Former President of Palmetto Railways Sentenced for Role in Conspiracy to Commit Honest Services Fraud

Source: Office of United States Attorneys

CHARLESTON, S.C. — Jeffrey McWhorter, 63, of Mount Pleasant, has been sentenced to five years of probation with 12 months of home confinement for conspiracy to commit honest services fraud.

Evidence obtained in the investigation revealed that McWhorter and an individual named Kevin Newkirk agreed to accept a payment from Tony Berenyi of Berenyi Construction should he be awarded a construction bid for the company Newkirk worked for, which is a Texas-based logistics company.  The Texas Company went to McWhorter for contractor recommendations and McWhorter facilitated an introduction to Berenyi. Through the bidding process, McWhorter, Newkirk, and Berenyi discussed the payment and when the Texas Company awarded the contract to Berenyi Construction, payments began from Berenyi. Ultimately, through the course of the conspiracy, Berenyi paid a total of $420,000 that was wired to a bank account in the name of Newkirk’s wife.  Newkirk agreed to pay McWhorter his portion in cash and the evidence revealed that McWhorter received $136,500 in total payments.  McWhorter did not disclose these payments on the required filings for public officials.

United States District Judge David C. Norton sentenced McWhorter to five years of probation with 12 months of home confinement and electronic monitoring.  There is no parole in the federal system. There is no parole in the federal system. McWhorter was ordered to pay restitution in the amount of $75,198.02 and was fined $4,000. He must also complete 300 hours of community service. He must also complete 300 hours of community service. Kevin Newkirk was also charged and sentenced in April to five years of probation by United States District Judge David C. Norton. 

This case was investigated by the FBI Columbia field office and Internal Revenue Service Criminal Investigation. Assistant U.S. Attorney Amy Bower is prosecuting the case.

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