The Republic-Monitor has learned that, although it is customary for names not to be listed on the federal court calendar, former Perryville businessmen Jim Johnson and Darrell Niswonger are scheduled to appear before Senior Judge Stephen N. Limbaugh Jr. at 11 a.m. Friday in Courtroom 4B of the Rush Hudson Limbaugh Sr. U.S. Courthouse, 555 Independence St. in Cape Girardeau.
Following an FBI investigation, the two men — former owners of the now-closed Johnson/Niswonger Financial Resources in Perryville — are alleged to have taken part in a years-long scheme to defraud their customers through the sale of fraudulent municipal bonds, reportedly resulting in the theft of millions of dollars from clients.
According to a federal court spokesperson, Johnson and Niswonger will appear to enter a waiver of indictment on the charges they face. A waiver of indictment is a formal legal process in federal criminal cases in which a defendant gives up the constitutional right to have a grand jury decide whether there is enough evidence to charge them with a serious crime.
If a defendant waives indictment, they agree to be charged instead by criminal information — a document filed directly by the U.S. attorney outlining the charges. This usually occurs in open court, where the judge ensures the waiver is knowing, voluntary and in writing.
A waiver of indictment is often part of a plea negotiation in which a defendant may be cooperating with prosecutors or may have already reached a plea agreement.
Skipping the grand jury speeds up the process and avoids additional publicity. It does not necessarily mean the defendant is pleading guilty, though in many cases, a guilty plea follows soon after.
Because the FBI has asked that as many defrauded clients of Johnson/Niswonger Financial Resources as possible attend Friday’s proceedings, the Republic-Monitor is providing the following visitor rules and regulations for the courthouse:
■ Public access is allowed. The general public may enter courthouses in the Eastern District of Missouri without restriction. ■ A valid photo ID is required. Any government-issued photo ID is acceptable; a REAL ID is not required.
■ Security screening is mandatory. All visitors must pass through screening, such as metal detectors, before entering.
■ The courthouse is fully accessible. This includes wheelchair-accessible restrooms, ramps and elevators with braille signage, and strobe-equipped alarms.
■ Certain items and conduct are prohibited. Weapons of any kind — including firearms, knives and other objects — are strictly forbidden.
■ Recording and photography are prohibited. Cameras, audio recorders and other recording devices are not allowed inside courtrooms.
■ Disruptive devices are not allowed. Pagers, mobile phones or other items that could interrupt proceedings should be turned off or left outside.
■ Proper dress and decorum are required. While formal attire is not necessary, overly casual clothing such as tank tops or shorts should be avoided. Treat the courtroom with respect.
