By Jerry Jordan, Editor
WASHINGTON DC – Patricia Pauline Driscoll stood before U.S. Judge Richard J. Leon, on Thursday, with tears flowing down her face and pleading for sympathy as she was informed she would be spending a “year and a day” in federal prison for stealing from the military charity she once ran and used as a personal ATM to travel the world, pay personal bills and party like a rock star.
Other conditions of her sentencing included, “36 months supervised release, a period of home confinement, 360 hours of community service and to pay $154,289 in restitution and $81,779 in a money judgment forfeiture.” Driscoll’s attorney, Brian Stolarz, was already on-record that he would appeal the case for his client and told Judge Leon the same during the sentencing. He has 14-days to get the appeal filed and while Driscoll is awaiting for the Appeals Court to decide on whether it will hear her case, she will be allowed to stay out of prison. However, once a decision is made, Judge Leon informed her that she would have to surrender herself for incarceration.
Stolarz excoriated the prosecution saying the American public was “doomed” if “this is how justice is done in this country.”
“I am not going to rehash all of the facts or the troubling events of this case,” he said. “This has been a parade of horrors. This whole case is tainted by what I believe is some of the most egregious governmental misconduct that I have seen in any case I have ever worked on in 20 years of practice.
“We see the remedy that you gave but it simply wasn’t enough to remove the stink from this case, to remove the taint from this case. And here we are, the prosecutor standing up here and asking for the high end of the guideline.”
For the first time since declaring her innocence at her initial appearance, which she maintained throughout the trial, after her conviction and even during the sentencing proceedings, Driscoll addressed Judge Leon. She repeatedly proclaimed how she had been a victim throughout her life – by her husband’s, her ex-boyfriend, her former employees, the media and others. Driscoll also thanked the court, her family, students in the drone piloting class she instructs and others who showed up to support her – saying they continue to help her be a better person.
“I appreciate the opportunity to talk to you,” Driscoll told Judge Leon. “For the past five years, I have had to remain silent as my good name was smeared by those who’d plot my destruction”
Previously, Driscoll had accused her then-boyfriend, NASCAR driver Kurt Busch, of physical abuse after the two broke up and she brought her son and illegally entered his motor coach at Dover International Speedway as Busch was sleeping. She filed charges against Busch and obtained a preliminary protective order, claiming Busch choked her, but the case was dismissed by prosecutors, who stated there was no evidence to show any crime had been committed. At her sentencing, she accused Busch of spending $1 million in defending his name against her complaint and also claimed he hired a public relations firm to destroy her reputation.
“I was the subject of over 750,000 stories according to Google,” she told Judge Leon. “I was all over TV for months. I had been asked to go on Good Morning America, FOX News, Dr. Phil, Entertainment Tonight, TMZ, Oprah, every major network. Congressmen asked me to come to their office and even threatened to hold hearings if NASCAR didn’t punish Busch. It was so bad and the stories were so loud that I couldn’t watch or read the news anymore. There were so many lies and so many crazy stories coming from my exes and former fired employees. It was hard to see yourself smeared this way. I had a reporter tell me that Kurt hired a PR firm to the tune of $300,000 to destroy my credibility and paid (attorney) Rusty Hardin $1 million to fight the restraining order (protective order) so he wouldn’t face charges.
“All the while, I still had a business and foundation to run.”
As Driscoll continued to sob to Judge Leon she said the IRS agent’s appearance at a publicly-accessible custody hearing was a violation of her rights because things she said in court incriminated her in matters with the IRS.
“The judge in that case was pretty much a guy like yourself and he respected people’s rights not to incriminate themselves,” she said. “I want you to understand that while I was flying all over the country and the world doing my job at the foundation and for my company, I was having severe personal struggles … had I not had all of these things going on I might have done a better job supervising my employees.”
Coincidentally, Roxanne Culver, who showed up to support Driscoll, told Judge Leon how the now-convicted felon had changed her life and helped her become a licensed unmanned remote pilot (drone pilot) with the Federal Aviation Administration. Since being fired from the AFF, Driscoll has been working with another non-profit entity, the National Center on Institutions and Alternatives, and teaching citizens to become drone pilots. She also taught classes to students at Baltimore public schools but came under fire after it was discovered she had been convicted in federal court.
“I was diagnosed with epilepsy at the age of 38 and it was very difficult for me because I have always been an independent person,” Culver told Judge Leon. “I’ve lost a substantial career, my apartment, car and everything else that I owned. My family and friends did not support me and turned their backs on me. I have not been about to control my seizures since and am now homeless, unemployed with minimal assistance.
“It’s very hard for me to have faith in anyone but I have faith in Mrs. Patricia. I trust Mrs. Patricia She has a heart and a passion to help those that society has cast away.”
A search of the FAA database confirms Culver has an FAA license but no mention of medical issues had been made in that portion of the license. The FAA typically does not allow anyone with mental health issues or uncontrolled seizures to become a pilot in any capacity, according to the Epilepsy.com website.
Also, there are no certificates listed with the FAA showing that Driscoll is a licensed drone pilot or qualified to be a drone pilot instructor. Additionally, the FAA has prohibitions against certain types of felons from possessing a drone pilot’s license, one of which includes fraud. Driscoll was found guilty of fraud.
A request was sent to Stolarz seeking clarification on these issues but he did not respond. Violations of FAA regulations can result in criminal and civil penalties, as well as, being sentenced to federal prison.
Originally, Driscoll was looking at, at least, three years in federal prison but Judge Leon granted many exceptions and reductions in the amount of fraud and theft she committed. Then, at the end of the day, he went to the lowest end of the penalty scale in making his sentence. At no point did Stolarz or Driscoll concede she was guilty of defrauding the IRS, changing tax forms, submitting fraudulent documents to the AFF’s board of directors or other criminal acts. In fact, both verbally maintained her innocence to Judge Leon.
“According to the evidence, Driscoll caused false reports to be filed on the Form 990s in a number of ways,” states a release from the U.S. Attorney for the District of Columbia. “For example, she failed to include the fact that she received commissions from fundraising, the amounts of commissions that she received from fundraising, and the other benefits that she received. Driscoll also falsely categorized and caused others to falsely categorize expenses in the Armed Forces Foundation’s books and records as being for the benefit of the veterans, troops, and their families, when, in fact, they were for her own private benefit. Driscoll also concealed from the foundation’s accountants the money she took from the charity, such as rent that was paid for the use of office space in a building that she co-owned.
“Additionally, Driscoll falsely reported and caused others to falsely report the amount of donations received by the foundation on Forms 990, by inflating the amounts of donations and incorrectly listing the types of donations. According to the evidence, she sent false and fraudulent Forms 990 to members of the foundation’s Board of Directors and to the IRS, and caused to be published Forms 990, containing false and fraudulent information. The jury found that Driscoll took the foundation’s money for her own personal use and to pay her for-profit business expenses. The tax evasion charges are for tax years 2012 and 2013.”
The lead prosecutor, Virginia Cheatham, told Judge Leon. “Stealing from charity should not be tolerated. To encourage charitable giving, donors need to be assured those whom they trust with their donations are using it and not stealing it.
Federal prosecutors said although the AFF helped a number of military members, the money that Driscoll siphoned off for her personal gain could have been used to help even more and that Driscoll’s actions hurt other charities and the money she stole was in addition to the reported $250,000 annual salary she took from the AFF.
“The mission of the Armed Forces Foundation was to protect and promote the physical, mental, and emotional wellness of military service members, veterans, and their families,” stated U.S. Attorney for the District of Columbia Jessie K. Liu, following Judge Leon’s decision. “Patricia Driscoll lied and decided to use the foundation for her own personal gain and schemes such as these undermine the work of non-profit organizations.”