United States of America v. Gary Blair Shaffer

Charleston, South Carolina criminal defense lawyer represented defendant charged with stealing seized cash.



The United States of America charged Gary Blair Shaffer, former Chief of the City of Manning Police Department, with stealing nearly $80,000 in seized cash in 2015.



“Those who are sworn to uphold the law must lead by example. The Defendant here dishonored his oath, violated the public’s trust, and deserved his federal prison sentence,” said U.S. Attorney McCoy. “As this case shows, no one is above the law. This office will not allow those who are supposed to protect our community to take advantage of the people of South Carolina.”



Evidence presented to the court showed that, as Chief of Police, Shaffer had unfettered access to the Manning Police Department’s facilities and evidence rooms. On September 12, 2015, following a traffic stop in which drugs and nearly $80,000 in cash were seized, the drugs and money were placed in the Manning Police Department Evidence Room. Beginning a week later, Shaffer began making large cash deposits, ranging between $500 and $5,000, in a series of separate transactions. Between September 19, 2015, and November 10, 2015, Shaffer deposited $78,514 in cash into his personal banking account. All of this money was stolen from the evidence room.



After a tip was reported to the Federal Bureau of Investigation (FBI), Shaffer was contacted by law enforcement officers and falsely denied stealing the money. He deceived officials a second time, before ultimately being charged with, and pleading guilty to, theft of government funds and making a false statement to law enforcement.



United States District Judge Bruce Hendricks sentenced Shaffer to one year and a day in federal prison, to be followed by a one-year term of court-ordered supervision. There is no parole in the federal system.



The case was investigated by Special Agent Aaron Hawkins of the FBI. Assistant United States Attorney Brook Andrews prosecuted the case.



18:666 CONVERTS TO OWN USE PROPERTY OF ANOTHER in violation of 18:666 with forfeiture allegations

(1)

The defendant was committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total term of twelve (12) months and one (1) day. This term consists of twelve (12) months and one (1) day as to Counts 1 and 5, all such terms to run concurrently. The defendant shall pay the mandatory $200 special assessment fee and restitution in the amount of $29,726.67, both due beginning immediately. The court makes the following recommendations to the Bureau of Prisons: The defendant shall be designated to Butner, North Carolina or the camp in Williamsburg, South Carolina to facilitate family visitation. The defendant's reporting date shall be delayed until February 2021. Upon release from imprisonment, the defendant shall be on supervised release for a term of one (1) year. This term consists of one (1) year as to Counts 1 and 5, all such terms to run concurrently. While on supervised release, the defendant shall comply with the mandatory and standard conditions of supervision outlined in 18 U.S.C. 3583(d) and USSG 5D1.3(c). The defendant shall also comply with the following special condition: 1. The defendant shall pay any unpaid balance of the restitution to the U.S. Clerk of Court at a rate of not less than $875 per month, beginning within 60 days of release. Interest on any restitution ordered is waived. Payments shall be adjusted accordingly throughout supervision, based on the defendant's ability to pay. The defendant shall forfeit the defendants interest in the following property to the United States: As directed in the Preliminary Order of Forfeiture, filed January 16, 2020 and the said order is incorporated herein as part of this judgment.