FORMER CHANCELLOR’S DRIVER AGREES TO PLEAD GUILTY TO OBSTRUCTION FEDERAL CORRUPTION INVESTIGATION

BIRMINGHAM, AL -Alice H. Martin, United States Attorney for the Northern District of Alabama; Richard Minor, Acting Alabama Attorney General; Rodney Clarke, Special Agent in Charge, Internal Revenue Service-Criminal Investigations; Carmen S. Adams, Special Agent in Charge, Federal Bureau of Investigation and Frank Dyer, Postal Inspector/Domicile Coordinator, U.S. Postal Inspection Service, announce that a criminal information was filed today against LANIER ROBERT HIGGINS. 

            The one-count Information charges that LANIER ROBERT HIGGINS in July of 2006 obstructed the Federal grand jury sitting in Birmingham, Alabama.  HIGGINS has agreed to plead guilty to obstruction and faces a maximum punishment of imprisonment of up to 20 years and a fine of up to $250,000.

            “The scale of the corruption uncovered during the course of this investigation is staggering.” stated U.S. Attorney Alice H. Martin.  “This plea, and others that are expected to follow, will help insure that public officials who use their positions for personal gain are held accountable.  Public education is critical to the well being of our citizenry and my office will pursue those who steal funds intended for education wherever we find them.”

            “The State of Alabama and our law enforcement partners are committed to rooting out the corruption that has existed within Post-Secondary Education.  This includes those who would conspire to impede the truth finding mission of our investigation.  Perjury and obstruction of justice strikes at the very heart of our criminal justice system.  These crimes will not be tolerated,” stated Richard Minor, Acting Alabama Attorney General. 

            The factual basis, contained in HIGGINS’ filed plea agreement, stated that HIGGINS was employed in maintenance by Southern Union Community College (SUCC) from 1986 until late 2004.  In approximately October of 2004 the former Chancellor of Post-Secondary Education arranged for HIGGINS to have a new position with the Alabama Department of Post -Secondary Education (ADPE) handling transportation duties.  Principally HIGGINS’ duties were to drive for and be the personal assistant to the former Chancellor. HIGGINS received several benefits from his association with the former Chancellor, including a pay raise from approximately $32,500 to approximately $54,000; living rent free in the president’s house on the campus of SUCC; increased accrual of leave; and no requirement to file required leave and attendance documents for time off work.

            During the time HIGGINS was in that position, the former Chancellor directed him to receive, and pass to the former Chancellor, money from vendors who did business with the Alabama Department of Postsecondary Education.  The former Chancellor used the money from the vendors to pay personal expenses, chiefly, the cost of construction for a home the former Chancellor was building in Opelika, Alabama.  HIGGINS also passed cash from the vendors to the former Chancellor. 

            HIGGINS, at the former Chancellor’s direction, established a fictitious entity in order to bill a vendor for “consulting” work that was not performed.  When the false invoices were paid HIGGINS passed the money to the former Chancellor or used it to pay costs of construction on the former Chancellor’s home.  After the Federal grand jury investigation of the matter became known to the former Chancellor and HIGGINS, they created a false cover story to explain some of the money paid by vendors to HIGGINS.  HIGGINS appeared and testified falsely to the Federal grand jury in Birmingham, Alabama.  According to the plea agreement, HIGGINS later recanted and began cooperating with the United States.

            The guilty plea to the charges contained in the information will be scheduled at a later date.

            “Corruption robs school budgets of millions of essential dollars, causes students to get inferior books, supplies, facilities, and perhaps most importantly, sends the wrong messages to our nation’s youth,” stated Carmen S. Adams Special Agent in Charge, Federal Bureau of Investigation Birmingham Field Division.

            This case is being investigated by Special Agents of the Federal Bureau of Investigation, the Alabama Attorney General’s office, the Internal Revenue Service-Criminal Investigation Division, and the U.S. Postal Inspection Service.  Assistant United States Attorney Miles M. Hart is prosecuting the case along with Alabama Assistant Attorney General Bill Lisenby. 

            Members of the public are reminded that an information contains only charges.  When a defendant chooses to be charged in a criminal information, the defendant waives the right to have a grand jury review evidence.  A defendant is presumed innocent of the charges and it will be the government’s burden to prove a defendant’s guilt beyond a reasonable doubt at trial or until a defendant accepts responsibility at a date and time set by U.S. District Court.