Husband and wife sentenced for defrauding an elderly victim out of her home and obstruction of justice

Date: Aug. 21, 2024

Contact: [email protected]

BOISE - James Dougherty of Boise, was sentenced to 41 months in federal prison for wire fraud involving a scheme to defraud an elderly victim of money and real property, U.S. Attorney Josh Hurwit announced today. U.S. District Judge Amanda K. Brailsford also sentenced Dougherty to three years of supervised release to follow his prison term. His wife, Jessica Dougherty, also of Boise, was sentenced to three years of probation for obstruction of justice.

According to court records, in early 2015, James Dougherty and his wife, Jessica Dougherty, moved into a building on the victim's 46-acre ranch in Boise to ostensibly provide the victim with assistance with her ranch and horses in exchange for free rent. Prior to 2015, the victim, a retired elementary schoolteacher, lived independently on her ranch and enjoyed a comfortable retirement.

In late 2015, the victim's health deteriorated. During that time, James Dougherty gained control of the victim's finances, including being named as the victim's power-of-attorney for finances. A trust was executed, ostensibly signed by the victim, naming James and Jessica Dougherty as primary beneficiaries of the victim's estate, including the ranch, and naming James Dougherty as successor trustee.

Shortly thereafter, in December 2015, the victim's ranch was transferred from the victim to the newly formed trust benefitting the Doughertys. In March 2016, the victim was then declared incapacitated by two doctors, and James Dougherty was appointed sole trustee of the trust.

In 2015 and 2016, James Dougherty began to access, use, and transfer funds from the victim's banking and financial accounts for his own personal use, benefit, and ownership. James Dougherty used the victim's funds without her knowledge or consent to pay his and Jessica Dougherty's creditors to rehabilitate their credit and to qualify for a mortgage to ultimately transfer the victim's ranch into the Doughertys' personal names.

In July 2017, James and Jessica Dougherty entered into an agreement to purchase the ranch from the trust, executed by James Dougherty, as trustee. The victim was not involved in the transactions. James Dougherty as trustee sold the ranch to himself and Jessica Dougherty, signed as both the "Buyer" and as the "Seller" on the purchase and sale agreement, for less than the market value.

James Dougherty did not place the ranch for sale on the public market and the purchase price he paid simply represented the amount to clear the existing debt on the ranch. According to the Ada County Assessor, however, the value of the ranch at the time was approximately twice the amount of the purchase price.

The sale of the ranch to James and Jessica Dougherty was a breach of fiduciary duty under the trust and James Dougherty admitted he acted with the intent to defraud. In total, as a result of James Dougherty's fraud, the victim suffered a loss of more than $250,000.

After James and Jessica were arrested in August 2022, and while in pretrial custody, Jessica Dougherty made a call from the Ada County jail and requested that an individual "flash" or "reset" a Dell laptop computer located at the ranch. Within hours, an individual followed Jessica Dougherty's request and records relevant to the investigation involving the victim were permanently destroyed from the Dell laptop computer.

Jessica Dougherty admitted to knowingly causing the destruction of the records with the intent to obstruct the Department of Justice's investigation.

"Defrauding this vulnerable victim out of her home was a reprehensible crime," said U.S. Attorney Hurwit. "I am grateful for the dedication of the investigators and prosecutors in this case. The justice achieved here reinforces our commitment to protect our senior citizens from fraud and abuse."

"These sentences should serve as a reminder to anyone attempting to defraud or manipulate a senior citizen that their actions will bring severe consequences," said Tom Demeo, Acting IRS CI Special Agent in Charge, Denver Field Office. "As a community, it is our responsibility to care for our elders. As a law enforcement community, it is our duty to hold individuals accountable who abuse their position of trust and we will continue to work with the U.S. Attorney's Office to protect our senior citizens."

U.S. Attorney Hurwit commended the work of the Internal Revenue Service's Criminal Investigation (IRS CI), the Ada County Sherriff's Office, and the Office of Inspector General of Health and Human Services, which led to the charges. Assistant U.S. Attorneys Sean Mazorol and Brittney Campbell prosecuted the case.

Combatting elder abuse and financial fraud targeted at seniors is a key priority of the Department of Justice. The mission of the Department's Elder Justice Initiative is to support and coordinate the Department's enforcement and programmatic efforts to combat elder abuse, neglect and financial fraud and scams that target our nation's seniors.

CI is the criminal investigative arm of the IRS, responsible for conducting financial crime investigations, including tax fraud, narcotics trafficking, money-laundering, public corruption, healthcare fraud, identity theft and more. CI special agents are the only federal law enforcement agents with investigative jurisdiction over violations of the Internal Revenue Code, obtaining a more than a 90 percent federal conviction rate. The agency has 20 field offices located across the U.S. and 12 attaché posts abroad.

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