United States of America v. Omar Rashad Pouncy

Flint, Michigan, criminal defense lawyer Chris Quinn represented the Defendant charged with conspiracy to defraud the United States, Witness Tampering, intimidation of a witness, bribery, and subornation of prejury.

Omar R. Pouncy, 38, of Flint, was convicted of committing multiple carjackings and armed robberies in Genesee County in 2005. The trial court sentenced Pouncy to a lengthy term of incarceration. After exhausting all of his appeals in state court, Pouncy filed a federal habeas corpus petition in the United States District Court for the Eastern District of Michigan in 2013. During the federal habeas proceedings, Pouncy alleged, among other things, that he was actually innocent of the carjackings for which he had been convicted, and that another man, Jaakawa McGruder, had committed the carjackings instead of Pouncy.

On May 22, 2018, the U.S. District Court conducted an evidentiary hearing on Pouncy’s actual innocence claims. During the hearing, Jaakawa McGruder testified falsely that he, not Pouncy, committed the carjackings. During the hearing, McGruder also testified falsely that he had not been offered and was not receiving any money for his testimony or his presence at the hearing, when in fact, Pouncy paid McGruder $10,000 to testify. Pouncy’s scheme nearly worked: the district judge released him on bond and subsequently ruled in his favor. But Pouncy’s scheme was uncovered when employees of the Michigan Department of Corrections found, and later searched, two cell phones that Pouncy was using from inside prison. Text messages on the phones revealed that Pouncy coached McGruder on how to testify, providing him with details of the carjackings and robberies that only the perpetrator would know. The text messages also revealed Pouncy’s directives to others to ensure payment to McGruder in order to secure his testimony in the habeas proceeding.

McGruder and another person who assisted Pouncy in his scheme were previously convicted for their roles.

“This violent criminal lied his way back into our community. He endangered the public and directly attacked our justice system. But we uncovered his perjury scheme. And now the same courts he undermined will serve him justice,” stated U.S. Attorney Gorgon.

"Attempting to manipulate the justice system by orchestrating false testimony is a serious crime, and those who engage in schemes to obstruct the truth will be held accountable,” said Jennifer Runyan, Special Agent in Charge of the FBI Detroit Field Office. “The defendant’s actions were a deliberate effort to undermine the integrity of the judicial process. Due to the diligent work of our partners at the Michigan Department of Corrections in uncovering key evidence, members of the FBI Flint Resident Agency were able to thoroughly investigate this case. FBI Detroit will continue to prioritize public safety, keeping violent offenders off the streets and ensuring our communities remain safe.”

This investigation was conducted by special agents of the FBI’s Flint Resident Agency and officials with the Michigan Department of Corrections. The case was prosecuted by Assistant United States Attorneys Jules DePorre and Ann Nee.

The Defendant elected to plead guilty.