Wayne Shelby Simmons, Fraud, Virginia 2024

Alexandria, VA – Wayne Shelby Simmons, 62, of Annapolis, Maryland, a former Fox News commentator, was sentenced to 33 months in prison for major fraud against the government, wire fraud, and a firearms offense.

Sentencing occurred on today, April 29, when Simmons was ordered to serve three years of supervised release, to forfeit two firearms and $175,612 in criminal proceeds, and to pay restitution to his victims.

“Wayne Simmons is a fraud,” said Dana J. Boente, U.S. Attorney for the Eastern District of Virginia. “Simmons has no military or intelligence background, or any skills relevant to the positions he attained through his frauds. He is quite simply a criminal and a con man, and his fraud had the potential to endanger national security and put American lives at risk in Afghanistan.

“With this sentencing, Simmons now faces the consequences of his criminal activity, deceit, and dishonesty,” said Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office. “He fraudulently obtained positions with the U.S. government by lying about his previous employment and history, and further, defrauded a victim through a bogus real estate investment scheme. Simmons abused people’s trust for his own selfish gain, and in doing so placed lives at risk and jeopardized national security.

“Mr. Simmons never worked at CIA and we are pleased that justice was served in this case,” said Dean Boyd, Director of CIA’s Office of Public Affairs.

Simmons pleaded guilty on April 29. According to court documents, Simmons defrauded the government in 2008 when he obtained work as a team leader in the U.S. Army’s Human Terrain Systems program, in 2009 when he attempted to obtain work with the State Department’s Worldwide Protective Service, and again in 2010 when he was deployed to Afghanistan as a senior intelligence advisor on the International Security Assistance Force’s Counterinsurgency Advisory and Assistance Team (CAAT).

Simmons also defrauded an individual victim, identified as E.L., out of $125,000 in connection with a bogus real estate investment. Simmons sent E.L. promised monthly disbursements to make it appear as if her funds had been invested as promised and repeatedly lied to her about the whereabouts of her money in order to perpetuate the fraud. There was never any actual real estate investment project, and Simmons simply spent the funds.

Finally, when Simmons was arrested in this case, he was found to be in possession of two firearms, which he was prohibited from possessing on account of his prior convictions for firearms charges. Simmons pleaded guilty to the charges, and sentencing has now been concluded.

Mandatory Facts: Defendant: Wayne Shelby Simmons; Charges: Major fraud against the government, wire fraud, and a firearms offense; City and State: Alexandria, VA; Exact Date: April 29; Sentence: 33 months in prison, three years of supervised release, and restitution to victims; Dollar Amounts: $175,612 in criminal proceeds and $125,000 to an individual victim.

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