EighteenthJudicial District Attorney Tony Clayton has filed a motion for appeal with the First Circuit Court of Appeal on the sentences given to brothers Thomas and Robert McCormick for convictions on numerous charges, including money laundering, malfeasance in office and theft.
Robert McCormick, 51, of 22090 Talbot Dr., Plaquemine, and his brother, Thomas McCormick, 51, of 58180 Randolphs Dr., Plaquemine, were found guilty on some 170 counts of conspiracy to commit money laundering, money laundering, conspiracy to commit malfeasance in office, conspiracy to commit filing false public documents, conspiracy to commit felony theft and conspiracy to commit prohibited splitting of profits.
Judge Alvin Batiste ordered the McCormick brothers to pay $214,262 in restitution to the Louisiana State Fire Marshal’s Office, pay $5,000 each to the Louisiana Legislative Auditor’s Office, pay fines and court costs, and serve three years of probation.
Clayton said he strongly disagreed with the sentence issued by Battiste.
“I respect his decision … he’s a good man, but I don’t accept it,” Clayton said. “I’m going to appeal it to the highest court I can.”
Prior to sentencing, the DA’s Office had requested the brothers serve jail time, as mandated in the statute, and payment of nearly $850,000 in restitution. In addition, the Legislative Auditor’s Office requested almost $98,000 in restitution.
The McCormick brothers were convicted of a combined 35 counts of money laundering under Louisiana Revised Statute 14:230 (B)(1)- B(6), with the penalty provision falling under 14:230 (E)(4). The money laundering statute states, “ whoever violates the provision of this section, if the value of the funds is over $100,000 or more, shall be imprisoned at hard labor for not less than two years nor more than 50 years and may be fined not more than $50,000 on each count.”
In this case, they were put on probation and ordered to pay only a $2,500 fine each.
In addition, those convicted in similar cases received more just sentences. In the case of Marie Brand, who stole $36,520 from the West Baton Rouge Chamber of Commerce, she was sentenced to five years with the Department of Corrections, suspended all but 18 months in prison, payment of restitution of $36,520, and $600 in fines. Upon release from prison, Brand was placed on three years probation.
In the case of Mandy N. Miller, who was convicted of theft and fraud from the West Baton Rouge Sheriff’s Office, she was sentenced to 10 months in federal prison, two years of probation, and ordered to pay restitution of all the funds stolen — $152,852, plus a $7,500 fine.
“The McCormick brothers made over $800,000 off their money laundering scheme and milked the state and its citizens of hundreds of thousands of dollars,” Clayton said. “Yet they were sentenced to only probation and paying only $214,000 in restitution. We feel this sentence is excessively lenient for these crimes. They profited greatly from this illegal scheme. We feel strongly that the sentence should reflect the severity of these crimes.”
At the time of the crimes, Robert McCormick was an employee of the State Fire Marshal’s Office and Thomas McCormick was an attorney.The brothers worked together to purchase emergency supplies at a lower price and then bid or invoice the items to the state at a higher price. These emergency supplies included water, ice, food, portable restrooms, and showers that were sold to the state in the wake of state emergencies after hurricanes and a winter storm.
