A new complaint against a former Washington County elected official and his family alleges a complicated but fraudulent bail bonding scheme involving unlawful business practices, fraudulent fee assessments, and racketeering.
The civil suit filed in Washington County Superior Court by Linda Wicker on March 13 names former State Court Solicitor Michael Howard, his wife and county commission candidate Amy Wilcher Howard, Amy’s father Emory Dean Wilcher Sr., employee Blake Moye, and Washington County Bail Bonding Agency, LLC (d/b/a WACO Bail Bonds). A previous civil suit with some overlapping foundations was recently dismissed.
Specifically, the new suit alleges that Michael Howard, while working as the county attorney for Washington County and the Solicitor General for State Court, secretly owned and controlled a bail bonding company through strawman ownership to conceal his involvement, despite Georgia law prohibiting attorneys from having any financial interest in a bail bond business.
Howard stepped away from his position in July 2025 amid a myriad of accusations of unethical misdeeds, including claims of collusion with defense attorneys on DUI cases, prosecution of cases in state court for the same clients he was representing in superior court, and allegations pertaining to the bail bond business.
Friday’s lawsuit brings forth more expansive claims than previously outlined, alleging in particular that when Linda Wicker attempted to secure a bond for the release of Xzavious Wicker in 2024, the defendants falsely represented that a commercial surety bond was authorized even though the court’s order allowed only a $100,000 cash bond or property bond.
Because of what was represented, Wicker allegedly paid more than $10,000 to the bonding company. The lawsuit claims the defendants also inflated the bond amount and added unauthorized fees requiring Wicker to pay more money than she was required to pay for a bond that was not authorized. The supporting documentation is included in the lawsuit filing.
Regarding the ownership of the bail bond company, the lawsuit goes as far as contending that Wilcher Sr., is a mere strawman or fictional owner of the bail bonding company “for the benefit of Michael Howard and/or Amy Wilcher Howard.” Much of the basis relies on statements made during a deposition under oath in another civil suit.
The civil complaint also alleges that:
- Michael Howard violated OCGA 45-11-8 which prohibits the ownership and participation in the operation of a bail bond company by an attorney because Howard indirectly engaged in the business. His wife’s participation would have also been unlawful under the code section.
- The defendants structured their enterprise to evade OCGA 45-11-8 and showed “willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.”
- The defendants fraudulently misrepresented the bond, resulting in an increase in the bond amount
- The defendants fraudulently concealed additional fees (of more than $10,000) by including the fees in the total bond amount stated in the appearance bond.
- The defendants fraudulent assessed fees for an “Indigent Defense Fund”
- Howard, Wilcher-Howard, Wilcher Sr, Moye, and WACO Bail Bonds conspired to participate in an enterprise which would fall under the pattern of racketeering activity to obtain payments from individuals seeking to bond defendants from the Washington County jail.
- Theft by Deception – August 22, 2024, the Defendants obtained property (money) from Wicker by deceitful means when they intentionally failed to correct a false impression that the bond order authorized Xzavious Wicker’s release under a surety bond and assessed unauthorized fees.
- Theft by Deception – June 24, 2024, the Defendants committed the act by charging a bonding fee to another individual based upon a $58,150 appearance bond when the bond was set by the Magistrate Court in the amount of $52,500.
- Theft by Deception – when they obtained payments from at least two other people paying fees they were not lawfully authorized to assess or collect.
Wicker’s suit seeks compensatory damages, punitive damages, damages threefold the amount sustained against each defendant under Georgia’s RICO statute, restitution of the money paid, and attorney’s fees.
Wicker is represented by Atlanta-based attorney Ben Sessions of Sessions Fleischman LLC. The defendants do not yet have an attorney of record in this suit.
