Baton Rouge, LA – Cherie Marie Courtney, 42, of Plaquemine, Louisiana, was sentenced to two years in federal prison followed by three years of probation on August 26, 2010, after being convicted of perjury. The conviction stems from false testimony Courtney provided during the 2003 trial of Shawn Decareaux Kilgarlin, who was facing charges of mail fraud and obstruction of justice.
Courtney’s deceptive statements directly impacted the outcome of Kilgarlin’s trial. Evidence presented showed her testimony led to Kilgarlin’s acquittal on one count of mail fraud, despite ultimately being found guilty on another mail fraud charge and one count of obstruction of justice. Prosecutors argued Courtney intentionally misled the court, hindering the pursuit of justice in a case involving the falsification of drug test results.
The Underlying Fraud
The initial case against Kilgarlin revolved around allegations of fabricated drug test results for employees of a scaffolding company. Details surrounding the falsification and its purpose remain somewhat obscured in court records, but the EPA investigation revealed a deliberate effort to manipulate testing outcomes. Courtney’s role wasn’t in the initial fraud, but in covering it up when called to testify.
Investigation and Prosecution
The United States Environmental Protection Agency (EPA) spearheaded the investigation into Courtney’s false testimony, recognizing the severity of obstructing a federal case. Senior Litigation Counsel M. Patricia Jones and Senior Deputy Criminal Chief Corey R. Amundson of the U.S. Attorney’s Office for the Middle District of Louisiana successfully prosecuted the case, demonstrating a commitment to upholding the integrity of the judicial process.
Legal Ramifications
Courtney was originally charged on November 18, 2004, with two counts of perjury, a violation of Title 18 U.S. Criminal Code, Section 1623 (18 U.S.C. 1623). This statute specifically addresses knowingly providing false testimony under oath in a federal proceeding. The penalty for perjury under this law can include a prison sentence of up to five years and a fine. Courtney received a 24-month incarceration sentence, falling within the range permitted by the statute, along with a 36-month probationary period following her release.
U.S. Attorney’s Stance
U.S. Attorney Donald J. Cazayoux, Jr. emphasized the importance of holding individuals accountable for perjury. “We will vigorously investigate and prosecute those who undermine the integrity of the criminal justice system by committing perjury or otherwise obstructing the administration of justice,” Cazayoux stated following the sentencing.
Key Facts
- Defendant: Cherie Marie Courtney
- Crime: Perjury
- State: Louisiana
- Year: 2010
- Statute Violated: 18 U.S.C. 1623
- Sentence: 24 months imprisonment, 36 months probation
- Impact: Courtney’s false testimony led to the acquittal of Shawn Decareaux Kilgarlin on one count of mail fraud.
- Investigating Agency: United States Environmental Protection Agency (EPA)
Source: EPA ECHO Enforcement Case Database
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