Former Councilman Brian Davis Under Federal Indictment

May 10, 2011 Updated May 11, 2011 at 6:58 AM EDT

By WKBW News

...
May 10, 2011 Updated May 11, 2011 at 6:58 AM EDT

Buffalo, NY (WKBW-Release)

Here's the latest news regarding a federal indictment charge against Brian Davis. This release was received late Tuesday from U.S. Attorney William Hochul.

1. The City of Buffalo was a local government whose fiscal
year ran from July 1st each year to June 30th the following year.
During each fiscal year between July 1, 2005 and June 30, 2010, the
City of Buffalo received millions of dollars in assistance from the
federal government. The City of Buffalo deposited the monies
received in federal assistance into the City’s general fund
account.

2. The Government of the City of Buffalo consisted of an
elected Mayor and elected representatives who collectively
comprised and were called a “Common Council.”

3. The Common Council was responsible for proposing and
enacting legislation to benefit the citizens of the City of
Buffalo. In addition, Common Council members were obligated to
manage any and all taxpayer funds entrusted to their care.

4. Commencing in January 2002 through November 2009, the
defendant, BRIAN C. DAVIS, served as a duly elected member of the
City of Buffalo’s Common Council for the Ellicott District.

5. City of Buffalo officers, employees and members of the
City’s Common Council were prohibited from using their official
position to secure unwarranted benefits, privileges or exemptions
to themselves, pursuant to the Ethics Code of the City of Buffalo
Charter.

6. Pursuant to practices initiated by vote of the Common
Council, each year members of the Common Council were given a sum of money, referred to as “discretionary funds,” to distribute for
the benefit of the citizens of the City of Buffalo. All discretionary funds distributed by Common Council members came from
the City’s general fund account.

7. Commencing in 2006 through November 2009, the defendant
was allocated discretionary funds for distribution in his capacity
as a Common Council member for the City of Buffalo.

8. The defendant used not-for-profit corporations, commonly
referred to as “pass through agencies,” to distribute
discretionary funds. The discretionary funds were distributed by
the pass through agencies as directed by the defendant.

9. The Community Action Organization of Erie County (“CAO”),
was a not-for-profit corporation selected by the defendant to serve
as a pass through agency for the distribution of discretionary
funds. The defendant dictated how discretionary funds were
distributed by CAO.

10. The Back to Basics Outreach Ministry, Inc. (“Back to
Basics”) was a not-for-profit corporation selected by the defendant
to serve as a pass through agency for the distribution of
discretionary funds. The defendant dictated how discretionary
funds were distributed by Back to Basics.

11. The Pratt Willert School 47 Policy Board was a community
organization that received discretionary funds from CAO and
redistributed the funds as directed by the defendant.

COUNT 1
(Theft From Organization Receiving Federal Funds)
The Grand Jury Charges That:
1. The Introductory Allegations set forth in Paragraphs 1
through 11 are incorporated by reference as if fully set forth
herein.

2. Between on or about May 19, 2006, and on or about
September 13, 2006, in the Western District of New York, the
defendant, BRIAN C. DAVIS, being an agent of the City of Buffalo,
a local government, which City received in the one year period
beginning May 19, 2006, benefits in excess of $10,000 in the form
of Federal assistance from the Federal government, did embezzle,
steal, obtain by fraud, without authority knowingly convert to the
use of a person not the rightful owner, and intentionally misapply
property worth at least $5,000 and owned by and under the care,
custody and control of the City of Buffalo.

3. As a member of the Buffalo Common Council, the defendant
directed that discretionary funds, which were to be used solely for
the benefit of the citizens of the City of Buffalo, be transferred
from the City of Buffalo to CAO. The defendant then directed CAO
to transfer discretionary funds to the Pratt Willert School 47
Policy Board.

4. The defendant then unlawfully directed the Pratt Willert
School 47 Policy Board to transfer discretionary funds it received
from CAO to the defendant and others, known and unknown to the
Grand Jury.

All in violation of Title 18, United States Code, Section
666(a)(1)(A).
COUNT 2
(Theft From Organization Receiving Federal Funds)
The Grand Jury Further Charges That:
1. The Introductory Allegations set forth in Paragraphs 1
through 11 are incorporated by reference as if fully set forth
herein.

2. Between on or about July 10, 2007, and on or about August
24, 2007, in the Western District of New York, the defendant, BRIAN
C. DAVIS, being an agent of the City of Buffalo, a local
government, which City received in the one year period beginning
July 1, 2007, benefits in excess of $10,000 in the form of Federal
assistance from the Federal government, did embezzle, steal, obtain
by fraud, without authority knowingly convert to the use of a
person not the rightful owner, and intentionally misapply property
worth at least $5,000 and owned by and under the care, custody and
control of the City of Buffalo.

3. As a member of the Buffalo Common Council, the defendant
directed that discretionary funds, which were to be used solely for
the benefit of the citizens of the City of Buffalo, be transferred
from the City of Buffalo to Back to Basics.

4. The defendant then unlawfully directed Back to Basics to
transfer discretionary funds it received from the City of Buffalo
to the defendant and others, known and unknown to the Grand Jury.
All in violation of Title 18, United States Code, Section
666(a)(1)(A).

COUNT 3
(Theft from Organization Receiving Federal Funds)
The Grand Jury Further Charges That:
1. The Introductory Allegations set forth in Paragraphs 1
through 11 are incorporated by reference as if fully set forth
herein.

2. Between on or about July 9, 2008, and on or about June
27, 2009, in the Western District of New York, the defendant, BRIAN
C. DAVIS, being an agent of the City of Buffalo, a local
government, which City received in the one year period beginning
July 1, 2008, benefits in excess of $10,000 in the form of Federal
assistance from the Federal government, did embezzle, steal, obtain
by fraud, without authority knowingly convert to the use of a
person not the rightful owner, and intentionally misapply property
worth at least $5,000 and owned by and under the care, custody and
control of the City of Buffalo.

3. As a member of the Buffalo Common Council, the defendant
directed that discretionary funds, which were to be used solely for
the benefit of the citizens of the City of Buffalo, be transferred
from the City of Buffalo to Back to Basics.

4. The defendant then unlawfully directed Back to Basics to
transfer discretionary funds it received from the City of Buffalo
to the defendant and others, known and unknown to the Grand Jury.
All in violation of Title 18, United States Code, Section
666(a)(1)(A).

COUNT 4
(Theft from Organization Receiving Federal Funds)
The Grand Jury Further Charges That:
1. The Introductory Allegations set forth in Paragraphs 1
through 11 are incorporated by reference as if fully set forth
herein.

2. Between on or about July 9, 2009, and on or about October
28, 2009, in the Western District of New York, the defendant, BRIAN
C. DAVIS, being an agent of the City of Buffalo, a local
government, which City received in the one year period beginning
July 1, 2009, benefits in excess of $10,000 in the form of Federal
assistance from the Federal government, did embezzle, steal, obtain
by fraud, without authority knowingly convert to the use of a
person not the rightful owner, and intentionally misapply property
worth at least $5,000 and owned by and under the care, custody and
control of the City of Buffalo.

3. As a member of the Buffalo Common Council, the defendant
directed that discretionary funds, which were to be used solely for
the benefit of the citizens of the City of Buffalo, be transferred
from the City of Buffalo to CAO and Back to Basics.

4. The defendant then unlawfully directed Back to Basics to
transfer discretionary funds it received from the City of Buffalo
to the defendant and others, known and unknown to the Grand Jury.
5. The defendant also unlawfully directed CAO to transfer
discretionary funds it received from the City of Buffalo to the
Pratt Willert School 47 Policy Board. Subsequently, the defendant
directed the Pratt Willert School 47 Policy Board to transfer
discretionary funds it received from CAO to the defendant and
others, known and unknown to the Grand Jury.

All in violation of Title 18, United States Code, Section
666(a)(1)(A).

Davis could get 10 years in prison and/or a 250,000 fine. EWN will follow this story.