Questions on McDonald arrest linger as EDA quartet remains jailed at RSW

Samuel David North after booking into RSW Jail Friday afternoon – Photos RSW Jail website

Following another week of Economic Development Authority Special Grand Jury interviews former EDA Executive Director Jennifer Rae McDonald, her husband, Samuel “Sammy” David North and Donald Fears Poe were booked into the Rappahannock-Shenandoah-Warren County Jail (RSW Jail) in the late afternoon and early evening hours of Friday, August 23.

According to the RSW Jail website, North, 51, was booked into the facility at 5:25 p.m. on two felony counts of Obtaining Money by False Pretenses and one felony count of Money Laundering – “Financial Transaction, proceeds from known felony activity”.

Jail records showed the 42-year-old McDonald being booked at 6:22 p.m. The jail website list of charges against her was 14, the number of her pre-existing charges. So it was not immediately clear if she was facing 14 additional charges or had been booked on a bond violation regarding her 14 pre-existing charges. The Jail website does not list individual case numbers, but only applicable State Codes regarding each charge. So until the case numbers related to her arrest can be verified with court or facility officials the question of McDonald’s arrest on bond violation, new charges, or some combination will remain.

The counts listed against McDonald include six Fraud – Obtain Money by False Pretenses; five Money Laundering counts and three Embezzlement charges. Since the EDA indictments are coming from the Grand Jury sealed there is no further detail on the charges available at this point.

Poe, 61, was shown being booked at 6:31 p.m. Friday evening on one new felony count of Money Laundering – “Financial Transaction, proceeds from known felony activity”. When Poe was arrested on July 23 he was charged with two felony counts of Obtaining Money by False Pretenses and one count of Perjury.

McDonald was arrested on May 24 on eight initial counts. She was twice served with additional charges while incarcerated. After twice being denied bond as a flight risk by Judge Clifford L. Athey, she was granted $50,000 secured bond on July 31, by newly-placed Judge Bruce D. Albertson.

Above, Jennifer McDonald upon being booked into RSW early Friday evening, Aug. 23; below, McDonald after her initial arrest and booking at RSW on May 24.

The special grand jury that has handed down criminal charges, now against four people, McDonald, her former EDA Administrative Assistant Michelle “Missy” Henry, business partner Donald Poe and now her husband, was empanelled within a day of the EDA’s initial $17.6 million civil suit being filed on March 26. The amount of assets seeking recovery has since been raised to over $20 million.

A press release issued today indicated the EDA grand jury has requested a six-month extension to continue its inquiry into March of next year. It was also requested that Assistant Warren County Commonwealths’ Attorney Bryan Layton, who has worked with his boss Brian Madden on the EDA Special Grand Jury inquiry, continue as the lead prosecutor of the grand jury as Commonwealth’s Attorney Madden prepares to take a seat on the judicial bench.

McDonald was the central figure in the nine defendant EDA civil action of March 26. Other defendants included McDonald’s two real estate companies, D’BOYZ and MoveOn8, ITFederal LLC and its CEO Truc “Curt” Tran; Earth Right Energy LLC and its principals Poe and Justin Appleton and the late Warren County Sheriff Daniel McEathron. McEathron passed away on May 28 is what Virginia State Police classify as “an unattended death with a firearm nearby”.

Like McDonald, after spending some time in jail, both Henry and Poe were granted secured bonds. Henry was granted $2500 unsecured bond on July 23 after twice having a bond hearing continued in the wake of her June 24 arrest. Henry remains charged with two felony embezzlement charges related to the EDA’s involvement in the B&G Goods small business loan and asset disbursement upon its November 2016 closing.

As noted in a related story, B&G Goods registered agent and co-owner William Lambert became the fourth person arrested on EDA-related charges Friday.

UPDATE: B&G Goods William Lambert makes it four EDA arrests on August 23

McDonald and Poe were granted $50,000 and $20,000 secured bonds by Judge Bruce D. Albertson on July 31. Poe was arrested on July 23 on two financial and one perjury count related to EDA affairs.

No hearing dates were yet posted for McDonald, North, Poe or Lambert. However, presiding EDA case Judge Albertson is based in Harrisonburg, complicating bond hearing scheduling. He took over EDA cases when all county judges recused or indicated they were on the verge of recusal due to familiarity with people involved in the EDA sphere or other aspects of the investigation. However pending his promotion to the Virginia State Appeals Court, Judge Athey has continued to preside over the EDA Special Grand Jury inquiry as indicated by his signature on the August 21 extension and prosecutor orders.

In past hearings Albertson has indicated the possibility of presiding by conference call on basic matters.

Donald Poe upon becoming the third of four EDA defendants booked into RSW Jail the late afternoon and early evening of Aug. 23.