Then the phone rang. On the other end was Brenda Simms, a 25-year-old
assistant at the center, who used what Decker remembers as a remarkably calm voice to
deliver stunning news: Linda, she said, the State Police are here and they have a warrant.
Is there a procedure you want me to follow?
Decker was speechless. At that instant, there was a thundering sound at her front door.
Theres someone banging, she told Simms, Ill have to call you back. "As
soon as I opened the door, there was just this great rush of people," Decker recalls.
They moved quickly into her house, going upstairs and downstairs and into her office.
"I was in shock," Decker says. "Somebody suggested that I sit down in the
living room, which I did. And then a nice, well-mannered man who was in camouflage kind of
stuff said, Maam we have a search warrant."
The Sticking Points
The Flory Center in Manassas sees the states requirements as unnecessary
bureaucracy. Specifically, the centers board objects to the following:
1) Allowing the state director to participate in interviewing and hiring of a center
director. The Flory Center director is an employee of the center, not the state, the board
argues.2) Giving the state director veto power over applications for federal grants.
3) Requiring the centers to follow the Virginia Small Business Development Center
Policies and Procedures Manual. Flory Center officials say they cant agree to be
bound by a manual thats subject to change during the year.
4) Requiring that audit reports be submitted to the state within 45 days of completion.
The Flory board wants more time to review the audit before sending it to the state office.
5) Giving the state the authority to develop a professional development program for the
Flory director. The state considers such training part of effectively implementing its
strategic plan for the network. The Flory board argues that it knows best what training
its director needs. |
Back at the center, State Police investigators along with at least one FBI agent
had gathered three of the centers employees in its library. With them was client
Chuck Colgan Jr., son of a state senator. The last to join them was Donna Flory,
Deckers 39-year-old daughter, who handles accounting for the center. She was on the
phone in her upstairs office when the police arrived. A man in a dark baseball-style cap,
a bulletproof vest and boots came up the stairs, she says, "flailing a piece of paper
around, saying, State Police, we have a warrant. ... I asked if he needed me.
He said, Yes, you need to get off the phone."
Flory, no relation to the late Dr. William E.S. Flory, the centers namesake, was
handed the warrant by State Police investigator Jonathan Watson, who had prepared it.
"I saw in big, bold letters that absolutely terrified me, embezzlement,
misappropriation or misuse of funds," Flory says. "My immediate reaction
was, Are you sure you havent made a mistake?"
When agents realized Colgan was a client, they told him he could leave, which he did.
Agents stayed all day, questioning employees and boxing up documents. They left
Deckers house around 6 p.m. and the center two hours later. Afterward, the
centers four employees went to Deckers house, where they joined a few members
of the centers seven-member board of directors to recount the days events. The
session broke up around 1 a.m.
Flory drove the few miles to her own home, where her husband, Don, was waiting.
"At that point I was a basket case," she says. Her head was spinning with the
images of the police in body armor, her name on the warrant and that word:
embezzlement.
"You get up and go to work, not expecting anything like this," she says,
"and come home 20 hours later with your entire life turned upside-down."
The Allegations
The sealed affidavit that Watson used to obtain the warrant includes dozens of allegations
against Decker and Flory spanning a period from mid-1997 to early 1999. They were based on
information provided by two unnamed individuals who gave police copies of parts of the
Flory Center ledger book and statements for the centers two credit-card accounts.
Among the allegations: that Decker charged more than $2,700 to a Flory Center credit
card during a business trip to Scottsdale, Ariz., in October 1997 for a meeting of the
National Advisory Council of the Small Business Administration. As a member of that
council, Decker was eligible for reimbursement from the SBA for those expenses, but she
never reimbursed the center, the affidavit alleges. Same for a November 1998 SBA meeting
in Seattle, during which Decker charged more than $2,300.
The affidavit also alleges that on a business trip to Savannah, Ga., in October 1998,
Flory and Decker made "questionable charges" on Flory Center credit cards,
shopping at specialty shops and buying a $268 tour package. Decker also was accused of
spending $1,527.32 in December 1998 to send out 57 lemon pound cakes from Rowenas
Gourmet Foods in Norfolk. The affidavit states that only 13 of the gift cards sent with
the cakes mentioned the center. The rest said, "Love, Linda," or "Merry
Christmas! Santa Claus." According to the affidavit, that was using Flory Center
money to buy personal gifts.
Eventually, the allegations faded away. Five months after the raid, Deckers
lawyer, Bernard Fagelson, got a call from Prince William County Commonwealths
Attorney Paul Ebert, who said neither woman would be charged. In September, the State
Police returned 37 boxes of seized documents.
By then, though, the women had endured months of strain and the humiliation of stories
in the local newspaper detailing the allegations. "Once it became public, you
dont even want to show your face anymore," Flory says. She regularly
volunteered in the community entertaining as Tootles the Clown for charity events
and playing trumpet in the Northern Virginia Community Orchestra. After the stories, she
says, "I totally withdrew from things that I took part in. I wasnt really
worried about the people that knew me well, but its those acquaintances. You wonder
if theyre thinking less of you."
The Timing
It wasnt just the accusations that upset the Flory Center and its supporters. It was
the timing. The raids came in the midst of a dispute the center was having with the
states Department of Business Assistance. The state, according to Decker and others,
wanted more control over how small-business development centers operated such as
the selection of center directors, the timing of audits and the handling of federal grant
applications. To exert control, the state laid out its requirements in agreements the
centers had to sign before the state would distribute funding that was earmarked for
small-business development. No signature, no money.
The Flory Centers board didnt want the state so involved in its affairs.
Besides, the board reasoned, the money the state was handing out was mostly federal
dollars. "We just felt that it was an extension of government bureaucracy," says
Joseph France, the Flory board chairman.
When the raids came, suspicions immediately rose that the two were connected. "I
assume that it was orchestrated to totally discredit Mrs. Decker, and with the ultimate
intention of closing the center," says Sharron Baucom, a Flory board member and
member of the Prince William Industrial Development Authority. Says State Sen. Charles
Colgan, D-Manassas: "Its hard to believe there wasnt somebody pulling the
strings. I have to think that they were tied together, but I cant prove that."
Joshua N. Lief, deputy secretary of commerce and trade, who became involved in 1998 in
an attempt to end the dispute, calls those allegations "ridiculous." As soon as
he learned of the Flory Center allegations and search warrants, Lief says, he questioned
people in his department to see if there was a link. "It was a strange coincidence,
and I knew that would come up." He says he found no connection.
Read the affidavit, Lief suggests. The allegations came from someone who knew the
centers operations well and there is no apparent link to any state employee.
Decker has no concrete evidence that the contract dispute and the raid are connected.
But she is deeply suspicious. The raids, she says, "were solely staged to
intimidate." She and her supporters are harshly critical of the State Police
investigation. What about the thousands of dollars in SBA travel reimbursements that
Decker supposedly pocketed instead of passing them along to the Flory Center? Flory says
most expenses for those trips were paid directly by the SBA, so there was no reimbursement
expected. And the travel costs that Decker could submit to the SBA were submitted, she
says, though the reimbursement hasnt yet been received.
"The SBA has never written me a check in my entire life, and that would have been
a very easy thing for (the State Police) to check," Decker says. But "nobody
checked anything just alleged it. If I had done that, I guess that could qualify as
something really bad, but I didnt do it." The cakes? They were thank-you gifts
to the centers clients and supporters, she says.
France complains that police could have found what they needed in publicly available
audits of the center. "The information was available," he says. "There was
no reason in the world for the raid and the confiscation and the secrecy."
Baucom says the board gets quarterly financial statements from Decker "that
account for every penny, every check thats written. ... Theres nothing that
goes on over there that we didnt know about."
Why, Baucom and others ask, did the State Police send armed SWAT team-like agents to
invade a farmhouse occupied by four women and a five-pound poodle named Josh? Chuck Colgan
Jr. called the scene at the center that morning "unbelievable. Youd have
thought it was a crack house. Im not bashing the police, but I cant believe
they needed that kind of firepower," he says. "It seemed to me they were making
a statement of some kind."
Not so, says Darrel Stilwell, director of the Bureau of Criminal Investigation for the
State Police. "The case was handled like any other," he says. "The attorney
generals office came up with information and we came up with information that
resulted in an affidavit for a search warrant," he says. Despite the descriptions by
Decker, Flory, Colgan and others of agents in body armor and camouflage, Stilwell insists
his agents were dressed in business suits.
There is no standard approach to serving warrants, he says. It depends on several
factors, such as the location and the type of business and the potential risk to
law-enforcement agents. Sometimes people will try to destroy evidence. "We try to put
together a group of people that can handle whatever we run into," he says. "We
do not go out there to mistreat people."
The Conflict
After the raids, negotiations between the Flory Center and the state struggled on. In
early June, Decker, Baucom and France had a final unsuccessful meeting in Richmond with
David Dickson, director of the states Department of Business Assistance, and deputy
director John Waddell. Three weeks later, Robert Wilburn, director of the state small
business development network, told Decker by letter that the Flory Center wouldnt be
reimbursed for its expenses and was effectively out of the state network.
In August the Flory Center board sued the state, seeking the $200,000 that the center
had budgeted for its 1999 spending plan, which totaled $430,000. The suit claims that
state officials had told Flory Center leaders to keep doing their work until the agreement
was reached. But when no deal was struck, the state refused to reimburse the center.
France called the experience "very disturbing and very disappointing. Ive
always felt the Flory Center has been so successful." France is not alone in that
assessment. Federal Small Business Administration regional director Charles Gaston called
the center "the biggest producer within the network" of small business centers
in Virginia. "They do a fantastic job," he says. In 1996, the state office named
Decker its "Employee of the Year" a misleading compliment, since Decker
isnt a state employee.
State officials, though, dont want to talk about the centers record.
"All Im saying is that they were offered the contract and they elected not to
sign it," Waddell says.
The Flory Center is one of the most independent small-business centers in the state,
which may be one reason for the conflict. It was founded in 1991 by the Prince William
Industrial Development Authority as an independent, nonprofit corporation serving Prince
William and Fauquier counties plus the cities of Manassas and Manassas Park. Its
relationship with the state has always been an arms length "partnership."
While other centers typically are hosted by a college or university, institutions
accustomed to give and take with the state, the Flory Center is guided by its own board.
It has enjoyed strong financial support from local governments and economic development
groups 70 percent of its funding from 1991 to 1998 was local, Baucom says.
Thats reason enough for the state to back off, she says. "If its supposed
to be a partnership, then why is the minority partner claiming control?"
Decker, though, believes the raid and the states hard line with the Flory Center
were fueled in part by past confrontations shes had with the state office.
In 1996, the General Assembly increased funding for the states small-business
development program by $500,000. Decker expected some of that money to come to the Flory
Center, because its localities had always put up more in matching funds. But Decker says
she was told that she would have to raise even more local funds to get more from the
state.
In frustration, Decker threw a bomb at the state office in the form of a package
of financial data on the state program dubbed "Unanswered Questions." Decker
says she sent it to then-Gov. George Allen and his general counsel. She questioned how the
state office was spending its money asking, for example, why its 1995 budget showed
$27,403 for a business analyst when, according to Decker, it didnt have one.
Dickson says he was aware that Decker had disputes with his predecessors, but those are
in the past. "The charge of retribution makes no sense," he says.
Not All Agree
Virginia officials see the statewide network of 24 centers as part of their effort to
offer small-business counseling and to leverage federal dollars through matching grants.
They want a certain uniformity in how each center operates. The SBA requires the state to
provide "careful and constant oversight" of the program, Dickson said in a
written response to questions from Virginia Business. "We are not a mere conduit for
federal and state funds, but have well-documented management responsibilities,"
Dickson wrote.
But the Flory Center hasnt been the only one unhappy with state oversight. Jerry
Hughes, who directed the small-business development center at Longwood College for 10
years, says that since the programs inception, the state has consistently
underfunded the network of small-business centers. Then it interpreted the problems
produced by that low funding as "a need for control from state offices. Its a
typical bureaucratic response."
Hughes says the states oversight began changing in 1996, when Virginia
reorganized the old Department of Economic Development into the Economic Development
Partnership and the new Department of Business Assistance. Hughes says the state began
using the annual agreements as "a primary tool for exercising control." Hughes
signed the agreements every year, even when he objected to some provisions. There
wasnt much choice his center needed the money. But the Flory Center was
different. It had enough cash on hand to stay afloat for months while it challenged
various provisions of the agreement.
Hughes left his post last January for a job in the private sector, in part out of
frustration with the state. There are other center directors who share his view, he says.
But there are those who dont. James Carroll, director of the center in Hampton
Roads, has signed two of the states annual agreements so far and has had "no
problems whatsoever." Having the state involved in matters such as hiring center
directors makes sense to him. "The bottom line is, we have to work with the state
director. I cant understand why thats an objection."
Those feelings are echoed at the small-business development center at George Mason
University in Fairfax County. Says GMU Vice President Helen Ackerman: "As far as
were concerned, the agreement is perfectly fine and doesnt cause us any
problems with our mission."
Epilogue
The Flory Centers biggest worry these days is money. The Prince William Industrial
Development Authority spent $100,000 this summer to keep the center going. And Flory says
she and her mother combined have loaned the center $50,000 of their own money this year.
Since filing their lawsuit against the state last summer, Flory Center supporters have
been confident they would eventually get the $200,000. But in December, they suffered a
setback when Prince William Circuit Judge Barnard F. Jennings dismissed the suit on a
technicality he ruled that the center was a state contractor. And as a contractor,
it was required by the Virginia Public Procurement Act to submit written notice of its
plan to file a claim against the state, which it had not. The center is planning an
appeal.
After cutting its ties to the Flory Center last summer, the state set up a new
small-business development center in Manassas. Dickson says it can co-exist with the Flory
Center. "Its my understanding that the Flory Center is part of Prince William
Countys overall economic development strategy," he says. "Im all for
it."
Decker says the center will make up the missing funds next year by asking for more
money from the localities it serves. "Without the state aggravation ... it means that
you can devote 100 percent of your effort to your local area," she says. In October,
the center signed an agreement with Gaston at the federal SBA office in Richmond to
continue working together.
In October, Decker and Flory filed a Freedom of Information Act request asking for
files on the allegations against them. The State Police denied that request, citing a
state law that allows authorities to keep those kinds of records secret at their
discretion. And Decker has written four letters to Gov. Jim Gilmore asking for help but
has received no response, she says. Shes still shaken by the events, but isnt
planning to let the matter drop personally or professionally.
Maybe, Decker says, supporters in the General Assembly will be able to recoup the lost
funding in the upcoming session. "I tried, really, to make it work," she says.
"Part of my anger now is that I wasted so much time."