Stolen: over $430,000 from Cherokee County tax office (and they won't report who did it)

They won't tell you who stole $431,375 out of the Cherokee County, TX courthouse over a 5 year period. 

Every wonder why your property taxes keep going through the roof each year? It was quietly reported in July 2022 that the Texas Rangers were investigating the disappearance of over $430,000 in funds from the Cherokee County, TX Tax Assessor-Collector's office.  (Source: Funds missing from Cherokee County tax office, KLTV) After all the hemming and hawing with the County Appraisal District's property tax shortfalls, even blaming "clerical data entry mistakes," there is a simple reason why the county tax roll levy doesn't match what is reported to the State Comptroller. (Source: Jacksonville council calls for chief appraiser’s removal,  Jacksonville Progress)

County commissioners gear up to sue courthouse thief before their unnamed coworker is charged. Or will she ever be charged?

Will she be indicted by her cousins at all? After several forensic audits, $431,375.91 was confirmed stolen between 2015 and 2021 by an elected official in the Cherokee County Tax Assessor's Office.  Instead of publishing the name of the former Cherokee County official responsible for the missing money, the Cherokee County Commissioners Court is suing the unnamed female embezzler in Civil Court with the help of Tyler based attorneys Flowers Davis PLLC. (Source: County leaders to pursue civil suit in tax office theft case, Cherokeean)

In 2021, an internal audit of the Tax Assessor’s Office revealed county documents did not match what was reported to the state comptroller, said the Cherokeean.

Another audit was conducted by an outside company, and they also found there was an inconsistency and that $431,375.91 was missing, said officials. This was allegedly taken between 2015 and 2021 by an employee who had worked for the county for several years, according to the Cherokeean.  (Source: Cherokee County Commissioners Court votes to begin civil suit after money stolen from county tax office, KETK)

Cherokee County Commissioner's Court "...we're gonna get that money back from her, but we ain't gonna tell you who stole it..." (Courtesy: Jacksonville Progress)

 

 

Putting the cart before the horse.

With countywide elections around the corner, County Commissioners are eager to appear on top of the $430,000 stolen out from under their noses. They've announced a lawsuit against a still unnamed and unindicted defendant who is apparently related to members on the last two sitting 2022 Grand Juries. This gives the District Attorney's office time to wrangle with the thief's cousins behind closed doors before a potential trial jury is hand-picked and she is offered a settlement. Of course local media doesn't question the bass-ackwards civil suit against an undisclosed former county employee who hasn't been charged with an actual crime. In the interim you are to assume a low level courthouse clerk is capable of doctoring the books of nearly half a million dollars reported to the State Comptroller. They wouldn't lie to you...

Friends in low places

Will Elmer Beckworth recuse himself?

The "investigation" into the missing $430,000 began in January 2022; it was hidden from the public for 7 months until being leaked to the press in July 2022.  It's been over a year since the initial audit confirmed the stolen $430,000 and there are no reports of any criminal charges being filed by good friend Cherokee County District Attorney Elmer Beckworth who works in the same building as the thief.  As does Chris Davis and the entire Commissioners Court. She always brought cookies for everyone...

Gina Upshaw, (4th from the left) et al are lauded with their 15-year service awards, circa 2019 (Jacksonville Progress).

 "Just pay back what you can and don't talk to nobody..."

 

 Missing vs. Stolen

Audit reveals over $430,000 missing from county tax office, July 13, 2022- Jacksonville Progress

An internal audit of Cherokee County offices and departmental accounts revealed a discrepancy of $431,375.91 related to the tax office.

“Red flags were discovered by my internal auditor in doing a routine part of the audit that initially drew our attention to this,” said Cherokee County Auditor Steven Daughety. “We did do an audit report. Those findings were turned over to the D.A. because of our concerns with it.”

The information was presented to the district attorney on January 12, 2022, according to Daughety. 

District Attorney Elmer Beckworth confirmed only that the Texas Rangers were investigating the matter and that, if the missing amount is proven, the offense would be considered a felony. When questioned about the forensic auditor Daughety said was retained, Beckworth would only speak in generalities, stating the hire of a forensic auditor in such cases would be standard procedure. (Source: Daily Progress, July 13, 2022)

Where are the feds and the Attorney General?

Cherokee County voters are supposed to remain in the dark while their tax dollars are embezzled in the Rusk courthouse. Imagine the response in neighboring Smith County (with a population and budget 5 times the size of Cherokee County) if a mere $4500 went missing from the county tax rolls.  The suspected official's name and face would be all over the 6 o'clock news. Commissioners jumping the gun with a civil suit, before a criminal case has been made by the District Attorney's office, portends the Dog & Pony Show leading up to the May election cycle.  Local media does not make the correlation between hiding the identity of government thieves and their incentive to keep stealing. Obviously, they're all in on it.

Footnote 6/2/23: Gina Upshaw, 62 from Rusk TX was formerly indicted by a Cherokee County grand jury for stealing $431,375.91 from taxpayers during her tenure as Tax Assessor bookkeeper. Of course, no one in the Rusk courthouse has ever met her, or laid eyes on her. They do hope you enjoy your ever increasing property tax hikes (Source: Cherokee County tax office bookkeeper indicted for theft, money laundering, KETK).

Gina Upshaw receives 15-year service award, circa 2019 (Jacksonville Progress).

Gina Upshaw, was employed for 18 years at the Rusk courthouse with the County Clerk's office, and later handpicked by the Commissioners Court as the Cherokee County Tax Assessor Collector Bookkeeper.  (courtesy KETK)

District Attorney runs Assistant DA as opponent; Attorney General investigates missing $1.3 million Lon Morris endowment

Rusk, TX:

 'Tis the season to fool everybody, and political ads have run simultaneously in local newspapers pretending not to know of the incestuous politicking of the Cherokee County district attorney's office. Cherokee County District Attorney Elmer Beckworth (Democrat) is being "challenged" by his assistant district attorney Rachel Patton Rogers, running as a Republican, in the ONLY so-called "contested" race in the county. Beckworth has won praise from his mentor former DA and retired Court of Criminal Appeals Justice Charles Holcomb, who also related to the majority of those at the courthouse, Rusk State Hospital, and remaining county government employees. (Source: Tyler Paper, Nov. 4, 2012)  Family ties go beyond political affiliations, hence public servants' blatant nepotism for the last 40 years goes unreported during the electoral process. The only party lines in Cherokee County, Texas are the ones used to illegally eavesdrop on each other. So much for small town elections.

 Do we really get a choice when one candidate's only purpose is to keep viable challengers out of the primaries?

It is a common in-your-face tactic of Cherokee County shoring up the election, that is the hedging of votes against potential challengers. Both candidates pretend to be in competition by championing a horrible record of local child molestation cases they shared; over 300+ reported probated child sex offenders during Elmer Beckworth's 20 year tenure alone. God only knows what the docket doesn't show. Child molesters and recidivists who are offered probation per Beckworth's office, and then fail their community service requirements is not a record to run on, but to be ashamed of. Nonetheless, the current district attorney's further endorsements come from his published jury pools and the former Cherokee County sheriff - now part of a local cattlemen's association. As long as familial and personal vendettas are played out in their small time political games, no child is safe in Cherokee County. No one is safe.

 Ask the parents of molested children in Rusk and Jacksonville forced to live nextdoor to offenders who make sweet deals with the district court. Ask the loved ones slain by Cherokee County drug informants released after repeated bail violations. Asked those pepper sprayed and beaten up by Cherokee County law enforcement during high school events. Ask the sexual assault victims, battered wives and families of missing women who have to sue the county in Federal Court to get their rapes on the record.  Ask the district judge who's own bailiff is sitting in federal prison for selling crystal meth.

 As Assistant District Attorney for 20 years, Elmer Beckworth's job has been to run interference for his predecessors' judicial remands. Endorsee Charles Holcomb's last case as Cherokee County district attorney resulted in the overturning of an innocent man's so-called "murder for remuneration" conviction that resulted in a commuted life sentence. Even though all evidence pointed elsewhere, then assistant prosecutor Beckworth continued the facade of a bonafide investigation into the murder of Alto, TX feed store owner Jackie Hicks. As a district attorney Beckworth has continued that pattern of lying all the way to the state legislature in Austin.



Daily Progess, June 3, 1993



















Rusk Cherokeean Herald, Feb 22, 1996

As Elmer Beckworth's lead assistant prosecutor, Rachel Patton Rogers worked side-by-side with Beckworth and his investigators. Hence the cycle continues. Beckworth, a life long Democrat, sensed earlier in 2010 the political tides would swing overwhelmingly Republican during this county election cycle. Hence his "first assistant attorney" was quietly shuffled out last year and over onto the local Republican ticket. Are voters actually to believe that both Beckworth and his recruited assistant are vying for the job as Cherokee County's top prosecutor simply because they appear in opposite political parties? The local newspapers would have their readers believe so. Her job has been to make sure the DA office stays "in the family." Meanwhile, bogus political ads have been run simultaneously with articles on the Texas Attorney General's investigation of missing endowment money at the former Lon Morris College. Over $1 million in a restrictive trust fund deposit according to the Rusk Cherokeean is not "missing" at all:

There is no missing money at Lon Morris College. “Contrary to recent news reports, we know where the money went...” (Source: front page Rusk Cherokeean, "No Missing Funds at Lon Morris," Oct. 31, 2012)

All other legitimate news agencies are reporting the missing Dr. James Long endowment to Lon Morris College, now valued at $1.3 million. (Source: KLTV) By law, college endowment funds are restrictive, in that the principal (the $1 million gift) cannot be spent all at once, only accrued interest per the donation.

JACKSONVILLE, TX (KLTV) - Months after the oldest two-year university in the state closed its doors, a serious investigation into its finances has been opened. The Texas Attorney General's office and Lon Morris college are looking for $1.3 Million in missing endowment funds.  

A Rusk man left the money to the school, but explicitly stated in his will that the money would be transferred to Sam Houston State University if Lon Morris College ever closed its doors. 

In 2009, a little more than $1 Million was willed to the school by Lon Morris graduate, Dr. James D. Long. Because of interest, that endowment would now be worth about $1.3 Million. 

The AG's investigators are demanding a long list of documents, including emails, bank records and minutes from board meetings. They're looking for anything that leads their office to who was managing the funds that should have been deferred to Sam Houston State University. 

The Attorney General's Office says the missing endowment funds were brought to their attention after a lawyer for the Long Estate contacted the Texas State University System. (Source: KLTV, "Attorneys question if Lon Morris College honored donor's will," Oct. 25, 2012)

Attorney General questions if Lon Morris College honored donor's will.

Mistrial declared in Robert Fox “tampering with the government” case

Cherokee County tax dollars were further squandered this week as district attorney Elmer Beckworth brought bogus “Tampering with a Government Record” charges against Robert Fox to fruition. The nearly weeklong bullshit session ended in a deadlocked jury, with those relatives of law enforcement and prosecutors holding out a day and a half until deliberations were halted. Fox represented himself. His federal lawsuit against the city of Jacksonville, or as Beckworth's office calls it "a tampered with government record," has not been dismissed and is still on the Eastern District's docket. Fox's trial had been postponed for over a year after initial jury selection, in anticipation of his Federal lawsuit being heard in Tyler, TX this summer. (Source: Fox v. City of Jacksonville Texas et al Case No. 2:2010cv00158 TX Eastern District)

Robert Fox had faced a litany of concocted charges several years ago, including barratry, all of which were summarily dismissed despite the barrage of media reports about his so-called "activities" with the House of Israel. Cherokee County felt they had a blank check to storm the place and falsely accuse its members of any incendiary thing they could think of. Once Fox fought back with a Civil Rights suit against the city of Jacksonville, "tampering with a government record" charges were sought locally to quell his petition to the Tyler Federal Courts. Robert Fox spent 9 months in Cherokee County jail, unable to make his unconstitutionally high set bail. Not to mention being labeled a "terrorist threat" by the Jacksonville Police Department during press conferences. At trial Fox faced a jury composed of Sheriff James Campbell's son-in-law and others related to the individuals listed in his federal complaints. That in itself would be grounds for a mistrial or remand, but glaring corruption is of no concern to those operating Cherokee County.

The goal of this still unreported "tampering" trial was to derail Robert Fox’s meticulous civil rights suit against the county in Tyler’s Federal Court. The city of Jacksonville, TX is preparing for the federal suit to be heard and discussing it with their attorneys. This is how personal vendettas and illegal raids (resulting in federal civil rights suits) are handled by the Cherokee County’s District Attorney’s office. It is certainly OK in the locals' minds to have jury pools tampered with, false charges pushed through the court system, witnesses' phones tapped, perjury by prosecutors during voir dire admitted as evidence, etc. etc. etc. Tens of thousands of dollars and countless man-hours have been spent poisoning the Robert Fox jury pool, while pedophiles, wife beaters and other riffraff related to these people go unprosecuted.

Meanwhile, the cities of Alto and Wells,TX have both lost their police departments (Source: Jacksonville Daily Progress May 28, 2011), placing the financial strain of patrolling and responding to these areas entirely on the Sheriff Department. With school districts, county precincts and all other government agencies tightening their belts, apparently the district attorney’s budget is designed to stave off potentially large hits to the county’s liability insurance. We're waiting to read about this latest miscarriage of justice in the local courthouse-affiliated newspapers.

Cherokee County, TX has criminalized the filing of Federal civil rights lawsuits. Jacksonville Police Chief Reece Daniel even told the Daily Progress the intent of Robert Fox's "tampering with a government record" charge was to stop Fox from what Daniel saw as "cluttering up the county clerk's office with false, frivolous documents." (Source: Daily Progress Jan. 27, 2009) Robert Fox was charged with a felony for "his paper trail." If Fox's claims were frivolous, why weren't his accusations simply ignored?

The charge stems from some paperwork he [Fox] has filed in a Smith County court, but because he delivered it and made the demands in Cherokee County, we have venue,” Daniel said. “He filed an official record with the clerk’s office, which is legally considered a governmental record. Under the law, if that record contains false information, then it has been tampered with.” (Source: Daily Progress Jan. 27, 2009)

Chief Daniel and his legal advisor Elmer Beckworth believe they are both judge and jury when it comes to what complaints or briefs Robert Fox files out of county. Had Fox filed a frivolous lawsuit then it would have been summarily dismissed as their own charges against him were. Had the city of Jacksonville police department not continued its campaigns of creating charges, dropping charges, then creating more against Robert James Fox, et al, then the federal lawsuits they face would never have been filed. The county’s liability insurance premiums would be safe and their standings with the Municipal League intact. Therefore, the prime mover in the Robert Fox case has always been, and shall ever be, the city of Jacksonville and district attorney’s office out of control criminal activities. Their own actions led to Robert Fox finally filing civil complaints against them. Anyone in the United States can file any lawsuit whenever they feel the need, even prisoners on death row.

The steps are simple and followed to the letter in Cherokee County:
1. get a misinformed city judge to sign off on an open-ended Search Warrant.
2. publicize legal material confiscated during the raid that wasn’t part of the scope of the original Warrant.
3. set the Bail unconstitutionally high based on bogus charges.
4. concoct another set of charges to re-arrest and conduct another open-ended raid.
5. do the above 3 or 4 times until the arrestee has exhausted funds for bonds.
6. perform an arrest again based upon more bogus charges when the defendant appears in court.
7. repeat all necessary steps while sending press releases on how “dangerous” the “wanted fugitive” in their custody is.
8. criminalize any and all defendant's Motions and civil rights complaints.

Cherokee County has collectively tampered with government documents to claim it is a State felony to file a Federal lawsuit against them, in retaliation to Robert Fox’s civil rights cases. Then they placed Sheriff Campbell's inner circle of in-laws on Fox's jury. Their minions lap up this type of criminal conspiracy; they actually pat each other on the back for creating charges that have no basis in the penal code. They call this type of malicious prosecution as “being creative.” Joseph Goebbels himself would be proud of the propaganda the Cherokee County District Attorney told the courtroom this week. Unfortunately, many familial jurists and officers of the court are as well, but not enough to compose any press releases on the trial’s outcome. Cherokee County district court and the city of Jacksonville have absolutely no legal authority, jurisdiction or venue over any federal complaints filed in Smith County.


"The bigger the lie, the more people will believe it." — Joseph Goebbels

In America, government officials and law enforcement are accountable for their activities, both civilly and criminally. In any other part of the country these people would have been locked up and disbarred. These people have for decades used their political positions along with our tax dollars to silence opponents and crush political enemies to further their own personal agendas. Every free thinking person knows that Robert Fox has the legal to right to file any lawsuit in any Federal Court he chooses, no matter how "frivolous" or "vexatious;"  and that his, and thus our, constitutionally guaranteed right cannot be impeded upon. It is crystal clear that Cherokee County is renegade, malicious and out of bounds of the Law.

Enter at your own risk.