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July 22, 2024 – Insufficient Evidence Found in LOBER Finance Probe

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Today (July 22), prosecutors announced that after an exhaustive investigation by the Florida Department of Law Enforcement and a thorough review by Chief Assistant State Attorney Stacey Salmons, no criminal charges would be filed in allegations that former Brevard County Commissioner Bryan Lober had committed criminal offenses while in office.

The investigation began after the Brevard Board of County Commissioners (BCC) voted to have the Brevard County Clerk of the Court and Comptroller conduct an audit of each Commission District’s use of county purchasing cards in February of 2022. In November of 2022, the Comptroller contacted the FDLE after that audit produced information that Mr. Lober may have used county funds to purchase personal items, failed to return county property after leaving office, and illegally used the County’s tax-exempt certificate to avoid paying sales tax.

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The FDLE completed their investigation and submitted it to this office on May 20, 2024, citing possible violations of Florida Statutes:

Grand Theft                                                     812.014(1), (2)(c)
Scheme to Defraud                                         817.034(4)(a)3
Fraudulent Claim of [Tax] Exemption              212.085

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In a detailed seven-page analysis, Salmons explained that for allegations of Grand Theft and Scheme to Defraud, the evidence was insufficient to prove the offenses at trial. Key to this finding was the discovery that BCC rules regulating the use of county purchasing cards and spending of funds that apply to staffers, at the time did not apply to Commissioners. Further, in the matter of Fraudulent Claims of Tax Exemption, while there was evidence to support the belief that Mr. Lober committed this offense, the statute of limitations for prosecuting him had expired on April 1, 2024.

In a statement State Attorney Phil Archer said “First I want to recognize the effort by Clerk of Court/Comptroller Rachel Sadoff and her team in conducting an extensive audit that provided a detailed record of Mr. Lober’s purchasing practices and asset management.

This investigation found clear evidence that Mr. Lober failed to maintain the ethical standard of conduct expected of an elected official representing the interests of our community. The apparent lack of specific policies to prevent improper use of taxpayer funds and support criminal prosecution does not excuse Mr. Lober from his sworn obligation to act in the best interest of the public, and not his own. Were it not for the unfortunate expiration of the statute of limitations Mr. Lober would have faced criminal prosecution for the felony crime of Fraudulent Claim of Tax Exemption, a charge both appropriate and warranted by the evidence uncovered in this investigation.”

In order to provide a clear and transparent understanding of Mr. Lober’s actions in this matter, the complete FDLE report of investigation along with the detailed transaction, purchase, and asset disposition findings contained within the audit are available to download or review using the image links below.

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