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By: Kayla Robins
CUMMING – A former officer with the Cumming Police Department was arraigned in a federal court after being charged with wire and computer fraud.
Nathan VanBuren, 34, is accused of taking money from someone who was arrested by Cumming police in July 2015 and accessing the law enforcement database to provide search results to that person.“This former police officer allegedly used his position to access sensitive information in exchange for money,” said U.S. Attorney John Horn. “This type of conduct unfortunately impairs the hard work of the police as well as the community’s trust in law enforcement.”
According to information presented in court, VanBuren responded to a 911 call at a person’s home in Cumming in July 2015 in his “official capacity as a police officer.” The person was arrested.
In July and August of last year, he and the person reportedly had “additional communications.”
VanBuren allegedly asked the person for a loan because his wages were being garnished and he had incurred financial debt from medical and surgical expenses for his son.“In reality, VanBuren’s salary was not being garnished and his son was not ill. The citizen reported VanBuren’s actions and agreed to cooperate with law enforcement,” according to information from the U.S. Department of Justice in the Northern District of Georgia.
The person provided VanBuren $5,000 in response to the former officer’s “repeated requests for money. During that meeting, the citizen asked whether VanBuren would search a sensitive police database to determine whether an individual was an undercover police officer.”
VanBuren reportedly accessed the database in exchange for $1,000 and provided the results of that search to the person.“Investigations into allegations of public corruption involving police officers is a disheartening, but very necessary duty of the FBI. People have a right to demand that their public safety officers possess integrity and a sense of fairness as they carry out their duties,” FBI Atlanta Special Agency in Charge J. Britt Johnson said.
The Forsyth County News reported in September 2015 that VanBuren was the focus of an FBI probe.
Cumming Police Chief Casey Tatum said at the time that the former officer resigned on Sept. 9, 2015, in lieu of termination.
Tatum did not mention a specific crime at the time, but a memorandum he sent VanBuren on Sept. 3, 2015 – which the Forsyth County News obtained from the city in response to an open records request – said the department had received an “allegation of misconduct regarding you extorting money.”
He was immediately placed on administrative leave with pay. The following day, however, he received another letter informing him that the city would be terminating his employment in five days, on Sept. 9.
The letter cited three policy manual violations discovered during the criminal investigation: duty regarding conduct, conduct unbecoming and buying/selling/receiving items.
The last violation, which would appear to be the most serious, is described as “buying, receiving or selling anything of value from or to any complainant, suspect, witness, defendant, prisoner, or other person involved in any case which has come to the attention of, or which arose out of, department employment.”
The letter also listed violations of city personnel policies and procedures, including: misconduct; conduct reflecting discredit on the city or the employee’s department; acceptance of money or other valuable consideration given with the intent of influencing the employee; and improper use of official position for personal profit or advantage.
A check of VanBuren’s personnel file, which the city also provided in response to the open records request, shows little sign of serious trouble leading up to the investigation.
According to Cumming records, VanBuren joined the city police force in August 2008 and was promoted to sergeant in August 2013.
He came to Cumming from Emerson, a small town in southern Bartow County, where he had worked as a police officer for more than two years. He had previously served in the U.S. Army Reserves.
In October 2008, a Cumming police car driven by VanBuren was involved in a wreck that was determined to be his fault for failure to yield. He was responding to an emergency at the time.
In December 2012, VanBuren received a memorandum for failure to follow chain of command involving a personnel matter.
In March 2014, he served a seven-hour suspension without pay for failure to complete mandatory training sessions.
And on June 6, 2014, VanBuren was among the public safety personnel who responded to the old county courthouse when a heavily armed gunman unsuccessfully attempted to storm it.
Per department policy, he was placed on leave following the shooting and was cleared to return to duty 10 days later.
He was arraigned before U.S. Magistrate Judge Janet F. King and was indicted by a federal grand jury on June 29.
The case is being investigated by the FBI.
According to Deputy Epifanio Rodriguez, a spokesman for the Forsyth County Sheriff’s Office, there is no record that VanBuren was booked into the Forsyth County Jail.
Assistant U.S. Attorney Jeffrey Brown is prosecuting the case.
