A federal grand jury has indicted Melissa Diana Simmons, 50, and James Patrick Brown, 59, on charges including bank fraud, access device fraud, forging Treasury checks, and aggravated identity theft. The indictment was returned on October 2 and alleges that the pair attempted to defraud a 75-year-old Navy and Vietnam War veteran.
Court documents state that Simmons met the victim in May 2022 while working as his in-home care provider under a contract between her employer and the U.S. Department of Veterans Affairs. Beginning in December 2022, there was an increase in withdrawals from the victim’s bank account, often through checks made out to Simmons and Brown.
After being dismissed from her company in June 2023 for policy violations, Simmons convinced the victim to move into her residence with Brown in Boones Mill, Virginia. By July 2023, staff at the victim’s bank grew suspicious due to frequent large withdrawals by Simmons and Brown when bringing the victim through the drive-through. Staff noted a decline in the victim’s physical condition during these visits.
In August 2023, Simmons became a signatory on the victim’s account. Within a month of this change, approximately $30,000 had been withdrawn by Simmons and Brown.
The following month at another attempted withdrawal at the bank drive-through, staff insisted they come inside due to concerns over repeated large transactions. Inside the branch, staff observed poor hygiene and confusion from the victim. Bank employees persuaded him to open a new account without Simmons as co-owner after private questioning. During this process Simmons reportedly became disruptive until police intervened.
Days later Brown brought the victim back to request information about redirecting VA benefits and social security checks into his account while also attempting another large withdrawal between $60,000 and $70,000. The bank reported further deterioration in the veteran’s condition.
Franklin County Adult Protective Services began an investigation soon after these incidents; an assessment found that the victim was suffering from dementia.
On November 18, 2023, emergency responders took the non-responsive veteran to Roanoke Memorial Hospital where he was admitted with acute respiratory failure; tests revealed methamphetamine in his system despite no known prior use or ability for independent travel.
While recovering at medical facilities from January through April 2024, four VA benefit checks totaling nearly $8,000 were received by Simmons via mail; she allegedly forged signatures before depositing them into accounts she controlled for personal use—including significant spending at a casino using his debit card.
By May 2024 Franklin County deputies questioned both defendants regarding vehicles belonging to their former client found on their property—one vehicle was not operable; both were uninsured with expired registrations. The next-of-kin eventually recovered them.
During an interview on October 22 with agents from the VA Office of Inspector General (OIG), Simmons admitted forging checks and using funds belonging to her former client during his hospitalization period.
“The VA Office of Inspector General is investigating this case with assistance from Franklin County Sheriff’s Office,” according to Acting U.S. Attorney Robert N. Tracci who announced these developments. Assistant U.S. Attorneys Drew O. Inman and Keith A. Parrella are handling prosecution duties.
“An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.”
