said Colom possesses no information about him that is harmful, Rogers wrote, and has signed a written waiver of conflict.
‘Forceful or hostile as needed’
Aycock questioned Colom’s relationship with Sophia Erby, a former employee of Edwards who now works for Colom. Erby started working for Colom about two weeks after Edwards’ indictment and arrest, and helps Colom with day-to-day activities of Edwards’ businesses, which Colom is helping to run.
Should Erby be called as a witness, Colom would be examining his own employee, Aycock wrote, leading to a situation where his loyalties could be divided.
That situation would not be allowed to happen, Chandler wrote, and any business relationship between Colom and Erby “will not impact Richardson and Edwards.”
“… If Erby testifies at trial, her examination, whether direct or cross, will not be performed by (Colom),” Chandler wrote. “… (Chandler) will perform any examination of (Erby) and will undoubtedly be forceful or hostile as needed with (Erby) due to (Chandler’s) undivided loyalty to Edwards.”
Court Square Tower
Finally, Aycock questioned Colom’s interest in Court Square Tower and how it impacted his relationship with Edwards.
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, and Colom attempted to foreclose.
Aycock was concerned by the fact that Colom was representing both Edwards, in his criminal case, and representing Edwards’ other businesses in civil litigation. She also questioned the apparent business relationship between the two men.
Edwards doesn’t have a problem with the property being foreclosed, Chandler wrote.
“… The foreclosure is desired as much by (Colom) as it is by Edwards due to the financial strain placed upon Edwards for the required payment of insurance and taxes, not to mention the loan itself,” Chandler wrote.
Chandler argued that it was Richardson who signed the deed of trust, not Edwards, and the closing attorney retained by J5 Towers was Doug Dalrymple, not Colom.
Chandler also claims that while Colom is representing Edwards in a lawsuit involving North Atlantic Security, he is not representing all of Edwards’ businesses.
Finally, Chandler argues that Edwards himself doesn’t foresee any potential conflict with Colom over his involvement with Edwards’ businesses.
“… While it is true that conflicts of interest may arise by representation of a corporate entity and an individual, there is no per se conflict and, moreover, Edwards does not believe any such conflict has arisen before, or exists today,” Chandler wrote.
Brian Jones is the local government reporter for Columbus and Lowndes County.
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