INDICTMENT Conspiracy ?97-l?l 3 Counts CIRCUIT COURT NO. Embezzlement; Fraud committed in Public Office ?97-11?31 Fraudulent Statements ?97?7?10 FILEW THE STATE OF MISSISSIPPI Circuit Court 0 FIRST DISTRICT, HINDS COUNTY FEB 4 2020 January Term, A.D., 2020 ZACK WALLACE: First Judicial District 3* M. of Hinds County The Grand Jurors of the State of Mississippi, taken from the body of good and lawful persons of the First Judicial District of Hinds County, in the State of- Mississippi, elected, impanelled, sworn and charged to inquire in and for said District, County and State aforesaid, in the name and by the authority of the State of Mississippi, upon their oath present: That John Davis while acting in concert and/or aiding, assisting or encouraging another or others, to?wit: Brett Dibiase, Gregory Latimer Smith, Nancy Whitten New and others known and unknown to the grand jury In said District, County and State COUNT I on, about and between the 11th day of February, 2019 and the 11th day of July 2019, in the county aforesaid and within the jurisdiction of this Court, the said defendant being a male human being above the age of eighteen (18) years, whose date of birth is March 2, 1968, did willfully, unlawfully, and feloniously entered into a conspiracy with Nancy Whitten New, and others known and unknown to the grand jury, to commit the crime of embezzlement in violation of ?97~23?19, To?wit: John Davis, all while acting as the Executive Director of the Mississippi Department of Human Services, conspired with Nancy Whitten New, the Executive Director of the Mississippi Community Education Center, a private non-pro?t entity responsible for distributing public grant funds received from the State of Mississippi, and others known and unknown to the grand jury, to convert funds owned by the Mississippi Community Education Center, to the bene?t of Brett Dibiase, by conspiring to transfer funds owned by the Mississippi Community Education Center, from their bank account, Regions Bank Account Number 0035997729, in a series of multiple transaction, into bank accounts owned by Rise in Malibu, a drug treatment clinic located in Malibu, California, which transferred funds were used to pay for Brett Dibiase?s inpatient drug treatment at Rise in Malibu, California, all occurring within the jurisdiction of this court and in violation of Section 97?1?1 and Section 97-23?19, Mississippi Code Annotated (1972, as amended); COUNT II on, about and between the 11?'1 day of February, 2019 and the 11til day of July 2019, in the county aforesaid and within the jurisdiction of this Court, the said defendant being a male human being above the age of eighteen (18) years, whose date of birth is March 2, 1968, did willfully, unlawfully, and feloniously entered into a conspiracy with Nancy Whitten New, and others known and unknown to the grand jury, to commit the crime of Mail Fraud in violation of ?97-19?83, To? wit: John Davis, all while acting as the Executive Director of the Mississippi Department of Human Services, conspired with Nancy Whitten New, the Executive Director of the Mississippi Community Education Center, a private non?pro?t entity responsible for distributing public grant ?lnds received from the State of Mississippi, and others known and unknown to the grand jury, devised or intended to devise a scheme or arti?ce to defraud the Mississippi Community Education Center, and to obtain money, property or services for Brett Dibiase, from Rise in Malibu, a drug treatment clinic located in Malibu, California, by means of a false or fraudulent pretenses, represented or promised, for the purpose of executing such scheme or arti?ce or attempting so to do, conSpired to transmit or caused to be transmitted by mail, telephone, newspaper, radio, television, wire, electromagnetic waves, microwaves, or other means of communication or by person, any writings, signs, signals, pictures, sounds, data, or other matter across state jurisdictional lines, all occurring within the jurisdiction of this court and in violation of Section 97?19-83, Mississippi Code Annotated (1972, as amended); COUNT 111 based upon a series of acts connected together and constituting parts of a common scheme and plan, said John Davis, being a male human being above the age of eighteen (18) years, whose date of birth is March 2, 1968, did, on or about and between the 1St day of November, 2018, and the 22Ind day of February, 2019, willfully, unlawfully, and feloniously entered into a conspiracy with Brett Dibiase, Gregory Latimer Smith, and others known and unknown to the grand jury, to commit the crime of embezzlement; fraud committed in public office in violation of ?97-11-3l To?wit: John Davis, all while acting as tlie'Eaecutive Director of the Mississippi Department of Human Services, conspired with Brett Dibiase, Gregory Latimer Smith, and others known and unknown to the grand jury, to defraud the Mississippi Department of Human Services, a department of the State of Mississippi, to obtain fortyaeight thousand dollars, $48,000.00 in payment from the public funds of the State of Mississippi,,to be paid to Brett Dibiase, doing business as RestoreZ, LLC, utilizing a series of false and fraudulent claims, for the payment of a professional services contract between Brett Dibiase, doing business as RestoreZ, LLC, and the Mississippi Department of Human Services, knowing that Brett Dibiase failed to satisfy the requirements ofthe professional service agreement and that the invoice submitted by Brett Dibiase, doing business as Restore2, LLC, were false, fraudulent and untrue, all occurring within the jurisdiction of this court and in violation of Section 97-1-1 and Section 97-11-31, Mississippi Code Annotated (1972, as amended); COUNT IV based upon a series of acts connected together and constituting parts of a common scheme and plan, said John Davis, being a male human being above the age of eighteen (18) years, whose date of birth is March 2, 1968, did, on or about and between the 1St day of November, 2018, and the 22nd day of February, 2019 willfully, unlawfully, and feloniously, all while acting as the Executive Director of the Mississippi Department of Human Services, while acting in concert and/or aiding, and assisting Brett Dibiase, Gregory Latimer Smith, and others known and unknown 0?10- 44: Mad to the grand jury, perpetrated a fraud upon the Mississippi Department of Human Services, a department of the State of Mississippi, to obtain forty?eight thousand dollars, $48,000.00 in payment from the public funds of the State of Mississippi, to be paid to Brett Dibiase, doing business as Restore2, LLC, utilizing a series of false and fraudulent claims, for the payment of a professional services contract between Brett Dibiase, doing business as Restore2, LLC, and the Mississippi Department of Human Services, knowing that Brett Dibiase failed to satisfy the requirements of the professional service agreement and that the invoices submitted by Brett Dibiase, doing business as Restore2, LLC, were false, fraudulent and untrue, all occurring within the jurisdiction of this court and in violation of Section 97-11?31, Mississippi Code Annotated (1972, as amended); and, COUNT based upon a series of acts connected together and constituting parts of a common scheme and plan, John Davis, being a male human being above the age of eighteen (18) years, whose date of birth is March 2, 1968, did, on or about and between the day of November, 2018, and the 22?1d day of February, 2019, willfully, unlawfully, and feloniously, with intent to defraud the State of Mississippi or any department, agency, of?ce, board, commission, county, municipality or other subdivision of the state or local government, knowingly and willfully falsi?ed, concealed or covered up by trick, scheme or device, a material fact, or made a false, ?ctitious and fraudulent statements or representations, or made or used any false writing or document knowing that the same contained false, ?ctitious and fraudulent statements or entries, To-wit: John Davis, all while acting as the Executive Director of the Mississippi Department of Human Services, while acting in concert and/or aiding, and assisting Brett Dibiase, Gregory Latimer Smith and others known and unknown to the grand jury, falsi?ed documents, invoices, books, reports, ledgers, and concealed and covered up by trick that Brett Dibiase, doing business as Restore2, LLC, failed to complete the requirements of his professional service agreement with the Mississippi Department of Human Services and that the invoices submitted to the Mississippi Department of Human Services re?ecting the same were false, fraudulent and untrue all for the purpose of defrauding the Mississippi State Department of Human Services into paying Brett Dibiase, doing business as Restore2, LLC, forty-eight thousand dollars, $48,000.00 in payment from the public funds of the State of Mississippi, for work that Brett Dibiase, doing business as Restore2, LLC, failed to do, all occurring within the jurisdiction of this court and in violation of Section 97-7-10, Mississippi Code nnotated (1972, as amended). All of the above, Count I, Count 11, Count 111, Count IV and Count being contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the State of Mississippi. Endorse x, ssistantDislrio??flor Foreman DISTRICT ATTORNEY MAIN DISPLAY JUDICIAL DISTRICT I DATE REcv _2-o4--2020 REVIEW BY CONTROL NO 44121 BOOK NUMBER -- ORIC CASE NUMBER 254979390 ORIG ORIG NAME R/s w/M SSN -- AKA MORE AKA EXIST 3702*1968 DOBZ 7 DOB3 PHONEZ PHONE3 ADDRESS CITY STATE BROORHAVENJS ZIP -- OFFENSE DATE --11--2019 ARREST DATE HABITUAL TO GRAND JURY TERM 7, SESSION OTHER CASES MORE EXIST CO DEFENDANTS MORE EXIST VICTIMS MORE EXIST WITNESSES MORE EXIST FAMILY MORE EXIST VAC ADD MORE JAIL JPY CIRCUIT COURT COUNTY COURT COURT ADMIN TRANSMIT-NEXT mu INDICTMENT Conspiracy ?97-1?l CIRCUIT COURT NO. 7 2 ig Fraudulent Statements ?97-7- 10 THE STATE or MISSISSIPPI Circuit Court .1 FIRST DISTRICT, HINDS COUNTY FEB 04 2028 January Term, A.D., 2020 ZACK WALLACE, Ci'?cui?r CLERK District of Hinds County it The Grand Jurors of the State of Mississippi, taken from the body of good and lawful persons of the First Judicial District of Hinds County, in the State of Mississippi, elected, impanelled, sworn and charged to inquire in and for said District, County and State aforesaid, in the name and by the authority of the State of Mississippi, upon their oath present: That Brett Dibiase while acting in concert and/or aiding, assisting or encouraging another or others, to-wit: Latimer Smith, Iohn'Davis, and others known and unknown to the grand jury In said District, County and State COUNT I on, about and between the 1St day of November, 2018, and the 22?1d day of February, 2019, in the county aforesaid and within the jurisdiction of this Court, the said defendant being a male human being above the age of eighteen (18) years, whose date of birth is March 16, 1983, did willfully, unlawfully, and feloniously entered into a conspiracy with Latimer Smith, John Davis, and others known and unknown to the grand jury, to commit the crime of embezzlement in violation of To-wit: Brett Dibiase, conspired with Latimer Smith, John Davis, Executive Director of the Mississippi Department of Human Services, and others known and unknown to the grand jury, to defraud the Mississippi Department of Human Services, a department of the State of Mississippi, to obtain forty-eight thousand dollars, $48,000.00 in payment from the public funds of the State of Mississippi, to be paid to Brett Dibiase, doing business as Restore2, LLC, utilizing a series of false and fraudulent claims, for the payment of a professional services contract between Brett Dibiase, doing business as Restore2, LLC, and the Mississippi Department of Human Services, knowing that Brett Dibiase failed to satisfy the requirements of the professional service agreement and that the invoices submitted by Brett Dibiase, doing business as Restore2, LLC, were false, fraudulent and untrue, all occurring within the jurisdiction of this court and in violation of Section 97?1-1 and Section Mississippi Code Annotated (1972, as amended); and, COUNT 11 based upon a series of acts connected together and constituting parts of a common scheme and plan, said Brett Dibiase, being a male human being above the age of eighteen (18) years, whose date of birth is March 16, 1983, did, on or about and between the 1St day ofNovember, 2018, and the 22nd day of February, 2019, willfully, unlawfully, and feloniously, with intent to defraud the 020,579?? State of Mississippi or any department, agency, office, board, commission, county, municipality or other subdivision of the state or local government, knowingly and willfully falsi?ed, concealed or covered up by trick, scheme or device, a material fact, or made a false, ?ctitious and fraudulent statements or representations, or made or used any false writing or document knowing that the same contained false, fictitious and fraudulent statements or entries, To?wit: Brett Dibiase, while acting in concert and/or aiding, and assisting Latimer Smith, John Davis, the Executive Director of the Mississippi Department of Human Services, and others known and unknown to the grand jury, falsi?ed documents, invoices, books, reports, ledgers, and concealed and covered up by trick that Brett Dibiase, doing business as RestoreZ, LLC, failed to complete the requirements of his professional service agreement with the Mississippi Department of Human Services and that the invoices submitted to the Mississippi Department of Human Services re?ecting the same were false, fraudulent and untrue all for the purpose of defrauding the Mississippi State Department of Human Services into paying Brett Dibiase, doing business as Restore2, LLC, forty-eight thousand dollars, $48,000.00 in payment from the public funds of the State of Mississippi, for work that Brett Dibiase, doing business as RestoreZ, LLC, failed to do, all occurring within the jurisdiction of this court and in violation of Section 97?7-10, Mississippi Code Annotated (1972, as amended). All of the above, Count I, and Count 11, being contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the State of Mississippi. Endorse 1'1. Bill Foremah?he tgrand Jury DISTRICT ATTORNEY MAIN DISPLAY JUDICIAL DISTRICT 1 DATE RECV 2--04--2020 REVIEW BY JM CONTROL No 44123 BOOK NUMBER -- ORIG CASE NUMBER 2571979390 AGENCY ORIG DIV NAME DIBIASE R/s w/M SSN -- AKA MORE AKA EXIST D051 [>052 DOE3 PHONEZ: ADDRESS CITY STATE ZIR -- OFFENSE DATE 1170172013 ARREST DATE HABITUAL 7 TO GRAND JURY 7 TERM SESSION OTHER CASES MORE EXIST CO OEFENOANTS MORE EXIST VICTIMS MORE EXIST WITNESSES MORE EXIST FAMILY MORE EXIST VAC ADD MORE JAIL CIRCUIT COURT COUNTY COURT COURT ADMIN TRANSMIT-NEXT 20,53- We INDICTMENT ConSpiracy ?97+1 CIRCUIT COURT 0 Fraudulent Statements ?97?23?l9(d) THE STATE OF MISSISSIPPI Circuit Court FEB 04 2020 .. .. January Term AD. 2020 . m? 7 First Judicial District BL of Hinds County FIRST DISTRICT, HINDS The Grand Jurors of the State of Mississippi, taken from the body of good and lawful persons of the First Judicial District of Hinds County, in the State of Mississippi, elected, impanelled, sworn and charged to inquire in and for said District, County and State aforesaid, in the name and by the authority of the State of Mississippi, upon their oath present: That Ann McGrew while acting in concert and/or aiding, assisting or encouraging another or others, to?wit: Nancy Whitten New, Zachery Whitten New and others known and unknown to the grand jury In said District, County and State COUNT I on, about and between the 20tll day September 2018 and the 20th day of October 2019, in the county aforesaid and within the jurisdiction of this Court, the said defendant being a female human being above the age of eighteen (18) years, whose date of birth is June 28, 1956, did willfully, unlawfully, and feloniously entered into a conspiracy with Nancy Whitten New, Zachery Whitten and others known and unknown to the grand jury, to commit the crime of embezzlement in violation of ?97?23?19, To?wit: Ann McGrew conspired with Nancy Whitten New, New, Zachery Whitten New and others known and unknown to the grand jury, to convert funds received by the Mississippi Community Education Center, a private non-pro?t entity responsible for distributing public grant funds received from the State of Mississippi by transferring funds owned by the Mississippi Community Education Center, from a bank account owned by the Mississippi Community Education Center, through a series of multiple transaction, into bank accounts owned by New Learning, Inc, a private for profit company owned by Nancy Whitten New and Zachery Whitten New, all occurring within the jurisdiction of this court and in violation of Section 97?1?1 and Section 97-23?19, Mississippi Code Annotated (1972, as amended); and COUNT II based upon a series of acts connected together and constituting parts of a common scheme and plan, said Ann McGrew, being a female human being above the age of eighteen (18) years, whose date of birth is June 28, 1956, did, on or about and between the 20th day of September 2018 and the 20th day of October 2019, willfully, unlawfully, and feloniously, with intent to defraud the State of Mississippi or any department, agency, office, board, commission, county, municipality or other subdivision of the state or local government, knowingly and willfully falsi?ed, concealed or covered up by trick, scheme or device, a material fact, or made a false, ?ctitious and fraudulent statements or representations, or made or used any false writing or document knowing that the same contained false, ?ctitious and fraudulent statements or entries, To?wit: Ann McGrew, while acting in concert and/or aiding, and assisting Nancy Whitten New, Zachery Whitten New and others known and unknown to the grand jury, falsi?ed documents, invoices, books, reports, ledgers, and accountings of the Mississippi Community Education Center, a private non-pro?t entity reSponsible for distributing public grant funds received from the State of Mississippi, at a time when she was the ?nancial book keeper of the Mississippi Community Education Center, to conceal that Nancy Whitten New and Zachery Whitten New had embezzled in excess of two million dollars, $2,000,000.00, from the Mississippi Community Education Center and converted such funds to their own use, all occurring within the jurisdiction of this court and in violation of Section 97-7?10, Mississippi Code Annotated (1972, as amended) All of the above, Count I, and Count II being contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the State of Mississippi. Endorsed: - True 11 Foremari/o he Gfand Jury DISTRICT ATTORNEY MAIN DISPLAY JUDICIAL DISTRICT 1 DAMAIN7612 DATE RECV _2--04--2020 BY CONTROL NO 44124 BOOK NUMBER ORIG CASE NUMBER 25--19--9464 ORIG AGENCY ORIG DIV NAME w/F SSN -- AKA MORE AKA EXIST DOEI 6-28>>1956 D052 DOE3 -- PHONEZ --JPY-- FHONE3 ADDRESS CITY STATE ZIF - OFFENSE DATE _9--20--2013 ARREST DATE -- HABITUAL 7 TO GRAND JURY JPY TERM SESSION OTHER CASES MORE EXIST co DEFENDANTS MORE EXIST VICTIMS MORE EXIST WITNESSES MORE EXIST FAMILY MORE EXIST VAC ADD MORE JAIL CIRCUIT COURT COUNTY COURT COURT ADMIN INDICTMENT Conspiracy ?97-1-1 CIRCUIT COURT No. 30:51.- EF Embezzlement Fraudulent Statements FELE- THE STATE OF MISSISSIPPI Circuit Court FEB 04 2020 . FIRST DISTRICT, HINDS COUNTY January Term, All, 2020 ZACK First Judicial District Bali J-Cof Hinds County The Grand Jurors of the State of Mississippi, taken from the body of good and lawful persons of the First Judicial District of Hinds County, in the State of Mississippi, elected, impanelled, sworn and charged to inquire in and for said District, County and State aforesaid, in the name and by the authority of the State of Mississippi, upon their oath present: That Nancy Whitten New while acting in concert and/or aiding, assisting or encouraging another or others, to-wit: Zachery Witten New, Ann McGrew and others known and unknown to the grand jury In said District, County and State COUNT I on, about and between the 20th day of September 2018 and the 20th day of October 2019, in the county aforesaid and within the jurisdiction of this Court, the said defendant being a female human being above the age of eighteen (18) years, whose date of birth is July 29, 1952, did willfully, unlawfully, and feloniously entered into a conspiracy with Zachery Whitten New, Ann McGrew and others known and unknown to the grand jury, to commit the crime of embezzlement in violation of ?97-23-19, To-wit: Nancy Whitten New conspired with Zachery Whitten New, Ann McGrew and others known and unknown to the grand jury, to convert funds received by the Mississippi Community Education Center, a private non-pro?t entity responsible for distributing public grant funds received from the State of Mississippi by transferring funds owned by the Mississippi Community Education Center, from a bank account owned by the Mississippi Community Education Center, through a series of multiple transaction, into bank accounts owned by New Learning, Inc, a private for pro?t company owned by Nancy Whitten New and Zachery Whitten New, all occurring within the jurisdiction of this court and in violation of Section 97?1?1 and Section 97-23-19, Mississippi Code Annotated (1972, as amended); COUNT II based upon a series of acts connected together and constituting parts of a common scheme and plan, said Nancy Whitten New, being a female human being above the age of eighteen (18) years, whose date of birth is July 29, 1952, did, on or about and between the 20?? day of September 2018 and the 20th day of October 2019, willfully, unlawfully, and feloniously embezzle, fraudulently secrete, conceal, or convert to her own use, or make way with, or secrete with intent to embezzle or convert to her own use, United States Funds, money, in a value in excess of 57% EFP $25,000.00, which United States Funds came into her possession and/or had been entrusted to Nancy Whitten New by virtue of her of?ce, position, place, or employment, either in mass or otherwise, To?wit: Nancy Whitten New, while acting in concert and/or aiding, and assisting Zachary Whitten New, while serving as the Executive Director Of the Mississippi Community Education Center, a private non-pro?t entity responsible for distributing public grant funds received from the State of Mississippi, transferred ?mds, in excess of two million dollars, $2,000,000.00, the property of the Mississippi Community Education Center, from a bank account owned by the Mississippi Community Education Center, through a series of multiple transaction, into bank accounts owned by New Learning, Inc, a private for pro?t company owned by Nancy Whitten New and Zachery Whitten New and thus converting such monies to her own use, all occurring within the jurisdiction of this court and in violation of Section 97-23-19 Mississippi Code Annotated (1972, as amended); and . COUNT based upon a series of acts connected together and constituting parts of a common scheme and plan, said Nancy Whitten New, being a female human being above the age of eighteen (18) years, whose date of birth is July 29, 1952, did, on or about and between the 20tll day of September 2018 and the 20th day of October 2019, willfully, unlawfully, and feloniously, with intent to defraud the State of Mississippi or any department, agency, of?ce, board, commission, county, municipality or other subdivision of the state or local government, knowingly and will?Jlly falsi?ed, concealed or covered up by trick, scheme or device, a material fact, or made a false, ?ctitious and fraudulent statements or representations, or made or used any false writing or document knowing that the same contained false, ?ctitious an fraudulent statements or entries, To- wit: Nancy Whitten New, while acting in concert and/or aiding, and assisting Zachery Whitten New, Ann McGrew and others known and unknown to the grand jury, falsi?ed documents, invoices, books, reports, ledgers, and accountings of the Mississippi Community Education Center, a private non?pro?t entity responsible for distributing public grant funds received from the State of Mississippi, at a time when she was in the position of Executive Director of the Mississippi Community Education Center, to conceal that she had embezzled in excess of two million dollars, $2,000,000.00, from the Mississippi Community Education Center and converted such funds to her own use, all occurring within the jurisdiction of this court and in violation of Section 97-7?10, Mississippi Code, Annotated (1972, as amended). All of the above, Count I, Count II and Count 111 being contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the State of Mississippi. Endorse-(l A Bill ?tlie Crancllury 3 nt Fo rem a: ATTORNEY MAIN DISPLAY JUDICIAL DISTRICT 1 DATE RECV 2704*2020 REVIEW BY CONTROL NO 2 44118 BOOK NUMBER - ORIG UIV ORIG CASE NUMBER 25*l9i9464 AGENCY NAME TTEN AKA R/s SEN -- MORE AKA EXIST 7772971952 D082 0033 -- -- PHOMEI - -- -- -- -- 7 7 CITY STfi ZIP 391577 DATE _9-20-2018 ARREST DATE HAEITUAL 7 To GRAND JURY 7 TERM SESSION 7-- OTHER CASES MORE EXIST co DEFENDANTS MORE EXIST VICTIMS MORE EXIST WITNESSES MORE EXIST FAMILY MORE EXIST VAC ADD MORE JAIL CIRCUIT COURT COUNTY COURT COURT ADMIN A FUNCTION 2--MORE, FUNCTION I--MENU 40- 51- 272/ INDICTMENT Conspiracy ?97-l?1 - 2 Counts CIRCUIT COURT NO. (Q0 Embezzlement ?97-23-l9(d) 6 Counts Mail Fraud ?97- 19-83 Fraudulent Statements FILE- THE STATE OF MISSISSIPPI Circuit Court 0 1\ FIRST DISTRICT, HINDS COUNTY FEB 4 2020 January Term, AD, 2020 ZACK WALLACE- CLERK First Judicial District BY M. of Hinds County The Grand Jurors of the State of Mississippi, taken from the body of good and lawful persons of the First Judicial District of Hinds County, in the State of Mississippi, elected, impanelled, sworn and charged to inquire in and for said District, County and State aforesaid, in the name and by the authority of the State of Mississippi, upon their oath present: That Nancy Whitten New while acting in concert and/or aiding, assisting or encouraging another or others, to?wit: Zachery Whitten New, and others known and unknown to the grand jury In said District, County and State COUNT I on, about and between the 18th day of January, 2019 and the 7th day of October 2019, in the county aforesaid and within the jurisdiction of this Court, the said defendant being a female human being above the age of eighteen (18) years, whose date of birth is July 29, 1952, did willfully, unlawfully, and feloniously entered into a conspiracy with Zachery Whitten New, and others known and unknown to the grand jury, to commit the crime of embezzlement in violation of ?97-23-19, To-wit: Nancy Whitten New conspired with Zachery Whitten New, and others known and unknown to the grand jury, to convert funds received by the Mississippi Community Education Center, 'la private non-pro?t entity responsible for distributing public grant funds received from the State of Mississippi by transferring ?Jnds owned by the Mississippi Community Education Center, from their bank account, Regions Bank Account Number 0035997729, through a series of multiple transaction, into bank accounts owned by Prevacus, Suntrust Bank Account Number 1000225647709, and PresolMD, Suntrust Bank Account Number 100026094924, Florida based biomedical companies, which transferred funds were used to purchase investment interests in Prevacous and PresolMD which investment interests were owned by Nancy Whitten New and Zachery Whitten New, all occurring within the jurisdiction of this court and in violation of Section 97?1-1 and Section 97?23-19, Mississippi Code Annotated (1972, as amended); COUNT II based upon a series of acts connected together and constituting parts of a common scheme and plan, said Nancy Whitten New, being a female human being above the age of eighteen (18) years, whose date of birth is July 29, 1952, did, on, about and between the 18?? day of January, 020- .rg mu: 2019 and the 7th day of October 2019, in the county aforesaid and within the jurisdiction of this Court, willfully, unlawfully, and feloniously entered into a conspiracy with Zachery Whitten New, and others known and unknown to the grand jury, to commit the crime of Mail Fraud in violation of ?97?19?83, To-wit: Nancy Whitten New, all while acting as the Executive Director of the Mississippi Community Education Center, a private non?pro?t entity responsible for distributing public grant funds received from the State of Mississippi, conspired with Zachery Whitten New, the Assistant Executive Director of the Mississippi Community Education Center, and others known and unknown to the grand jury, to devise or intend to devise a scheme or arti?ce to defraud the Mississippi Community Education Center, by transferring funds owned by the Mississippi Community Education Center, from their bank account, Regions Bank Account Number 0035997729, through a series of multiple transaction, into bank accounts owned by Prevacus, Suntrust Bank Account Number 1000225647709, and PresolMD, Suntrust Bank Account Number 100026094924, Florida based biomedical companies, which transferred funds were used to purchase investment interests in Prevacous and PresolMD which investment interests were owned by Nancy Whitten New and Zachery Whitten New, by means of a false or fraudulent pretenses, represented or promised, for the purpose of executing such scheme or arti?ce or attempting so to do, conspired to transmit or caused to be transmitted by mail, telephone, newspaper, radio, television, wire, electromagnetic waves, microwaves, or other means of communication or by person, any writings, signs, signals, pictures, sounds, data, or other matter across state jurisdictional lines, all occurring within the jurisdiction of this court and in violation of Section 97?1?1 and Section 97?19?83, Mississippi Code Annotated (1972, as amended); COUNT based upon a series of acts connected together and constituting parts of a common scheme and plan, said Nancy Whitten New, being a female human being above the age of eighteen (18) years,- whose date of birth is July 29, 1952, did, on or about the 18th day of January, 2019, willfully, unlawfully, and feloniously embezzle, fraudulently secrete, conceal, or convert to her own use, or make way with, or secrete with intent to embezzle or convert to her own use, United States Funds, money, in a value in excess of $25,000.00, which United States Funds came into her possession and/or had been entrusted to Nancy Whitten New by virtue of her of?ce, position, place, or employment, either in mass or otherwise, To-wit: Nancy Whitten New, while acting in concert and/or aiding, and assisting Zachary Whitten New, While serving as the Executive Director of the Mississippi Community Education Center, a private non-pro?t entity responsible for distributing public grant funds received from the State of Mississippi, transferred seven hundred and ?fty thousand dollars, $750,000.00, via check, check number 8307, the property of the Mississippi Community Education Center, from their bank account, Regions Bank Account Number 0035997729, to a bank account owned by Prevacus, Suntrust Bank Account Number 1000225647709, a Florida based biomedical company, which transferred funds were used to purchase an investment interest in Prevacous which investment interest was owned by Nancy Whitten New and Zachery Whitten New, all occurring within the jurisdiction of this court and in violation of Section Mississippi Code Annotated (1972, as amended); 020,93me COUNT IV based upon a series of acts connected together and constituting parts of a common scheme and plan, said Nancy Whitten New, being a female human being above the age of eighteen (18) years, whose date of birth is July 29, 1952, did, on or about the 8th day of April, 2019, willfully, unlawfully, and feloniously embezzle, fraudulently secrete, conceal, or convert to her own use, or make way with, or secrete with intent to embezzle or convert to her own use, United States Funds, money, in a value in excess of $25,000.00, which United States Funds came into her possession and/or had been entrusted to Nancy Whitten New by virtue of her office, position, place, or employment, either in mass or otherwise, To?wit: Nancy Whitten New, while acting in conceit and/or aiding, and assisting Zachary Whitten New, while serving as the Executive Director of the Mississippi Community Education Center, a private non-profit entity responsible for distributing public grant funds received from the State of Mississippi, transferred ?ve hundred thousand dollars, $500,000.00, via wire, the property of the Mississippi Community Education Center, from their bank account, Regions Bank Account Number 0035997729, to a bank account owned by Prevacus, Suntrust Bank Account Number 1000225647709, a Florida based biomedical company, which transferred funds were used to purchase an investment interest in Prevacous which investment interest was owned by Nancy Whitten New and Zachery Whitten New, all occurring within the jurisdiction of this court and in violation of Section Mississippi Code Annotated (1972, as amended); COUNT based upon a series of acts connected together and constituting parts of a common scheme and plan, said Nancy Whitten New, being a female human being above the age of eighteen (18) years, Whose date of birth is July 29, 1952, did, on or about the 10th day of May, 2019, willfully, unlawfully, and feloniously embezzle, fraudulently secrete, conceal, or convert to her own use, or make way with, or secrete with intent to embezzle or convert to her own use, United States Funds, money, in a value in excess of $25,000.00, which United States Funds came into her possession and/or had been entrusted to Nancy Whitten New by virtue of her of?ce, position, place, or employment, either in mass or otherwise, To?wit: Nancy Whitten New, while acting in concert and/or aiding, and assisting Zachary Whitten New, while serving as the Executive Director of the Mississippi Community Education Center, a private non?pro?t entity responsible for distributing public grant funds received from the State of Mississippi, transferred two hundred and ?fty thousand dollars, $250,000.00, via wire, the property of the Mississippi Community Education Center, from their bank account, Regions Bank Account Number 0035997729, to a bank account owned by Prevacus, Suntrust Bank Account Number 1000225647709, a Florida based biomedical company, which transferred funds were used to purchase an investment interest in Prevacous which investment interest was owned by Nancy Whitten New and Zachery Whitten New, all occurring within the jurisdiction of this court and in violation of Section Mississippi Code Annotated (1972, as amended); COUNT VI based upon a series of acts connected together and constituting parts of a common scheme and plan, said Nancy Whitten New, being a female human being above the age of eighteen (18) 910-5?? years, whose date of birth is July 29, 1952, did, on or about the 16?11 day ofJuly, 2019, willfully, unlawfully, and feloniously embezzle, fraudulently secrete, conceal, or convert to her own use, or make way with, or secrete with intent to embezzle or convert to her own use, United States Funds, money, in a value in excess of $25,000.00, which United States Funds came into her possession and/or had been entrusted to Nancy Whitten New by virtue of her of?ce, position, place, or employment, either in mass or otherwise, To?wit: Nancy Whitten New, while acting in concert and/or aiding, and assisting Zachary Whitten New, while serving as the Executive Director of the Mississippi Community Education Center, a private non?pro?t entity responsible for distributing public grant funds received from the State of Mississippi, transferred four hundred thousand dollars, $400,000.00, via wire, the preperty of the Mississippi Community Education Center, from their bank account, Regions Bank Account Number 0035997729, to a bank account owned by Prevacus, Suntrust Bank Account Number 1000225647709, a Florida based biomedical company, which transferred funds were used to purchase an investment interest in Prevacous which investment interest was owned by Nancy Whitten New and Zachery Whitten New, all occurring within the jurisdiction of this court and in violation of Section Mississippi Code Annotated (1972, as amended); COUNT VII based upon a series of acts connected together and constituting parts of a common scheme and plan, said Nancy Whitten New, being a female human being above the age of eighteen (18) years, whose date of birth is July 29, 1952, did, on or about the 24th day of September, 2019, willfully, unlawfully, and feloniously embezzle, fraudulently secrete, conceal, or convert to her own use, or make way with, or secrete with intent to embezzle or convert to her own use, United States Funds, money, in a value in excess of $125,000.00, which United States Funds came into her possession and/or had been entrusted to Nancy Whitten New by virtue of her of?ce, position, place, or employment, either in mass or otherwise, To?wit: Nancy Whitten New, while acting in concert and/or aiding, and assisting Zachary Whitten New, while serving as the Executive Director of the Mississippi Community Education Center, a private non-pro?t entity responsible for distributing public grant funds received from the State of Mississippi, transferred one hundred thousand dollars, $100,000.00, via wire, the property of the Mississippi Community Education Center, from their bank account, Regions Bank Account Number 0035997729, to a bank account owned by PresolMD, Suntrust Bank Account Number 10002609424, a Florida based biomedical company, which transferred funds were used to purchase an investment interest in PresolMD which investment interest was owned by Nancy Whitten New and Zachery Whitten New, all occurring within the jurisdiction of this court and in violation of Section Mississippi Code Annotated (1972, as amended); COUNT based upon a series of acts connected together and constituting parts of a common scheme and plan, said Nancy Whitten New, being a female human being above the age of eighteen (18) years, whose date of birth is July 29, 1952, did, on or about the 7th day of October, 2019, willfully, unlawfully, and feloniously embezzle, fraudulently secrete, conceal, or convert to her own use, or make way with, or secrete with intent to embezzle or convert to her own use, United States Funds, money, in a value in excess of $25,000.00, which United States Funds came into her possession 010? g3,? MILK and/or had been entrusted to Nancy Whitten New by virtue of her office, position, place, or employment, either in mass or otherwise, To-wit: Nancy Whitten New, while acting in concert and/or aiding, and assisting Zachary Whitten New, while serving as the Executive Director of the Mississippi Community Education Center, a private non?pro?t entity reSponsible for distributing public grant funds received from the State of Mississippi, transferred one hundred thousand dollars, $1500,000.00, via wire, the property of the Mississippi Community Education Center, from their bank account, Regions Bank Account Number 0035997729, to a bank account owned by PresolMD, Suntrust Bank Account Number 1000225647709, a Florida based biomedical company, which transferred funds were used to purchase an investment interest in PresolMD which investment interest was owned by Nancy Whitten New and Zachery Whitten New, all occurring within the jurisdiction of this court and in violation of Section Mississippi Code Annotated (1972, as amended); COUNT IX based upon a series of acts connected together and constituting parts of a common scheme and plan, said Nancy Whitten New, being a female human being above the age of eighteen (18) years, whose date of birth is July 29, 1952, did, on, about and between the 18th day of January, 2019 and the 7?h day of October 2019, in the county aforesaid and within the jurisdiction of this Court, willfully, unlawfully, and feloniously all while acting as the Executive Director of the Mississippi Community Education Center, a private non?pro?t entity responsible for distributing public grant funds received from the State of Mississippi, while acting in concert and/or aiding, and assisting Zachary Whitten New, the Assistant Executive Director of the Mississippi Community Education Center, and others known and unknown to the grand jury, devised or intended to devise a scheme or arti?ce to defraud the Mississippi Community Education Center, by transferring funds owned by the Mississippi Community Education Center, from their bank account, Regions Bank Account Number 0035997729, through a series of multiple transaction, into bank accounts owned by Prevacus, Suntrust Bank Account Number 1000225647709, and PresolMD, Suntrust Bank Account Number. 100026094924, Florida based biomedical companies, which transferred funds were used to purchase investment interests in Prevacous and PresolMD which investment interests were owned by Nancy Whitten New and Zachery Whitten New, by means of a false or fraudulent pretenses, represented or promised, for the purpose of executing such scheme or artifice or attempting so to do, transmitted or caused to be transmitted by mail, telephone, newspaper, radio, television, wire, electromagnetic waves, microwaves, or other means of communication or by person, any writings, signs, signals, pictures, sounds, data, or other matter across state jurisdictional lines, all occurring within the jurisdiction of this court and in violation of Section 97?19?83, Mississippi Code Annotated (1972, as amended); COUNT based upon a series of acts connected together and constituting parts of a common scheme and plan, said Nancy Whitten New, being a female human being above the age of eighteen (18) years, whose date of birth is July 29, 1952, did, on or about and between 18th day ofJanuary, 2019 and the 7th day of October 2019, willfully, unlawfully, and feloniously with the intent to defraud the State of Mississippi or any department, agency, of?ce, board, commission, county, municipality or other subdivision of the state or local government, knowingly and willfully .20? ?3 WLK falsi?ed, concealed or covered up by trick, scheme or device, a material fact, or made a false, ?ctitious and fraudulent statements or representations, or made or used any false writing or document knowing that the same contained false, ?ctitious an fraudulent statements or entries, To- wit: Nancy Whitten New, while acting in concert and/or aiding, and assisting Zachery Whitten New, and others known and unknown to the grand jury, falsified documents, invoices, books, reports, ledgers, and accountings of the Mississippi Community Education Center, a private non? profit entity responsible for distributing public grant funds received from the State of Mississippi, at a time when she was in the position of Executive Director of the Mississippi Community Education Center, to conceal that she had embezzled 2.15 million dollars, from the Mississippi Community Education Center which embezzled funds were used to purchase investment interests in Prevacous and PresolMD, Florida based biomedical companies, which investment interests were owned by Nancy Whitten New and Zachery Whitten New, all occurring within the jurisdiction of this court and in violation of Section 97?7?10, Mississippi Code Annotated (1972, as amended). All of the above, Count I, Count 11, Count Count IV, Count V, Count VI, Count VII, Count Count IX and Count being contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the State of Mississippi. Endors d: A Bill FOICW of tlie Grand Jury DISTRICT ATTORNEY MAIN DISPLAY JUDICIAL DISTRICT 1 DAMAIN7612 DATE RECV 370472020 REVIEW BY JM CONTROL No 44126 BOOK NUMBER -- ORIG CASE NUMBER 25-1979464 ORIG DIV NAME R/s SSN -- AKA MORE AKA EXIST 7-2971952 DOE2 D0133 -- PHONEZ 7 PHONE3 ADDRESS STREET CITY STATE ZIP 39157-- OFFENSE DATE _1--18--2019 ARREST DATE HAEITUAL 7 TO GRAND JURY TERM SESSION i, OTHER CASES MORE EXIST CO MORE EXIST VICTIMS MORE EXIST WITNESSES MORE EXIST FAMILY MORE EXIST VAC ADD MORE JAIL CIRCUIT COURT 7 COUNTY COURT COURT ADMIN 7 .204'3-- WLK INDICTMENT Conspiracy ?97?1?l CIRCUIT COURT NO. J0 S?c/ HEmbezzlement; Fraud committed in Public Of?ce ?97-11?3l Fraudulent Statements ?97?7-10 FILE- THE STATE OF MISSISSIPPI Circuit Court FIRST DISTRICT, HINDS COUNTY FEB 0 4 2029 January Term, AD, 2020 ZACK CIRCUIT CLERK First Judicial District I BY of Hinds County The Grand Jurors of the State of Mississippi, taken from the body of good and lawful persons of the First Judicial District of Hinds County, in the State of Mississippi, elected, impanelled, sworn and charged to inquire in and for said District, County and State aforesaid, in the name and by the authority of the State of Mississippi, upon their oath present: That Gregory Latimer Smith while acting in concert and/or aiding, assisting or encouraging another or others, to?wit: Brett Dibiase, John Davis, and others known and unknown to the grand jury In said District, County and State COUNT I on, about and between the 1St day of November, 2018, and the 22nd day of February, 2019, in the county aforesaid and within the jurisdiction of this Court, the said defendant being a male human being above the age of eighteen (18) years, whose date of birth is December 24, 1993, did willfully, unlawfully, and feloniously entered into a conspiracy with Brett Dibiase, John Davis, and others known and unknown to the grand jury, to commit the crime of embezzlement; fraud committed in public of?ce in violation of ?97-1 1-31 To-wit: Latimer Smith, all while serving as an employee of the Mississippi Department of Human Services, conspired with Brett Dibiase, John Davis, Executive Director of the Mississippi Department of Human Services, and others known and unknown to the grand jury, to defraud the Mississippi Department of Human Services, a department of the State of Mississippi, to obtain f01ty?eight thousand dollars, $48,000.00 in payment from the public funds of the State of Mississippi, to be paid to Brett Dibiase, doing business as Restore2, LLC, utilizing a series of false and fraudulent claims, for the payment of a professional services contract between Brett Dibiase, doing business as Restore2, LLC, and the Mississippi Department of Human Services, knowing that Brett Dibiase failed to satisfy the requirements of the professional service agreement and that the invoices submitted by Brett Dibiase, doing business as Restore2, LLC, were false, fraudulent and untrue, all occurring within the jurisdiction of this court and in violation of Section 97?1-1 and Section 97?11?31, Mississippi Code Annotated (1972, as amended); COUNT II based upon a series of acts connected together and constituting parts of a common scheme and plan, said Gregory Latimer Smith, being a male human being above the age of eighteen (l 8) years, whose date of birth is December 24, 1993, did, on or about and between the day of November, 2018, and the 22nd day of February, 2019, will?illy, unlawfully, and feloniously, while acting in concert and/or aiding, and assisting Brett Dibiase, John Davis, Executive Director of the Mississippi Department of Human Services, and others known and unknown to the grand jury, perpetrated a fraud upon the Mississippi Department of Human Services, a department of the State of Mississippi, to obtain forty-eight thousand dollars, $48,000.00 in payment from the public funds of the State of Mississippi, to be paid to Brett Dibiase, doing business as Restore2, LLC, utilizing a series of false and fraudulent claims, for the payment of a professional services contract between Brett Dibiase, doing business as Restore2, LLC, and the Mississippi Department of Human Services, knowing that Brett Dibiase failed to satisfy the requirements of the professional service agreement and that the invoices submitted by Brett Dibiase, doing business as Restore2, LLC, were false, fraudulent and untrue, all occurring within the jurisdiction of this court and in violation of Section 97-1 1?3 1, Mississippi Code Annotated (1972, as amended); COUNT based upon a series of acts connected together and constituting parts of a common scheme and plan, Gregory Latimer Smith, being a male human being above the age of eighteen (18) years, whose date of birth is December 24, 1993, did, on or about and between the 1St day of November, 2018, and the 22nd day of February, 2019, willfully, unlawfully, and feloniously, with intent to defraud the State of Mississippi or any department, agency, of?ce, board, commission, county, municipality or other subdivision of the state or local government, knowingly and willfully falsi?ed, concealed or covered up by trick, scheme or device, a material fact, or made a false, ?ctitious and fraudulent statements or representations, or made or used any false writing or document knowing that the same contained false, ?ctitious and ?audulent statements or entries, To-wit: Latimer Smith, all while acting as an employee of the Mississippi Department of Human Services, while acting in concert and/or aiding, and assisting Brett Dibiase, John Davis, the Executive Director of the Mississippi Department of Human Services, and others known and unknown to the grand jury, falsi?ed documents, invoices, books, reports, ledgers, and concealed and covered up by trick that Brett Dibiase, doing business as RestoreZ, LLC, failed to complete the requirements of his professional service agreement with the Mississippi Department of Human Services and that the invoices submitted to the Mississippi Department of Human Services re?ecting the same were false, fraudulent and untrue all_,f0r the purpose of defrauding the Mississippi State Department of Human Services into paying Brett Dibiase, doing business as Restore2, LLC, forty-eight thousand dollars, $48,000.00 in payment ?om the public funds of the State of Mississippi, for work that Brett Dibiase, doing business as Restore2, LLC, failed to do, all occurring within the jurisdiction of this court and in violation of Section 97?7?10, Mississippi Code Annotated (1972, as amended). All of the above, Count I, Count II, and Count being contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the State of Mississippi. Ends-1's d; A "tie Bill ForemUnUo th??x?iraud Jury DISTRICT ATTORNEY MAIN DISPLAY JUDICIAL DISTRICT I DAMAIN--612 DATE RECV 72--0472020 REVIEW BY JM CONTROL No 44122 BOOK NUMBER ORIG CASE NUMBER 25719--9390 --ORIG AGENCY ORIG DIV NAME -- AKA MORE AKA EXIST 1272471993 DOEZ D053 447 PHONE3 ADDRESS CITY STATE ZIP DATE 11*01--2018 ARREST DATE JPY4--47-- HABITUAL TO GRAND JURY TERM SESSION 47~ OTHER CASES MORE EXIST co DEFENDANTS MORE EXIST VICTIMS MORE EXIST WITNESSES MORE EXIST FAMILY MORE EXIST VAC ADD MORE JAIL CIRCUIT COURT COUNTY COURT COURT ADMIN T--MENU OW a'Q INDICTMENT ConSpiracy ?97-1-1 - 2 Counts CIRCUIT COURT NCI. Embezzlement 6 Counts Mail Fraud ?97-19-83 Fraudulent Statements ?97-23419(d) FILE- THE STATE OF MISSISSIPPI Circuit Court FIRST DISTRICT, HINDS COUNTY FEB 0 4 2020 January Term, AD, 2020 ZACK WALLACE. IT CLERK First Judicial District BY of Hinds County The Grand Jurors of the State of Mississippi, taken from the body of good and lawful persons of the First Judicial District of Hinds County, in the State of Mississippi, elected, impanelled, sworn and charged to inquire in and for said District, County and State aforesaid, in the name and by the authority of the State of Mississippi, upon their oath present: That Zachery Whitten New while acting in concert and/or aiding, assisting or encouraging another or others, to?wit: Nancy Whitten New, and others known and unknown to the grand jury In said District, County and State COUNT I on, about and between the 18th day of January, 2019 and the 7th day of October 2019, in the county aforesaid and within the jurisdiction of this Court, the said defendant being a male human being above the age of eighteen (18). years, Whose date of birth is February 7, 1983, did willfully, unlawfully, and feloniously entered into a conspiracy with Nancy Whitten New, and others known and unknown to the grand jury, to commit the crime of embezzlement in violation of ?97~23-19, To-wit: Zachery Whitten New, all while acting as the Assistant Executive Director of the Mississippi Community Education Center, a private non?pro?t entity responsible for distributing public grant funds received from the State of Mississippi, conspired with Nancy ?Whitten New the Executive Director of the Mississippi Community Education Center and others known and unknown to the grand jury, to convert funds received by the Mississippi Community Education Center, a private non-pro?t entity responsible for distributing public grant funds received from the State of Mississippi, by transferring funds owned by the Mississippi Community Education Center, from their bank account, Regions Bank Account Number 0035997729, through a series of multiple transaction, into bank accounts owned by Prevacus, Suntrust Bank Account Number 1000225647709, and PresolMD, Suntrust Bank Account Number 100026094924, Florida based biomedical companies, which transferred funds were used to purchase investment interests in Prevacous and PresolMD which investment interests were owned by Nancy Whitten New and Zachery Whitten New, all occurring within the jurisdiction of this court and in violation of Section 97?1-1 and Section 97-23?19, Mississippi Code Annotated (1972, as amended); ?20453: TFQ COUNT II based upon a series of acts connected together and constituting parts of a common scheme and plan, said Zachery Whitten New, being a male human being above the age of eighteen (18) years, whose date of birth is February 7, 1983, did, on or about the 18th day of January, 2019 and the 7th day of October, in the county aforesaid and within the jurisdiction of this Court, willfully, unlaw?illy, and feloniously entered into a conspiracy with Nancy Whitten New, and others known and unknown to the grand jury, to commit the crime of Mail Fraud in violation of ?97-19?83, To? wit: Zachery Whitten New, all while acting as the Assistant Executive Director of the Mississippi Community Education Center, a private non?pro?t entity responsible for distributing public grant ?inds received from the State of Mississippi, conspired with Nancy Whitten New, the Executive Director of the Mississippi Community Education Center, and others known and unknown to the grand jury, to devise or intend to devise a scheme or arti?ce to defraud the Mississippi Community Education Center, by transferring funds owned by the Mississippi Community Education Center, from their bank account, Regions Bank Account Number 0035997729, through a series of multiple transaction, into bank accounts owned by Prevacus, Suntrust Bank Account Number 1000225647709, and PresolMD, Suntrust Bank Account Number 100026094924, Florida based biomedical companies, which transferred funds were used to purchase investment interests in Prevacous and PresolMD which investment interests were owned by Nancy Whitten New and Zachery Whitten New, by means of a false or fraudulent pretenses, represented or promised, for the purpose of executing such scheme or arti?ce or attempting so to do, conspired to transmit or caused to be transmitted by mail, telephone, newspaper, radio, television, wire, electromagnetic waves, microwaves, or other means of communication or by person, any writings, signs, signals, pictures, sounds, data, or other matter across state jurisdictional lines, all occurring within the jurisdiction of this court and in violation of Section 97?1-1 and Section 97?19-83, Mississippi Code Annotated (1972, as amended); COUNT based upon a series of acts connected together and constituting parts of a common scheme and plan, said Zachery Whitten New, being a male human being above the age of eighteen (18) years, whose date of birth is February 7, 1983, did, on or about the 18th day of January, 2019, willfully, unlawfully, and feloniously embezzle, fraudulently secrete, conceal, or convert to his own use, or make way with, or secrete with intent to embezzle or convert to his own use, United States Funds, money, in a value in excess of $25,000.00, which United States Funds came into his possession and/or had been entrusted to Zachery Whitten New by virtue of his of?ce, position, place, or employment, either in mass or otherwise, To-wit: Zachery Whitten New, while acting in concert and/or aiding, and assisting Nancy Whitten New, while serving as the Assistant Executive Director of the Mississippi Community Education Center, a private non-pro?t entity responsible for distributing public grant ?inds received from the State of Mississippi, transferred seven hundred and ?fty thousand dollars, $750,000.00, via check, check number 8307, the property of the Mississippi Community Education Center, from their bank account, Regions Bank Account Number 0035997729, to a bank account owned by Prevacus, Suntrust Bank Account Number 1000225647709, a Florida based biomedical company, which transferred ?inds were used to purchase an investment interest in Prevacous which investment interest was owned by Nancy 020 .. 5?5: 77? Whitten New and Zachery Whitten New, all occurring within the jurisdiction of this court and in violation of Section Mississippi Code Annotated (1972, as amended); COUNT IV based upon a series of acts connected together and constituting parts of a common scheme and plan, said Zachery Whitten New, being a male human being above the age of eighteen (18) years, whose date of birth is February 7, 1983, did, on or about the day of April, 2019, willfully, unlawfully, and feloniously embezzle, fraudulently secrete, conceal, or convert to his own use, or make way with, or secrete with intent to embezzle or convert to his own use, United States Funds, money, in a value in excess of $25,000.00, which United States Funds came into his possession and/or had been entrusted to Zachery Whitten New by virtue of his of?ce, position, place, or employment, either in mass or otherwise, To-wit: Zachery Whitten New, while acting in concert and/or aiding, and assisting Nancy Whitten New, while serving as the Assistant Executive Director of the Mississippi Community Education Center, a private non-profit entity responsible for distributing public grant funds received from the State of Mississippi, transferred ?ve hundred thousand dollars, $500,000.00, via wire, the property of the Mississippi Community Education Center, from their bank account, Regions Bank Account Number 0035997729, to a bank account owned by Prevacus, Suntrust Bank Account Number 1000225647709, a Florida based biomedical company, which transferred funds were used to purchase an investment interest in Prevacous which investment interest was owned by Nancy Whitten New and Zachery Whitten New, all occurring within the jurisdiction of this court and in Violation of Section Mississippi Code Annotated (1972, as amended); COUNT based upon a series of acts connected together and constituting parts of a commOn scheme and plan, said Zachery Whitten New, being a male human being above the age of eighteen (18) years, whose date of birth is February 7, 1983, did, on or about the 10th day of May, 2019, willfully, unlawfully, and feloniously embezzle, fraudulently secrete, conceal, or convert to his own use, or make way with, or secrete with intent to embezzle or convert to his own use, United States Funds, money, in a value in excess of $25,000.00, which United States Funds came into his possession and/or had been entrusted to Zachery Whitten New by virtue of his office, position, place, or employment, either in mass or otherwise, To-wit: Zachery Whitten New, while acting in concert and/ or aiding, and assisting Nancy Whitten New, while serving as the Assistant Executive Director of the Mississippi Community Education Center, a private non?pro?t entity responsible for distributing public grant funds received from the State of Mississippi, transferred two hundred and fifty thousand dollars, $250,000.00, via wire, the property of the Mississippi Community Education Center, from their bank account, Regions Bank Account Number 0035997729, to a bank account owned by Prevacus, Suntrust Bank Account Number 1000225647709, a Florida based biomedical company, which transferred funds were used to purchase an investment interest in Prevacous which investment interest was owned by Nancy Whitten New and Zachery Whitten New, all occurring within the jurisdiction of this court and in violation of Section Mississippi Code Annotated (1972, as amended); 9249-532? 77?; COUNT VI based upon a series of acts connected together and constituting parts of a common scheme and plan, said Zachery Whitten New, being a male human being above the age of eighteen (18) years, whose date of birth is February 7, 1983, did, on or about the 16th day of July, 2019, willfully, unlawfully, and feloniously embezzle, fraudulently secrete, conceal, or convert to his own use, or make way with, or secrete with intent to embezzle or convert to his own use, United States Funds, money, in a value in excess of $25,000.00, which United States Funds came into his possession and/or had been entrusted to Zachery Whitten New by virtue of his of?ce, position, place, or employment, either in mass or otherwise, To-wit: Zachery Whitten New, while acting in concert and/or aiding, and assisting Nancy Whitten New, while serving as the Assistant Executive Director of the Mississippi Community Education Center, a private non?pro?t entity responsible for distributing public grant funds received from the State of Mississippi, transferred four hundred thousand dollars, $400,000.00, via wire, the property of the Mississippi Community Education Center, from their bank account, Regions Bank Account Number 003 5997729, to a bank account owned by Prevacus, Suntrust Bank Account Number 1000225647709, a Florida based biomedical company, which transferred funds were used to purchase an investment interest in Prevacous which investment interest was owned by Nancy Whitten New and Zachery Whitten New, all occurring within the jurisdiction of this court and in violation of Section Mississippi Code Annotated (1972, as amended); COUNT VII based upon a series of acts connected together and constituting parts of a common scheme and plan, said Zachery Whitten New, being a male human being above the age of eighteen (18) years, whose date of birth is February 7, 1983, did, on or about the 24th day of September, 2019, willfully, unlawfully, and feloniously embezzle, fraudulently secrete, conceal, or convert to his own use, or make way with, or secrete with intent to embezzle or convert to his own use, United States Funds, money, in a value in excess of $25,000.00, which United States Funds came into his possession and/or had been entrusted to Zachery Whitten New by virtue of his office, position, place, or employment, either in mass or otherwise, To-wit: Zachery Whitten New, while acting in concert and/or aiding, and assisting Nancy Whitten New, while serving as the Assistant Executive Director of the Mississippi Community Education Center, a private non-pro?t entity responsible for distributing public grant funds received from the State of Mississippi, transferred one hundred thousand dollars, $100,000.00, via wire, the property of the Mississippi Community Education Center, from their bank account, Regions Bank Account Number 0035997729, to a bank account owned by PresolMD, Suntrust Bank Account Number 10002609424, a Florida based biomedical company, which transferred funds were used to purchase an investment interest in PresolMD which investment interest was owned by Nancy Whitten New and Zachery Whitten New, all occurring within the jurisdiction of this court and in violation of Section Mississippi Code Annotated (1972, as amended); COUNT based upon a series of acts connected together and constituting parts of a common scheme and plan, said Zachery Whitten New, being a male human being above the age of eighteen (18) 010-55277? years, whose date of birth is February 7, 1983, did, on or about the 7?h day of October, 2019, willfully, unlawfully, and feloniously embezzle, fraudulently secrete, conceal, or convert to his own use, or make way with, or secrete with intent to embezzle or convert to his own use, United States Funds, money, in a value in excess of $25,000.00, which United States Funds came into his possession and/or had been entrusted to Zachery Whitten New by virtue of his of?ce, position, place, or employment, either in mass or otherwise, To?wit: Zachery Whitten New, while acting in concert and/or aiding, and assisting Nancy Whitten New, while serving as the Assistant Executive Director of the Mississippi Community Education Center, a private non?pro?t entity responsible for distributing public grant funds received from the State of Mississippi, transferred one hundred thousand dollars, $150,000.00, via wire, the property of the Mississippi Community Education Center, from their bank account, Regions Bank Account Number 003 5997729, to a bank account owned by PresolMD, Suntrust Bank Account Number 1000225647709, a Florida based biomedical company, which transferred funds were used to purchase an investment interest in PresolMD which investment interest was owned by Nancy Whitten New and Zachery Whitten New, all occurring within the jurisdiction of this court and in violation of Section Mississippi Code Annotated (1972, as amended); COUNT IX based upon a series of acts connected together and constituting parts of a common scheme and plan, said Zachery Whitten New, being a male human being above the age of eighteen (18) years, whose date of birth is February 7, 1983, did, on or about the 18th day of January, 2019 and the 7th day of October, 2019, in the county aforesaid and within the jurisdiction of this Court, willfully, unlawfully, and feloniously, all while acting as the Assistant Executive Director of the Mississippi Community Education Center, a private non?pro?t entity reSponsible for distributing public grant funds received from the State of Mississippi, while acting in concert and/or aiding, and assisting Nancy Whitten New, the Executive Director of the Mississippi Community Education Center, and others known and unknown to the grand jury, devised or intended to devise a scheme or arti?ce to defraud the Mississippi Community Education Center, by transferring funds owned by the Mississippi Community Education Center, from their bank account, Regions Bank Account Number 0035997729, through a series of multiple transaction, into bank accounts owned by Prevacus, Suntrust Bank Account Number 1000225647709, and PresolMD, Suntrust Bank Account Number 100026094924, Florida based biomedical companies, which transferred funds were used to purchase investment interests in Prevacous and PresolMD which investment interests were owned by Nancy Whitten New and Zachery Whitten New, by means of a false or fraudulent pretenses, represented or promised, for the purpose of executing such scheme or arti?ce or attempting so to do, transmitted or caused to be transmitted by mail, telephone, newspaper, radio, television, wire, electromagnetic waves, microwaves, or other means of communication or by person, any writings, signs, signals, pictures, sounds, data, or other matter across state jurisdictional lines, all occurring within the jurisdiction of this court and in violation of Section 97-19?83, Mississippi Code Annotated (1972, as amended); and, based upon a series of acts connected together and constituting parts of a common scheme and plan, said Zachery hitter: New, being a male human being above the age of eighteen (18) 5&0 5?51 776 years, whose date of birth is February 7, 1983, did, on or about and between 18th day of January, 2019 and the 7th day of October 2019, willfully, unlawfully, and feloniously with the intent to defraud the State of Mississippi or any department, agency, of?ce, board, commission, county, municipality or other subdivision of the state or local government, knowingly and willfully falsi?ed, concealed or covered up by trick, scheme or device, a material fact, or made a false, ?ctitious and fraudulent statements or representations, or made or used any false writing or document knowing that the same contained false, ?ctitious an fraudulent statements or entries, T0- wit: Zachery Whitten New, while acting in concert and/or aiding, and assisting Nancy Whitten New, and others known and unknown to the grand jury, falsi?ed documents, invoices, books, reports, ledgers, and accountings of the Mississippi Community Education Center, a private non? profit entity responsible for distributing public grant funds received from the State of Mississippi, at a time when he was in the position of Assistant Executive Director of the Mississippi Community Education Center, to conceal that he had embezzled 2.15 million dollars, from the Mississippi Community Education Center which embezzled funds were used to purchase investment interests in Prevacous and PresolMDl, Florida based biomedical companies, which investment interests were owned by Nancy Whitten New and Zachery hitten New, all occurring within the jurisdiction of this court and in violation of Section 97?7-10, Mississippi Code Annotated (1972, as amended). All of the above, Count I, Count II, Count Count IV, Count V, Count VI, Count VII, Count Count IX and Count being contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the State of Mississippi. JUDICIAL DISTRICT 1 DATE RECV 2-04-2020 DISTRICT ATTORNEY MAIN DISPLAY ORIG CASE RUMBER 25*19'9464 NAME I TTEN AKA 3477--1983 DOB2 7 7 PHONEI PHONEZ ADDRESS 146 BRIDGEWATER CROSSING REVIEW BY JM CONTROL NO 44120 ORIG AGENCY DOB3 RHONE3T 7 CITY STATE BOOK NUMBER 7 ORIG DIV SSN -- MORE AKA EXIST ZIP 39157-- OFFENSE DATE 371872019 ARREST DATE HABITUAL T0 GRAND JURY 7 TERM V-- SESSION 7, OTHER CASES MORE EXIST co DEFENDANTS MORE EXIST VICTIMS MORE EXIST MORE EXIST EAMILY MORE EXIST VAC ADD MORE JAIL CIRCUIT COURT COUNTY COURT COURT ADMIN I--MENU INDICTMENT Conspiracy ?97+1 CIRCUIT COURT No.33) g; Embezzlement ?97-23-l9(d) Fraudulent Statements ?97-23-19(d) FELE- FEB 04 2020 FIRST DISTRICT HINDS COUNTY January Term AD. 2020 . CUIT CLERK ZACK CIR First Judicial District BL of Hinds County THE STATE OF MISSISSIPPI Circuit Court The Grand Jurors of the State of Mississippi, taken from the body of good and lawful persons of the First Judicial District of Hinds County, in the State of Mississippi, elected, impanelled, sworn and charged to inquire in and for said District, County and State aforesaid, in the name and by the authority of the State of Mississippi, upon their oath present: That Zachery Whitten New while acting in concert and/or aiding, assisting or encouraging another or others, to?wit: Nancy Whitten New, Ann McGrew and others known and unknown to the grand jury In said District, County and State COUNT I on, about and between the 20th day September 2018 and the 20tll day of October 2019, in the county aforesaid and within the jurisdiction of this Court, the said defendant being a male human being above the age of eighteen (18) years, whose date of birth is February 7, 1983, did willfully, unlawfully, and feloniously entered into a conspiracy with Nancy Whitten New, Ann McGrew and others known and unknown to the grand jury, to commit the crime of embezzlement in violation of ?97~23 ~19, To?wit: Zachery Whitten New conspired with Nancy Whitten New, Ann McGrew and others known and unknown to the grand jury, to convert funds received by the Mississippi Community Education Center, a private non-pro?t entity responsible for distributing public grant funds received from the State of Mississippi by transferring funds owned by the Mississippi Community Education Center, from a bank account owned by the Mississippi Community Education Center, through a series of multiple transaction, into bank accounts owned by New Learning, Inc, a private for pro?t company owned by Nancy Whitten New and Zachery Whitten New, all occurring within the jurisdiction of this court and in violation of Section 97?1-1 and Section 97?23-19, Mississippi Code Annotated (1972, as amended); COUNT 11 based upon a series of acts connected together and constituting parts of a common scheme and plan, said Zachery Whitten New, being a male human being above the age of eighteen (18) years, whose date of birth is February 7, 1983, did, on or about and between the 20th day of September 2018 and the 20th day of October 2019, willfully, unlawfully, and feloniously embezzle, fraudulently secrete, conceal, or convert to his own use, or make away with, or secrete with intent to embezzle or convert to his own use, United States Funds, money, in a value in excess of $25,000.00 which United States Funds came into his possession and/or had been entrusted to Zachary Whitten New by virtue of his of?ce, position, place, or employment, either in mass or otherwise, To?wit: Zachary Whitten New, while acting in concert and/or aiding, and assisting Nancy Whitten New, while serving as the Assistant Executive Director of the Mississippi Community Education Center, a private non?pro?t entity responsible for distributing public grant funds received from the State of Mississippi, transferred ?lnds, in excess of two million dollars, $2,000,000.00, the property of the Mississippi Community Education Center, from a bank account owned by the Mississippi Community Education Center, through a series of multiple transaction, into bank accounts owned by New Learning, Inc, a private for pro?t company owned by Nancy Whitten New and Zachery Whitten New and thus converting such monies to his own use, all occurring within the jurisdiction of this court and in violation of Section 97- 23- 19 Mississippi Code Annotated (1972, as amended), and COUNT based upon a series of acts connected together and constituting parts of a common scheme and plan, said Zachery Whitten New, being a male human being above the age of eighteen (18) years, whose date of birth IS February 7, 1983, did, on or about and between the 20th day of September 2018 and the 20th day of October 2019, willfully, unlawfully, and feloniously, with intent to defraud the State of Mississippi or any department, agency, of?ce, board, commission, county, municipality or other subdivision of the state or local government, knowingly and willfully falsi?ed, concealed or covered up by trick, scheme or device, a material fact, or made a false, ?ctitious and fraudulent statements or representations, or made or used any false writing or document knowing that the same contained false, ?ctitious and ?audulent statements or entries, To-wit: Zachery Whitten New, while acting in concert and/or aiding, and assisting Nancy Whitten New, Ann McGrew and others known and unknown to the grand jury, falsi?ed documents, invoices, books, reports, ledgers, and accountings of the Mississippi Community Education Center, a private non-pro ?t entity responsible for distributing public grant funds received from the State of Mississippi, at a time when he was in the position of Assistant Executive Director of the Mississippi Community Education Center, to conceal that he had embezzled in excess of two million dollars, $2,000,000.00, from the Mississippi Community Education Center and converted such funds to his own use, all occurring within the jurisdiction of this court and in Violation of Section 97?7-10, Mississippi Code Annotated (1972, as amended). All of the above, Count I, Count II and Count 111 being contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the State of Mississippi. DISTRICT JUDICIAL DISTRICT 1 DATE RECV REVIEW BY JM ORIG CASE NUMBER 25--19>9464 NAME AKA 0031 _2'07*1983 DOBZ PHONEI - -- PHONE2 - ADDRES I 4 I NG 7 CONTROL NO ORIG AGENCY ATTORNEY MAIN DISPLAY BOOK NUMBER ORIG DIV 44119 5er MORE AKA EXIST 13053 7 PHONES: CITY STATE ZIP 391577 OFFENSE DATE 79-20-2018 ARREST DATE HABITUAL TO GRAND JURY TERM 7* SESSION OTHER CASES MORE EXIST CO DEFENDANTS MORE EXIST VICTIMS MORE EXIST WITNESSES MORE EXIST FAMILY MORE EXIST VAC ADD MORE JAIL CIRCUIT COURT COUNTY COURT COURT ADMIN FUNCTION E-MORE, FUNCTION T-MENU /6(p [/779 0/21)