Something unusual is happening in the Loudoun County Commonwealth Attorney’s Office

By Lloyd Harting

In July of 2025 Purcellville Town Manager Kwasi Fraser and Purcellville Vice Mayor Carl “Ben” Nett were arrested and each was criminally charged by the Loudoun County Commonwealth’s Attorney with one felony charge of violating Code of Virginia Section 59.1-68.1 (Combinations to Rig Bids) and one felony charge of violating Code of Virginia Section 18.2-498.3 (Misrepresentations Prohibited) constituting commercial fraud against government.

The criminal charges pertain to a meeting that Fraser and Nett attended earlier in January of 2025 when they met with Michael Jones, President of Major Security Consulting and Design LLC, regarding the town’s possible intention to conduct an organizational assessment of the Purcellville Police Department. 

At the time of that meeting, no formal procurement process was underway, no contracting opportunity had been publicly advertised, and no vendor had been selected for contract award. In fact, no decision had yet been made to move forward with a police department organizational review. 

It was only a market research fact-finding discussion about a possible organizational assessment of the Purcellville Police Department. Such meetings are common in public procurements and help public officials gather information before deciding whether to pursue a contract. 

On February 14, 2025 Request for Quotes #TC-2025-0 was publicly posted soliciting responses with a submission deadline of February 25, 2025. A subsequent addendum also publicly posted specified that $12,000 was available for contract award. 

On March 18, 2025 the Town of Purcellville awarded contract #TC-2025-07 valued at $12,000 to Major Consulting and Design, LLC to conduct the organizational assessment of the Purcellville Police Department. Around April 18, 2025, Micheal Jones delivered the organizational assessment report to the Town of Purcellville. 

Assuming that the criminal charges against Fraser and Nett were justified, then there is an aspect of this case that compels an explanation. The fact that they were charged with the same alleged crimes involving the same event implies that they were involved in a conspiracy and therefore should have also been charged with the criminal offense of Conspiracy to Commit Felony (Code of Virginia section 18.2-22). 

Yet neither was indicted, arrested and charged with the additional criminal conspiracy offense in addition to the alleged bid-rigging and commercial fraud charges. Also, of the three persons who attended the meeting, neither Fraser nor Nett received any benefit from allegedly engaging in bid-rigging and commercial fraud. 

In fact, the only person who attended the meeting and who received any benefit was Michael Jones, who was paid $12,000 by the Town of Purcellville. Therefore, it stands to reason that all three should have also been arrested and charged with conspiracy to commit a felony if any illegal bid-rigging or commercial fraud took place. 

So why were only Fraser and Nett indicted, arrested and charged with two identical criminal charges, but not also indicted, arrested and charged with conspiracy to commit a felony; and why was Jones not indicted, arrested and criminally charged with bid-rigging, commercial fraud, and conspiracy to commit a felony since he also participated in the meeting? 

Every person who collaborates to commit a crime is a criminal co-conspirator, so every co-conspirator should be criminally charged, and not just certain selected individuals. So, why were all three not indicted, arrested and charged for conspiring to commit a felony? 

Is it because no conspiracy to commit a felony took place, or is it because the Loudoun County Commonwealth’s Attorney does not want to prosecute Michael Jones for bid-rigging, commercial fraud, and conspiracy to commit a felony, as part of its prosecution strategy? 

Is Michael Jones possibly an unindicted co-conspirator?

These are questions that the Loudoun County Commonwealth’s Attorney must answer in the interest of fairness and justice to Fraser and Nett. Until an explanation is provided, serious questions remain about the integrity of this prosecution and about the judgment of the office that brought it.

Lloyd Harting is a former federal and local law enforcement officer and lives in Purcellville.