A federal grand jury has indicted two Franklin County residents, Melissa Diana Simmons and James Patrick Brown, on multiple charges including bank fraud, access device fraud, forging Treasury checks, and aggravated identity theft. The indictment was returned on October 2 and involves allegations of financial exploitation of a 75-year-old Navy and Vietnam War veteran.
According to court documents, Simmons first 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 larger-than-usual withdrawals from his bank account, often through checks written to Simmons and her boyfriend Brown.
Simmons was terminated from her position in June 2023 but continued contact with the victim against company policy. She convinced him to move into her residence with Brown in Boones Mill, Virginia. Starting July 2023, bank staff noticed frequent and increasing withdrawals made by Simmons and Brown with the victim present at drive-through windows. Staff observed that the victim’s physical and mental condition appeared to decline over time.
In August 2023, Simmons became a signatory on the victim’s account. Within a month of this change, approximately $30,000 was withdrawn from the account by Simmons and Brown.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 raised concerns among staff about the victim’s health and hygiene, they persuaded him to open a new account without Simmons listed as an owner. During this process, “Simmons grew belligerent, hitting the office window, barging in, and shouting at staff until police arrived,” according to court records.
Days later Brown attempted further large withdrawals while seeking information about redirecting VA benefits into the victim’s account; staff noted further deterioration in the veteran’s condition.
Following these incidents Franklin County Adult Protective Services initiated an investigation which found that the victim was suffering from dementia.
On November 18, 2023, emergency services responded after Simmons and Brown reported that the veteran was non-responsive. He was hospitalized for acute respiratory failure; medical tests revealed methamphetamine in his system despite no known history or means for independent drug use.
Between January and April 2024—while recovering at medical facilities—the veteran’s VA benefit checks were intercepted by Simmons via mail totaling nearly $8,000. The indictment alleges she forged signatures on these checks before depositing them into his new account; both defendants allegedly used his debit card for personal expenses including significant spending at a casino.
In May 2024 investigators questioned Simmons and Brown regarding possession of two vehicles belonging to the victim found at their residence; one vehicle was reportedly not operational while both lacked insurance or current registration.
During an interview with VA Office of Inspector General agents on October 22nd last year Simmons admitted forging VA checks belonging to the veteran as well as using his debit card during his hospitalization: “she forged the victim’s VA checks, and that she and Brown spent the victim’s money with his debit card while he was in the hospital.”
Acting U.S. Attorney Robert N. Tracci announced these charges following an investigation led by the VA Office of Inspector General with support from Franklin County Sheriff’s Office. Assistant U.S. Attorneys Drew O. Inman and Keith A. Parrella are prosecuting this case.
All individuals charged are presumed innocent until proven guilty beyond reasonable doubt in court.
