Member of state House indicted in federal unemployment benefits case
A metro Atlanta lawmaker accused of theft of government funds in connection with COVID-19 relief pleaded not guilty in federal court Monday.
Rep. Sharon Henderson, D-Covington, walked into the courtroom in downtown Atlanta wearing ankle cuffs, after she was arrested at her home in the morning.
U.S. Magistrate Judge Justin S. Anand made her surrender her passport but allowed her to go free on a $10,000 unsecured bond.
Henderson, who represents an area around Covington in southeast metro Atlanta, faces a dozen criminal counts.
Anand said she was accused of two counts of theft of government funds and 10 counts of making false statements.
The Department of Justice said Henderson had sought federal pandemic unemployment benefits, filing eight weekly certifications that she was an employee of Henry County Schools even though she had not worked there since 2018 when she served briefly as a substitute teacher.
“It is shocking that a public official would allegedly lie to profit from an emergency program designed to help suffering community members,” Theodore S. Hertzberg, the U.S. Attorney for the Northern District of Georgia, said in a statement.
Henderson's constituents may have no representation in the legislative session that starts Jan. 12 because she could be suspended by then. The Georgia constitution requires the governor to appoint a review commission to consider whether an indictment 'relates to and adversely affects' a lawmaker's ability to serve the public.
That commission, which must comprise Attorney General Chris Carr and a member of the House and Senate selected by Gov. Brian Kemp, must issue a ruling within 14 days. But Kemp has no deadline, and he must wait 14 days after receiving a copy of the indictment before he appoints the panel.
Kemp's office said Monday afternoon that it had not yet received a copy of the indictment. A spokesperson for House Speaker Jon Burns said his office was aware of the financial fraud allegations but had no comment.
There is precedent for indicted lawmakers to continue serving. Sen. Shawn Still, R-Johns Creek, remained in office after a Fulton County grand jury indicted him along with Donald Trump and other allies in connection with their actions after the 2020 election.
The case was dismissed last month at the request of a special prosecutor after Fulton District Attorney Fani Willis was removed over ethical concerns. Still said he had no criminal intent and was acting on the advice of a lawyer in the belief that he was doing his duty to participate in the election process.
