More than five years after the unofficial end of the coronavirus pandemic, federal prosecutors filed charges against a State Representative who allegedly collected over $17,000 in fraudulent benefits.
The government announced the charges in December 2025. According to the U.S. Attorney’s Office in Atlanta, Sharon Henderson (D-Newton County) faces two counts of theft of government funds and 10 counts of making false statements.
Government lawyers allege that state Rep. Henderson applied for federal pandemic unemployment benefits while running for the Georgia House in 2020, claiming her “current employer” at that time was Henry County Schools. However, the DOJ says she hadn’t worked for Henry County Schools since a five-day stint as a substitute teacher in 2020. The DOJ says she collected $17,811 in unemployment benefits.
“It is shocking that a public official would allegedly lie to profit from an emergency program designed to help suffering community members,” remarked United States Attorney Theodore S. Hertzberg. “Politicians who violate the public trust and steal from the needy to enrich themselves will be held accountable.”
How Georgia’s Statute of Limitations Affects Fraud Cases
We know what you’re thinking. The statute of limitations in most felony cases is four years. How could the DOJ file charges in 2025 for fraud that allegedly occurred in 2020?
First, note that the statute of limitations is an affirmative defense. A Marietta criminal defense lawyer must raise this defense in court. Otherwise, the government can file charges against any person at any time.
Second, a modified version of the delayed discovery rule usually applies in criminal cases. Typically, the SOL clock begins ticking in criminal cases when prosecutors should have known about the crime, injury, or perpetrator, especially for hidden offenses like child abuse or fraud. The defendant then has the burden of proof to show that prosecutors could have discovered the offense earlier.
Let’s take a closer look at likely delayed discovery rule criminal cases, beginning with child abuse matters.
Some states have extended, modified, or even eliminated the SOL in child abuse crimes, mostly because these matters almost always involve delayed discovery. Many child sex abuse victims must go through years of therapy before they come face-to-face with abuse, let alone uncover the source of that abuse.
Fraud cases are similar in many respects. Generally, a criminal fraud investigation has two phases. Each phase has weaknesses a Marietta criminal defense lawyer can exploit.
Outcry
In fraud cases, forensic accountants occasionally audit records and discover fraud. However, in most cases, someone squeals. Someone involved in the fraud scheme agrees to give investigators information about that scheme, usually in exchange for leniency or money.
Largely depending on the size of the payment and a few other factors, such as a track record of providing accurate information, paid informers are almost inherently unreliable, unless they offer some corroborating proof. Many people will say practically anything for love or money.
Investigation
Once authorities learn about possible wrongdoing, they must gather more evidence to establish probable cause. In most state misdemeanors, prosecutors may file cases straightaway. In most state felonies and all federal cases, a grand jury must indict the defendant.
Probable cause in a criminal case is a bit like serving papers in a civil case. When a plaintiff serves a defendant papers, those papers simply give notice of the proceeding, at least in most cases. Usually, they have no legal force or effect. Likewise, a probable cause determination is little more than notice of a criminal proceeding.
A Marietta criminal defense lawyer typically calms defendants in these situations. In direct file cases, defendants often accept unfavorable plea bargain offers to get it over with. If a grand jury considers the matter, many defendants think once they appear and explain things, the grand jury will drop the matter.
Both these plans are bad ideas. In direct file cases, an attorney needs time to develop a defense. Furthermore, whether or not the defendant testifies, the grand jury indictment rate is over 99 percent.
Strong Legal Defenses in Georgia Fraud Cases
The aforementioned defenses in a fraud case are roughly the same defenses which are available in all criminal cases.
- Procedural: Interrogations which violate the Fifth Amendment may be the most common procedural defense in fraud cases. Frequently, investigators ask fraud suspects to come in and “clear things up.” To maintain the appearance of congeniality, they don’t advise defendants of their Fifth Amendment rights.
- Substantive: Basically, fraud is a material misrepresentation of a current fact that’s calculated to produce a financial benefit. Prosecutors must establish all three fraud elements beyond any reasonable doubt. A statement regarding past employment, while inaccurate and most likely illegal, may not be fraudulent.
- Affirmative: We discussed one affirmative defense in criminal cases (the statute of limitations) above. Coercion is a more common defense in fraud cases, especially for low-level participants. If Sarah’s boss tells her to falsify bank records, she’s arguably acting under duress, for fear of losing her job.
Procedural and affirmative defenses are all or nothing. The defendant must prove that investigators violated the defendant’s constitutional rights or an affirmative defense applies. A substantive defense must only create a reasonable doubt. A Marietta criminal defense lawyer doesn’t have to “prove” anything.
PTI in Cobb County
Pretrial Intervention (a/k/a Pretrial Diversion) is almost always an option in Cobb County nonviolent cases, especially if the defendant has no prior criminal record. Program requirements vary, but most participants must comply with specific conditions tailored to the nature of the offense. These may include community service, restitution payments, counseling, drug or alcohol treatment, educational courses, or regular check-ins with a program supervisor. The requirements are meant to address the underlying causes of the behavior rather than imposing punitive sanctions.
Most diversion programs last between several months and a year. Successful completion results in the dismissal of charges, allowing participants to avoid a criminal conviction and, in many cases, become eligible for record restriction. These probabilities make PTI a very attractive option, even if the defendant has a possible legal defense.
Diversion is a no-lose proposition. Failure to meet the terms of the agreement usually simply means reinstatement of the original charges and continuation of the criminal process. Additionally, a Marietta criminal defense lawyer gets additional time to prepare a defense.
Prosecutors aggressively pursue fraud and other white-collar crime cases. For a free consultation with an experienced Marietta criminal defense attorney, contact The Phillips Law Firm, LLC. The sooner you reach out to us, the sooner we start working for you.
