The trial of Kurt Busch’s former ex-girlfriend was concluded in November 2018; Jury results were unanimous at the time
Patricia Driscoll is the former girlfriend of Kurt Busch. She was found guilty in November 2018 following a four-week trial of two counts each of wire fraud and tax evasion. Additionally, one count of fraud.
In September 2019 she was sentenced to 12 months and one day in federal prison. Upon releases, she would see 36 months supervised release with home confinement. Additionally, she would be forced to serve 360 hours of community service.
She was ordered to pay $154,289 in restitution. Another $81,779 was to be paid in a money judgment forfeiture.
Driscoll filed an appeal. She argued that the District Court committed several errors that warrant a new trial or dismissal of the indictment.
On Tuesday, the U.S. Appeals Court for the District of Columbia reversed the conviction of Patricia Driscoll.
“She argues that the District Court should have granted a pretrial discovery motion that would have revealed Government misconduct. And she argues that the District Court delivered multiple coercive anti-deadlock instructions to the jury.”
The Appeals court noted that the trial judge “increasingly strayed” from approved language regarding jury instructions. The appeals court also noted, “taken together, under the circumstances of this case, these instructions likely coerced a lone holdout juror to surrender his or her honestly held views in favor of a unanimous verdict.”
The appeals court stated, “We agree that the anti-deadlock instructions likely coerced a unanimous verdict. Accordingly, we vacate Driscoll’s convictions and remand for a new trial.”
“We are very pleased with the Court’s thorough and well-reasoned opinion. Patricia Driscoll has maintained her innocence throughout this long road to justice and we will continue the fight as long as it takes,” stated Driscoll’s attorney, Brian Stolarz.
What are claims against Patricia Driscoll?
Driscoll is the former executive director and president of the Armed Forces Foundation.
A former employee contacted the FBI to inform them on the case.
Court documents stated that she, “solicited donations to Armed Forced Foundation by making representations that 95% of donations would go to benefit military members and their families.”
A 2015 IRS/FBI investigation found that she used forged documents, false accounting entries and inflated donation amounts. They noted, “in order to convince donors to give money to the (Armed Forces Foundation), thereby enriching herself.”
“She stole more than $500,000 and evaded paying her fair share to the IRS,” said Virginia Cheatham, prosecutor for the U.S. Attorney’s Office for the District of Columbia on the first day of the trial last year.
She is accused of using AFF funds to pay off personal and business related expenses, bringing a fraud charge.
Jewelry, alcohol and other items were paid for using funds from the AFF instead of using those funds to help military families. The tax evasion claim stems from 2012 and 2013. Courts show, “an additional $3,000 per month payment to herself, to pay for such items as her car, gas, cell phone.”
She failed to report the extra income on her personal tax return, bringing a tax evasion charge.