Zachary T. Lee Acting United States Attorney | U.S. Attorney for the Western District of Virginia
A federal grand jury has indicted two Franklin County residents, Melissa Diana Simmons, 50, and James Patrick Brown, 59, on charges related to the financial exploitation of a 75-year-old Navy and Vietnam War veteran. The indictment includes counts of bank fraud, access device fraud, forging Treasury checks, and aggravated identity theft.
According to court documents, Simmons met the victim in May 2022 while working as his in-home care provider under a contract with the U.S. Department of Veterans Affairs (VA). By December 2022, the victim began making unusually large withdrawals from his bank account through checks made out to Simmons and Brown.
After being terminated by her employer in June 2023 for policy violations, Simmons convinced the veteran to move into her residence with Brown in Boones Mill. Bank staff became concerned when Simmons and Brown brought the victim for frequent and increasingly large withdrawals. Staff noted a decline in the victim’s health and demeanor during these visits.
In August 2023, Simmons was added as a signatory on the victim’s bank account. Within a month, approximately $30,000 was withdrawn from the account by Simmons and Brown. In September 2023, after another attempted large withdrawal at a bank drive-through, staff observed that the victim appeared disoriented and neglected. They persuaded him to open a new account without Simmons as joint owner. During this process, Simmons became agitated until police arrived.
Days later, Brown tried to facilitate additional large withdrawals while seeking information about direct deposit of VA benefits and social security checks into the victim's account. The veteran’s physical condition had further deteriorated.
Franklin County Adult Protective Services launched an investigation soon after these incidents. A mental status exam indicated that the veteran was suffering from dementia.
On November 18, 2023, emergency responders took the veteran to Roanoke Memorial Hospital after he was found non-responsive; medical records showed methamphetamine in his system despite no prior history or means of obtaining it independently.
Between January and April 2024—while the veteran recovered at medical facilities—Simmons allegedly received four VA benefit checks totaling nearly $8,000 via mail. She is accused of forging signatures on these checks before depositing them into his new account; both she and Brown then used his debit card for personal expenses including casino spending.
In May 2024 Franklin County deputies questioned Simmons and Brown about vehicles belonging to the victim still located at their home; one vehicle was found inoperable with both uninsured and unregistered when returned to next-of-kin.
During an October interview with agents from the VA Office of Inspector General (OIG), Simmons admitted forging VA checks belonging to the victim and using his debit card while he was hospitalized.
Acting U.S. Attorney Robert N. Tracci announced these developments: "The VA Office of Inspector General—with assistance from Franklin County Sheriff’s Office—is investigating this case." Assistant U.S. Attorneys Drew O. Inman and Keith A. Parrella are prosecuting.
All defendants are presumed innocent until proven guilty beyond a reasonable doubt in court.
