MACON, Ga. — Editor's Note: The video in this story is from previous coverage in May 2018 from a story titled 'Missing documents causes concern among Bibb County Industrial Authority, following misused funds.'
A letter from the state attorney general’s office requesting an investigation into the Macon-Bibb County Industrial Authority specifically names Cliffard Whitby and three companies allegedly owned by his family members.
The letter was sent to GBI Director Vic Reynolds by Deputy AG Blair McGowan on March 2.
In the letter, McGowan asks the GBI to open an investigation into possible theft, forgery and false statements involving the Macon-Bibb Industrial Authority’s former chairman, Cliffard Whitby and three companies allegedly owned by his family members: Armstead Management, Integrated Technology Consulting, and New Age Concepts and Consulting.
McGowan writes the allegation is that Whitby directed contracts for work to those companies, who then submitted invoices and were paid for work that was not done.
In a written statement, Whitby called it a "politically motivated attack."
According to the letter, District Attorney David Cooke said his office could not engage in a prosecution of the matter and that the deputy AG was designated to handle the request.
In an interview Thursday, Cooke said he recused himself from the case because, at one point, he sat on a board with Whitby.
McGowan reviewed the allegation and felt an GBI investigation was needed.
Though the letter is dated March 2, the GBI did not issue a news release until May 13 that said they were investigating the three companies.
The GBI’s May news release *did not* mention current mayoral candidate Whitby and on Thursday, Special Agent in Charge Todd Crosby, whose office is handling the case, reiterated that. He declined to name Whitby as a focus of the investigation
"It's those three business we'll be focusing on at this time," he said. "If the investigation leads us into other individuals, that evidence shows there are criminal charges against, we will release those names at that time."
Whitby declined to be interviewed Thursday but released a written statement Wednesday night.
"As a man who has been fully vindicated of all federal charges as you have already stated in your recent article, I reiterate, that I and my family are pleased to have gone through the judicial process of these United States, had all of the evidence presented and come out fully vindicated. Anyone who ever attempts to do anything of substance will always have enemies. In this current political environment, it does not surprise me that after three years some would choose to bring up these old allegations at the Industrial Authority that were fully reviewed previously. To be brief, I stand on the work and achievements that were made under my leadership while at the Industrial Authority.
As you know, my platform is on Equity, Balance and Fair-play and this is what this boils down down to. I trust that the citizens of Macon-Bibb can see this for what it is - a politically motivated attack. My focus however, is on the real issues of this community which continues to suffer from economic disparities, blight, substandard education, crime and other issues, and on creating a plan that can spur economic growth and prosperity for all of our community. For me, failure to do so is not an option."
When asked, Whitby would not say specifically why he viewed the investigation as a political attack or name who he thought was behind it.
He wrote that he "has been fully vindicated of all federal charges." However, that acquittal was for federal bribery charges.
Whitby was acquitted on all of those charges in 2018, but would not say how that acquittal was related to this new investigation.
As for the delay between the request to open an investigation and the announcement, Crosby denied it was politically motivated.
He says the GBI only officially opened its case last week.
According to Crosby, before they could do that they had to read through a case file from another investigation involving the Industrial Authority several years ago and COVID-19 slowed the process of getting that file.
"That was an FBI investigation and I think that time frame of 2 to 3 years ago would be accurate," he said.
Crosby said, to his knowledge, that FBI investigation did not lead to any charges.
When asked about that case, FBI Atlanta Field Office spokesperson Kevin Rowson said "we don't discuss active investigations and we're cooperating with the GBI."
Armstead Management, Integrated Technology Consulting, and New Age Concepts and Consulting could not be reached for comment.
CASE HISTORY
The Macon-Bibb Industrial Authority has been going back and forth with the companies trying to get their money back for several years.
In 2017 and early 2018, the authority sent letters, demanding payment, to an Atlanta company, Armstead Management; and W.M. Construction of Macon; and New Age Concept and Consulting of Macon.
Those letters and other documents allege that the companies billed the authority for a total of $1,954,749 for work that was never done -- in some cases, on buildings that didn't exist.
The billing happened between 2015 and 2017, and the industrial authority says problems came to a head in 2017 due to audits.
In April 2018, they blamed the bogus billing on their former chairman, Cliffard Whitby.
Many of the invoices -- like the ones for $97,000 in payments for demolition of a building that was never demolished -- were apparently authorized by Whitby and marked "Approved -- C.W."
In May 2018, the three companies responded with a lengthy letter saying the billing dispute was, at least in part, a misunderstanding based on the authority's system for numbering the buildings it owns.
The same letter also said that authority officials, including Whitby and others, were aware of what their contractors were doing and what they were getting paid for.
In July 2018, the industrial authority's lawyer, Kevin Brown, scoffed at the companies' defense.
"Your clients have offered falsehoods instead of facts to support that they did the work," he said.
He called the companies' explanation about mis-numbered buildings "incredulous and obviously fabricated."
In Sept. 2018, the lawyer for the three companies told the authority that his clients had not and will not be repaying the money. He also claimed to have not heard from the authority since that July.
It is an ongoing investigation and anyone with information can call the GBI’s Perry Office at 478-987-4545.
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