Case Document 11 Filed 03/11/08 Page 1 of 4

U. S. DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

3 a (33
LORETTA G. 
CLERK

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

UNITED STATES OF AMERICA CRIMINAL DOCKET NO. (13?057
v. SECTION: (3)
STACY R. SIMMS VIOLATIONFACTUAL BASIS

 

If this case were to proceed to trial, the United States would prove beyond a reasonable
doubt, through credible testimony and reliable evidence, the following facts:

Orleans Parish School Board empowered to contract and receive federal fuid?g

The Orleans Parish School Board was a local governmental agency created by the
Louisiana legislature, subject to control by the State of Louisiana, for the purpose of administering
public education in the Parish of Orleans. The OPSB was governed by a board of seven elected
members empowered with the authority to contract for services associated with educational programs
in Orleans Parish. The OPSB was also authorized to apply for and receive federal funding. During

the time period outlined in the bill Of information, the OPSB received in excess often thousand

_Fee

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Doc. No.

 

 

 

 

 

Case Document 11 Filed 03/11/08 Page 2 of 4

dollars of federal funds armually.

Between January, 2001 and December, 2004, Ellenese Brooks-Simms served, at various
times, as both a voting member and President of the OPSB. During this same time period, JRL
Enterprises, Inc. marketed and sold an educational software program and arelated computer
service entitled Can Learn?,? to schools systems natiO'nvvide.

In May, 2001, JRL executed a written sales agent agreement (?agreement?) with a local
businessman and his consulting company This agreement granted Mr. A the
exclusive right to market products and services to the Orleans Parish School system. Under
this agreement, Mr. A received 10% of the total sale price of any JRL- Can Learn?? product
purchased by the OPSB.

In 2001, and continuing through 2004, Mr. A, on behalf of CL, solicited Ellenese Brooks?
Simms to purchase the Can Learn?? program. At the same time, Ellenese Brooks-Simms, as
President of the OPS, secretly conspired with Mr. A to promote and approve the Can Learn?
program in exchange for a monetary ?kickback? from Mr. A. Ultimately, Ellenese Brooks-Simms,
promoted and approved several OPS contracts to purchase the CL Can Learn?? pro gram. As
a result, Mr. A reaped over nine hundred thousand dollars ($900,000) of Orleans Parish School

Board money in sales commissions ??om CL. In 2003 and 2004, Mr. A ?kicked back? one hundred

thousand dollars ($100,000) to Ellenese Brooks-Simms as a bribe for her role in the contract

 

Case Document 11 Filed 03/11/08 Page 3 of 4

approval process.1

The Flow of ?Kickbacks? I Bribes 1' Rewards

The ?kickbacks? bribes rewards ?owed through a variety of accounts to disguise and
conceal the illegality of those payoffs.

After receiving his December, 2003 and January, 2004 sales commissions from CL, Mr. A
deposited those monies in his corporate account. From there, Mr. A shifted the ?kickbacks? to
another consulting company business account he controlled. After depositing the monies
in his XYZ business account, Mr. A then transferred several XYZ checks to Ellenese Brooks-Simms
who then deposited the checks in a newly opened LibertyBank account in the name of her daughter,
STACY SIMMS. The STACY account was used to conceal the monies from the bribery
scheme and from there, the ?kickback? monies ?owed to a variety of recipients designated by
Ellenese Brooks-Simms.

Concealment ofthe Felony

In December, 2003 and continuing through 200?, STACY SIMMS concealed the ?ow of the
December 3, 2003 and January 26, 2004 illegal payoffs to her mother. She failed to notify any law
enforcement authority and further concealed the ?ow of the illicit payoffs, by allowing the Liberty

Bank account, that she had opened in her name, to serve as the clearinghouse for the illicit monies.

 

1

Mr. A also paid Ellenese Brooks-Simms a ?nal $40,000 ?kickback?Tbribefreward in January, 2005.

 

 

 

Case Document 11 Filed 03/11/08 Page 4 of 4

In summary, all of the evidence introduced at trial would establish the elements of the offense

and prove the defendant?s guilt beyond a reasonable doubt.

 

 

READ AND APPROVED:
9? a 3"?Fd73
ST HEN D. LONDON (Date)

     
  

Counsel for Stae R. .1: ms Assistant US. Attorney

3:3 757?

RICHARD R. (Date)

MICHAELM MPS (Date?
Assistant U. .Attorney