State Attorney’s Office subpoenas JTA records, asking if books hid $39 million hole and who knew

A new criminal investigation into the Jacksonville Transportation Authority is now local. State Attorney Melissa Nelson’s office is demanding JTA’s records, and prosecutors aren’t just asking how the agency spent its money. They want to know if the books were hiding its $39 million hole, and who knew.

Action News Jax got a copy of the subpoena. It is eight pages long and reaches into just about every corner of JTA’s finances. A few lines stand out because they go beyond spending to how and when the money was recorded.

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State prosecutors hand-delivered the subpoena to JTA headquarters in LaVilla last Thursday. It orders interim CEO Cleveland Ferguson to turn over records by Nov. 20, from financial statements and budgets to emails and texts, including messages on personal phones and apps like Signal and WhatsApp.

Section 2(f) asks for “records concerning decisions to delay recording liabilities or change the timing of recognition of revenues or expenses...” Prosecutors want any records on decisions to delay recording what JTA owed, or to shift when money coming in and going out hit the books.

Action News Jax showed the subpoena to former Florida Bar President Michelle Suskauer.

“It’s a complete fishing expedition,” Suskauer said.

“I guess they’re looking for some sort of fraud,” Suskauer said.

The subpoena also asks for records showing when the shortfall was shared with JTA’s board, city officials, auditors and funding agencies, and any warnings from current or former board members. Section 2(g) asks for “records identifying when actual or projected shortfalls were communicated...”

“It is everything from finance to procurement to everything with your board members,” Suskauer said.

The State Attorney General’s office has already sent three criminal subpoenas to the agency, and City Council has its own review underway.

A subpoena is not an accusation, and no one has been charged. JTA tells Action News Jax it “is committed to transparency and is cooperating fully throughout this process.”

While prosecutors comb through those books, riders are already paying for the shortfall. Nearly 200 workers have been laid off, and bus service has been cut.

The subpoena also revisits something Action News Jax exposed last year: prosecutors want the pay records and timesheets for JTA employees who were riding Navi to build up its ridership numbers.

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