COLUMBIA, S.C. (AP, WLTX) — The former chief criminal prosecutor in Columbia has pleaded guilty to a federal charge of wire fraud.
Dan Johnson appeared Tuesday afternoon at the federal courthouse in downtown Columbia, where he admitted to the crime.
Johnson used to lead the Fifth Circuit Solicitor's office, which prosecutes all criminal cases in Richland and Kershaw Counties. But early last year, an online blog questioned Johnson and his office's spending practices. That eventually led to both a state and federal investigation that ended in indictments against both Johnson and Nicole Holland, another employee in his office.
In pleading Tuesday, Johnson admitted to using an office Bank of America credit card in 2016 for personal expenses. Prosecutors presented as evidence a bank statement dated November 14, 2016 that showed $4,713.41 in expenses. While prosecutors say not all of that money was charged improperly, some of it was used for hotel rooms in Columbia, Chicago, and Las Vegas, as well as a Panamanian-based airline ticket.
Assistant U.S. Attorney Winston Holliday said after the hearing that they believe the improper spending of office funds began in late 2015 and continued for years. Holliday said that's the same time an office employee, who was in charge of oversight of credit card statements, left the office.
"More hotel stays, more flights, more trips. When somebody pleads guilty they plead to the entire scheme, but it's a subset of the scheme. So, count 2 captured some of the transactions but certainly not all of them. And, as you heard me indicate to the judge, we're going to be providing an itemized list of all the expenses we think are illegitimate to the probation office and defense counsel," Holliday said after court.
Prosecutors believe Johnson and Holland were the only ones directly involved in the scheme.
On the federal count, Johnson could face up to 20 years in prison, but prosecutors say they are asking that he only spent between 12 and 18 months in federal prison. He could face a $250,000 fine, but prosecutors determined they want him to pay back $44,317.57 that they believe they can prove he took from funds intended for the office.
Johnson's attorney will have a chance to challenge that assessment before his sentencing date, which is currently set for June 4.
The restitution money would be repaid to the Kershaw County office, since that was where the bank statements were handled.
Neither Johnson nor his attorney spoke to reporters before and after the hearing, and Johnson said little during the proceeding, other than simply answering the judge's questions.
One other major condition of pleading guilty to a federal crime: Johnson will never be able to hold public office again, according to the judge.
"The message today is that the law comes in one size. One size fits all. It fits the rich, it fits the poor, it fits the citizen and it fits the elected official. It fits the prosecuted and the prosecutor. And it most definitely fits Dan Johnson," said U.S. Attorney Sherri Lydon after court.
Johnson was originally charged with more than two dozen federal charges relating to the misspending of public funds. As a a result of the indictment, Governor Henry McMaster suspended Johnson from his position that he'd held since 2010.
But earlier in the year, after initial reports surfaced about his office's spending, Johnson was challenged in the Democratic primary by Byron Gipson. Gipson soundly defeated Johnson in that primary, and won the seat in November's general election.
State charges against Johnson, which allege many of the same thing, are still pending. Holliday said the U.S. Attorney's office would leave the decision to proceed with those charges to the state.