By JEN McCAFFERY
THE ROANOKE TIMES

Archives Reprint

   A federal judge denied former National D-Day Foundation president Richard Burrow's request to dismiss some of the fraud charges against him, clearing the path for the case to go to trial in December.

    Senior U.S. District Judge James Turk ruled that federal prosecutors have sufficiently detailed the allegations against Burrow. The ruling leaves the question of whether Burrow deceived the commonwealth of Virginia and the Bank of the James with how he raised funds for the $25 million memorial up to a federal jury.

    "While it is entirely possible that the defendant could have honestly believed that his actions were lawful," Turk wrote in an opinion filed in federal court Tuesday, "and that he did not actually intend to conceal any information from the Commonwealth of Virginia, the resolution of this factual question is the very reason for a trial in this matter."

    Burrow, 55, is charged with mail fraud, wire fraud, bank fraud, and loan application fraud in connection with how he raised millions of dollars to build the memorial in Bedford, which opened last year with President Bush in attendance.

    "Now it all boils down to whether the facts support what the government says they do," said First Assistant U.S. Attorney Morgan Scott.

    Federal authorities began looking at Burrow's fund raising after it came to light a few months after he stepped down that the foundation could not pay $5 million it owed to contractors and that it had improperly spent another $2 million in donations.

    The foundation filed for bankruptcy protection earlier this month, though lawyers for the foundation and the creditors on the case have said they want to work together to keep the memorial open.

    Roanoke attorney John Lichtenstein, who is representing Burrow, said he was not surprised by Turk's ruling.

    "We are looking forward to getting it before a jury," said Lichtenstein, who has disputed that what Burrow did was illegal. Burrow's trial is set for Dec. 9 in federal court in Lynchburg.

    In response to Lichtenstein's arguments that federal prosecutors did not sufficiently lay out the allegations of mail fraud and wire fraud, Turk wrote that courts have given wide berth in interpreting what constitutes those frauds "to ferret out schemes to defraud that cannot be discovered at first glance."

    "The most intelligent schemes, and the ones that are most difficult to discover and prosecute, cannot be readily identified," Turk continued. "Instead, the government must prove an intent to defraud through half-truths and deceit hidden within otherwise legal actions."

    Turk did ask federal prosecutors to provide more information to Burrow on the bank fraud allegation. Scott said they would comply with that order shortly.

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