Hampton landlord racially harassed and evicted tenants, then used their identities to defraud COVID relief programs

Summary

A press release of the U.S. Attorney's Office for the Eastern District of Virginia dated Wednesday, July 31, 2024, announcing that David L. Merryman, 59, a Hampton landlord, pled guilty to wire fraud, aggravated identity theft and race-based interference with housing and employment. According to court documents cited in the release, he owns 39 rental properties in Newport News and 23 more in Hampton, many in poor condition and rented primarily to African American tenants with limited housing options. It states that from 2019 through at least January 2024 he obtained rent relief benefits to which he was not entitled and collected large initial payments from tenants he intended to evict quickly. The release states that he harassed minority tenants with slurs, and its title states that he used tenants' identities to defraud COVID relief programs.

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Press Release

Hampton landlord racially harassed and evicted tenants, then used their identities to defraud COVID relief programs

Wednesday, July 31, 2024

For Immediate Release

U.S. Attorney's Office, Eastern District of Virginia

NEWPORT NEWS, Va. – A Hampton man pled guilty today to wire fraud, aggravated identity theft, and race-based interference with housing and employment.

According to court documents, David L. Merryman, 59, owns 39 rental properties in Newport News and 23 more in Hampton. Many of Merryman’s rental properties were in poor condition and located in low-income neighborhoods. He primarily rented the properties to underprivileged African American tenants with limited credit and housing options.

From 2019 through at least January 2024, Merryman engaged in a multifaceted scheme that included obtaining rent relief benefits to which he was not entitled, as well as fraudulently obtaining large initial payments in the form of security deposits, prepaid rent, and other fees for rental homes that were in poor repair. Merryman implied to prospective tenants that he would lease the rentals for longer tenancy terms but intended to evict them as quickly as possible to restart the cycle of fraud and collect more high initial payments from new tenants.

On several occasions, Merryman harassed his minority tenants with slurs, comments about slavery, mocking comments, death threats, and other assaultive conduct related to their race, all in violation of their right to occupy and lease a dwelling free from racially motivated harassment, threats, and force. He also interfered with at least one victim’s right to enjoy employment free from racial threats and assaultive conduct.

Merryman fabricated lease documents, often with incorrect information related to the tenants, and backdated documents before forging tenants’ signatures and falsely representing that he was authorized to act on their behalf.

During the COVID-19 pandemic, state and federal governments made rent relief benefits available to those struggling during the national health crisis. Merryman filed fraudulent rent relief applications and used his tenants' names and personal information without their consent and forged their signatures. In many cases, he obtained significant sums of rent relief without telling the tenants, even evicting, or seeking to evict, the very same tenants for unpaid rent. To obtain housing-assistance payments from the Department of Housing and Urban Development (HUD), Merryman also made false representations about the condition of his rental properties and whether he was receiving other payments that would be duplicative of federally funded rental assistance.

Merryman also defrauded tenants by obtaining money and property from them under false pretenses, primarily through false representations that he would repair his properties to induce tenants to pay significant upfront fees for neglected, even uninhabitable, properties that he never intended to improve.

For example, a tenant, identified as L.G., made requests for necessary repairs to the home she was renting, to which Merryman repeatedly made racially derogatory responses. In April 2019, Merryman threatened to turn L.G. and her children into “potting soil.” L.G. obtained a protective order against Merryman, who then responded by, among other things, parking his vehicle just outside the prohibited radius of the order and intimidating L.G. and her family.

Another tenant, identified as E.P., regularly paid Merryman rent from 2015 until she was laid off from her job in 2021 during the pandemic after suffering medical problems resulting in her hospitalization. On May 10, 2021, Merryman applied to the Virginia Department of Housing and Community Development for approximately $15,100 in rent relief benefits for E.P. and forged her signature, all without her consent. Despite obtaining those benefits for E.P., Merryman evicted her, citing her unpaid rent. E.P. then lost all her belongings when Merryman sent a crew to remove them from her home and tow her car when she was hospitalized.

After Merryman failed to complete a driveway construction project, the customer hired a concrete construction business owner, identified as E.S., to finish the job. E.S. had worked in the concrete construction business for more than 40 years. On July 8, 2020, shortly after E.S. finished the project, he received a call from Merryman, who repeatedly threatened him. E.S. obtained a protective order against Merryman, after which, in March 2021, Merryman came to a different jobsite where E.S. was working and stared at him and his team.

Merryman is scheduled to be sentenced on Dec. 18. He faces up to twenty years in prison for wire fraud, up to one year in prison on both the race-based interference with housing count and the race-based interference with employment count, and a mandatory minimum of two years in prison to be served consecutive to any other term of imprisonment imposed for aggravated identity theft. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Rae Oliver Davis, Department of Housing and Urban Development Inspector General; and Brian Dugan, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after Senior U.S. District Judge Raymond A. Jackson accepted the plea.

Assistant U.S. Attorneys D. Mack Coleman, Julie D. Podlesni, and Brian J. Samuels are prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:24-cr-4.

Contact

Press Officer USAVAE.Press@usdoj.gov

Updated July 31, 2024

Topics

Disaster Fraud

Financial Fraud

Identity Theft

Components

Federal Bureau of Investigation (FBI)

USAO - Virginia, Eastern

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