Defendants Left Elderly Victim in Soiled Clothes, Drained His Bank Account, and Forged His Veterans Checks
Editor’s Note: This matter occurred on the date indicated but was not published at that time due to a lapse in appropriations. Press releases are posted and made available following the return to normal operations
ROANOKE, Va. – A federal grand jury returned a 30-count indictment October 2 charging Melissa Diana Simmons, 50, and James Patrick Brown, 59, with bank fraud, access device fraud, forging Treasury checks, and aggravated identity theft.
According to the indictment, Simmons, Brown, and others, attempted to execute a scheme to defraud a 75-year-old Navy and Vietnam War veteran.
According to court documents and other evidence, Simmons met the victim in May 2022, when she was assigned as his in-home care provider, pursuant to a contract between her employer and the U.S. Department of Veterans Affairs (“VA”). Beginning around December 2022, the victim began withdrawing significantly more money from his bank account than normal, sometimes through checks made out to Simmons and her boyfriend, Brown.
In June 2023, Simmons’s company fired her, and, in violation of company policy, she persuaded the victim to move in with her and Brown at their residence in Boones Mill, Virginia. Beginning in July 2023, staff at the victim’s bank became suspicious as Simmons and Brown brought the victim to the bank drive-through for frequent and increasingly large withdrawals. Court records claim staff observed the victim’s condition deteriorate over time, from upbeat to hunched over, confused, and fearful.
In mid-August 2023, Simmons had the victim add her as a signatory to the victim’s bank account. Within 30 days of being added to the victim’s account, the victim allegedly lost around $30,000 from Simmons and Brown’s continual, large withdrawals.
In mid-September 2023, bank staff demanded Simmons come inside when she attempted another large withdrawal at the drive-through. Inside, staff saw the victim’s nose was burned from smoking while using his oxygen tank. He was confused and reeked of urine and feces. The victim could not remember when he last bathed, ate, or visited the VA Medical Center. Bank staff persuaded him to open a new account without Simmons as joint owner. As bank staff privately questioned the victim, Simmons grew belligerent, hitting the office window, barging in, and shouting at staff until police arrived.
According to court records, days later, Brown arrived at the bank with the victim, urgently asking how to get the victim’s VA benefits and social security checks direct deposited into the victim’s account. Brown also sought to have the victim withdraw between $60,000 and $70,000 from the account. The victim appeared to be in even worse physical condition than before. Bank staff observed an overwhelming stench of urine and feces. He was confused as to why he was withdrawing the money.
Soon after the incident, Franklin County Adult Protective Services (“APS”) opened an investigation. An APS staff member administered a mental status exam on the victim, which showed the victim was suffering from dementia.
On November 18, 2023, Simmons and Brown reported to the Roanoke County Fire and Rescue that the victim was non-responsive. Emergency responders rushed him to Roanoke Memorial Hospital, where he was admitted with acute respiratory failure and critically low oxygen saturation. Medical records showed methamphetamine in the victim’s system, even though he had no history of methamphetamine use and had no ability to independently travel.
From January 2024 into April 2024, while the victim recovered at the hospital and later a rehab center, Simmons received four of the victim’s VA benefits checks though the United States Mail, totaling close to $8,000. The indictment claims Simmoms forged the victim’s signatures on these checks and deposited them into the victim’s new bank account. Simmons and Brown then used the victim’s debit card for their personal use, including thousands of dollars at a casino.
In May 2024, Franklin County deputies asked Simmons and Brown about the victim’s vehicles, which were still at their house. Brown told one of the investigators he thought the victim was dead, and said he felt he should get a storage fee for keeping the victim’s property. Ultimately, the victim’s next-of-kin recovered the vehicles, and found one of them inoperable and both in poor condition, uninsured, and with expired registration.
On October 22, 2024, during an interview with agents of the VA Office of the Inspector General, Simmons admitted that she forged the victim’s VA checks, and that she and Brown spent the victim’s money with his debit card while he was in the hospital.
Acting U.S. Attorney Robert N. Tracci made the announcement.
The VA Office of the Inspector General, with assistance from the Franklin County Sheriff’s Office, is investigating the case.
Assistant U.S. Attorneys Drew O. Inman and Keith A. Parrella are prosecuting the case.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.