Attorneys in the lawsuit charging former Evanston/Skokie School District 65 Superintendent Devon Horton with 17 counts of embezzlement, wire fraud and tax fraud will discuss a trial date at a February status hearing, they agreed Friday during a telephone conference with District Judge Thomas Durkin.
Horton served as District 65’s superintendent from June 18, 2020, to June 30, 2023, after which he became the superintendent of DeKalb County Schools in Georgia. The DeKalb County Board of Education accepted Horton’s resignation on Oct. 15.
On Oct. 8, the U.S. attorney’s office for the Northern District of Illinois filed charges against Horton and three men described as his friends for alleged actions while Horton was serving as District 65’s superintendent. The allegations listed in the indictment stem from several events between Jan. 1, 2022, and Aug. 29, 2024.
At October arraignments, the four co-defendants pleaded not guilty to every charge filed against them.
During the Friday telephone conference, Assistant U.S. Attorney Prashant Kolluri, the government’s lead counsel for the case, said the government sent its initial discovery to the defense counsel about two weeks prior. He said he expects to send the rest of the evidence over by next week.
Kolluri added that there is “quite a bit” of discovery for the case, so he anticipates the defendants’ attorneys will need more time for review. He suggested a status hearing be scheduled for 45 to 60 days after Friday.
When Durkin asked how long the trial is expected to last, Kolluri said he anticipates it taking between two to three weeks. Terence Campbell (Pritzker ’95), Horton’s attorney, concurred and said three weeks is the “more likely length.” Durkin said if all four defendants plan to go to trial, three weeks may be “optimistic.”
He set the status hearing date for Feb. 4, 60 days after the Friday conference. He requested that defense counsel determine if each defendant intends to go to trial by the hearing date, so that a trial date can be scheduled.
All the defense attorneys agreed to an “exclusion of time” until the status hearing to allow the government to present more discovery and defense counsel to determine if they want to file any pre-trial motions.
Thirteen of the case’s counts allege the four men owned companies that took funds from District 65 and Chicago Public Schools under fake service contracts and failed to declare Horton’s personal financial stake in the contracts. The indictment further alleged that Horton’s friends sent him kickbacks from their fraudulent earnings.
Each count’s sentencing has a maximum sentence of 20 years in prison, up to three years of probation and a maximum fine of $250,000 or twice the amount of money lost — whichever is greater.
Horton was additionally indicted on two counts of embezzlement, alleging he used the District 65 procurement card for personal purchases. Horton could face up to 10 years in prison, up to three years of probation and a $250,000 fine or twice the amount of money lost.
He was also indicted on two counts of tax evasion for failing to accurately report his yearly earnings in 2022 and 2023. Tax evasion counts have a maximum sentence of five years in prison, up to three years of probation, a maximum fine of $100,000 and the cost of prosecution.
Campbell and the Department of Justice declined to provide additional comment on the conference. The other defense attorneys did not respond to requests for comment.
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Related Stories:
— Devon Horton resigns superintendent role in Georgia
— Former D65 Superintendent Devon Horton indicted on 17 counts of embezzlement, fraud
