By Jerry Jordan, Editor
A federal jury in Washington DC has returned guilty verdicts all charges against Patricia Pauline Driscoll, who was charged with first-degree fraud, wire fraud and tax evasion.
Originally, Driscoll faced an eight-count indictment but the first count of interfering with the administration of IRS laws was dismissed and two more counts – mail fraud – were dismissed by Judge Leon after he ruled prosecutors did not prove their case on those issues.
The two counts of wire fraud carry a maximum sentence of 20-years in federal prison and the single count of first-degree fraud carries a punishment of 10 years under the District of Columbia regulations. The tax evasion charges begin at five year sin prison but fluctuate based on the federal justice system’s sentencing guidelines.. Prosecutors showed Driscoll solicited money for the Armed Forces Foundation charity that she ran, utilizing or contacts in the NASCAR community and other areas and then misused those funds.
Shortly after the verdict was read, Brian Stolarz, who represented Driscoll told Kickin’ the Tires that, “The jury got it wrong. We will appeal.”
Driscoll was not taken into custody and will be allowed to present herself for sentencing at a later date, according to Stolarz.
CLICK TO VIEW: Patricia Driscoll – Indictment
Rather than helping military members and their families as the money was intended, prosecutors used banking records, emails and other evidence to show jurors that Driscoll used more than $500,000 to pay her personal expenses, buy jewelry, alcohol, personal items and cover business expenses for her privately-held security firm, Frontline Defense Systems. Driscoll was first exposed for questionable expenditures by Kickin’ the Tires in February 2015 after an in-depth review of financial records leaked to the media outlet.
During the course of deliberations, jurors sent out nine notes asking for various pieces of evidence. They also complained and sought an alternative juror to replace a male juror, who they believed was not following the rules set forth by U.S. Judge Richard J. Leon. It was originally thought the male juror would cause a “deadlock” on the two tax evasion charges but a spokesperson for the D.C. courts stated Thursday that Driscoll was found guilty on all counts.
“She (Driscoll) stole more than $500,000 and evaded paying her fair share to the IRS,” said Virginia Cheatham, lead prosecutor for the U.S. Attorney’s Office for the District of Columbia, during jury Voir Dire at the beginning of the trial. “She was the sole decision-maker, nothing happened at the AFF without her approval. She bamboozled, cajoled and bullied people to get her way. She hid things from the (AFF) board of directors and made false claims that 95-percent of the money (donated) to the AFF went directly to help military members and their families.”
Prosecutors told jurors that Driscoll was a manipulative bully who used the AFF to line her pockets.
Because the federal government uses what is known as “Federal Sentencing Guidelines” all punishments are established based on a system of points or levels and previous criminal history. Driscoll has no criminal history, so her Criminal History Points should be at 0 or 1. For example, the fraud charge carries a Level 7 penalty but because Driscoll is alleged to have defrauded donors out of $500,000 the penalty level could be increased by 14 – making the first-degree fraud penalty level at 21. Additionally, if she is found to have defrauded more than 50 people the penalty again increases by four levels to 25. That level would call for incarceration in federal prison for a period of between 51 and 63 months.
CLICK TO VIEW: Federal Sentencing Guidelines
Driscoll is the former girlfriend of NASCAR Cup Series champion Kurt Busch and used his status and connections to NASCAR to solicit money and other donations for the AFF. She made a false allegation against him in 2014 that he choked her inside his motor coach at Dover International Speedway but prosecutors dismissed her claims after an investigation proved there was not enough evidence to support even bringing the case forward to a grand jury.
In court, Driscoll’s attorney told jurors that Busch was the catalyst for all the bad things that had happened to Driscoll and that the entire NASCAR community has turned against her.
On the night in question, she used an access code she secured during their relationship and brought her son with her from Baltimore in the middle of the night to confront Busch. It was not the first time Driscoll had made allegations of domestic abuse against a significant other. In fact, throughout her entire life – beginning as a teenager – court records from Texas and Maryland show Driscoll has repeatedly made claims of abuse, including making claims against family members.
In the Busch incident, Driscoll sought a financial settlement from Busch to drop her claims. It was a tactic she also used in a divorce case against her first husband, according to previously-filed state court records in Maryland.