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Damon Murphy, Fraud Scheme, Texas 2013

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Former EPISD Associate Superintendent Pleads Guilty to Fraud Scheme

In a shocking turn of events, 50-year-old former El Paso Independent School District (EPISD) Associate Superintendent Damon Murphy admitted to defrauding the U.S. Department of Education (DOE) by artificially inflating state and federal student accountability scores.

The crime took place in El Paso, Texas, on an unspecified date between February 2006 to September 2013. Murphy pleaded guilty to one count of conspiracy to defraud the United States. By pleading guilty, Murphy admitted that he and others implemented a scheme to violate the No Child Left Behind (NCLB) portion of the federal Elementary and Secondary Education Act (ESEA) in order to keep EPISD compliant with program requirements.

Fraudulent misrepresentations regarding EPISD’s Federal Adequate Yearly Progress standards (AYP) were submitted to the Texas Education Agency and the DOE in order to make it appear as though EPISD was meeting and exceeding AYP standards. In the 2008/2009 school year, Murphy, admittedly, gave EPISD high school principals “marching orders” to “put up barriers” to prevent 9th grade Limited English Proficiency (LEP) students and others who they perceived would perform poorly on the TAKS test from going on to the 10th grade.

Later, Murphy and others implemented a plan using partial course credits for the 10th grade to reclassify and promote those held-back students to the 11th grade thereby circumventing all mandated testing/accountability procedures including the 10th grade TAKS test.

Murphy, who remains on bond pending sentencing, faces up to five years in federal prison. No sentencing date has been scheduled.

Other individuals involved in this ongoing investigation include four former El Paso ISD officials who remain under a six-count federal grand jury indictment unsealed in April 2016.

The case is being conducted by the Federal Bureau of Investigation and the Department of Education Office of Inspector General. Assistant United States Attorneys Debra Kanof, Robert Almonte, and Rifian Newaz are prosecuting this case on behalf of the Government.

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