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Officials Clarify SBI Role, Timeline In CFCC Investigation

By Jenny Callison, posted Feb 26, 2015
The process for investigating allegations of financial and possible personnel issues at Cape Fear Community College was made clearer by officials Thursday.

State Bureau of Investigation agents will await the results of a report from the state auditor's office before deciding whether to pursue further investigations, SBI special agent in charge Michael East said. East oversees the SBI’s Financial Crime Investigations Unit.

“We always wait until an audit report is complete. We traditionally work with [the state auditor’s office],” East said. “We’ve been in contact about this from the beginning.”

If the audit team finds only administrative violations, East said, it will make recommendations for adding or strengthening protocols to prevent such problems in the future or to clarify existing limits.

“Most executives have a certain amount of discretion about what they can spend,” he said.

In a letter sent to media outlets Thursday, New Hanover County district attorney Ben David outlined his office’s actions thus far in assessing the issues at CFCC and again said why he asked the SBI for outside assistance.

After questions were asked in late 2014 about some travel-related reimbursements the college made to then-CFCC president Ted Spring, representatives of the state auditor’s office came to campus to investigate whether those reimbursements were within state protocols, East said.

David's office became involved at that time, East said.

Spring resigned from his position in January.

“Weeks ago, members of the SBI and I agreed that they would review the investigation being conducted by state auditors to determine whether any laws were violated at Cape Fear Community College. Earlier this week, we broadened the scope of that review to include new allegations that came to light. My understanding is that the state auditor was already undertaking review of this new allegation when contacted by the SBI,” David's letter stated.

The "new allegations" David refers to in his letter are reports that Spring asked an employee to prepare a report related to an existing consultant's report on CFCC's continuing education program, in exchange for consideration for a promotion.

Because of his ties to CFCC, David wrote, he is excusing himself from direct involvement in the matter. He also said that he would not comment further on the issue.

“To maintain absolute impartiality I have turned to the Conference of District Attorneys’ Financial Crimes Initiative for assistance,” he said in the letter. “They routinely work with the very auditors and SBI agents who have been conducting this investigation. The Financial Crimes Initiative, which has statewide jurisdiction, was created for cases just like this ...”

East said if there is evidence of criminal wrongdoing, his unit at the SBI would work with the district attorneys’ Financial Crimes Initiative to investigate.

If irregularities come to light, Spring would be interviewed by the auditors, East said, adding that if  evidence suggested that those irregularities rose to a potentially criminal level, Spring would then be interviewed by the SBI.

In any case, everyone will benefit if the issues get a full and fair investigation, David said in his letter Thursday.

“Sometimes investigations lead to criminal charges, while at other times investigations will exonerate the innocent,” he said. “As I have said many times in the past, members of the public should draw no inference from the fact that an investigation is underway: everyone should welcome an impartial review to determine whether any of the criminal laws have been violated.”

David added that he is confident that those making accusations would also “choose the forum of an interview by trained investigators to sort out the facts.”

CFCC’s interim president Amanda Lee sent a memorandum to college trustees Thursday announcing a called board meeting next Tuesday “to discuss personnel and legal matters.” Some of the meeting may be held in closed session, the memo stated.
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