Joel Ebert, and Dave Boucher

The Tennessean

Federal prosecutors have subpoenaed witnesses to testify before a grand jury as investigators pursue possible charges of “bribery, mail fraud and wire fraud” against former state lawmaker Jeremy Durham.

Two witnesses told The Tennessean they appeared Wednesday before the grand jury, a clear sign the U.S. attorney is pursuing an indictment against Durham.

A copy of a subpoena obtained by The Tennessean reveals the scope of the investigation. A Tennessean analysis in November detailed recent cases nationwide in which federal prosecutors indicted state lawmakers on federal mail or wire fraud charges connected to improper use of campaign funds.

In August , state investigators said they found a $191,000 discrepancy between Durham’s campaign finance reports and his bank accounts. They also say he may have used his campaign donations for his own personal benefit.

Presenting a case to a grand jury doesn’t guarantee an indictment, but former U.S. Attorney Jerry Martin said it’s an indication prosecutors believe a crime was committed.

“In reality, if witnesses are being summoned to a grand jury to testify, federal prosecutors have more than just a suspicion that a crime has occurred,” Martin told The Tennessean.

A spokesman for David Rivera, U.S. attorney for the Middle District of Tennessee, said he would not confirm whether witnesses are appearing before a grand jury related to Durham.

In late August , Peter Strianse, a Nashville criminal defense attorney, told The Tennessean federal officials are asking about campaign finance issues and a possible tax violation. However, Strianse said at the time he didn’t believe the case had been taken in front of a grand jury yet.

Strianse did not return a Tennessean request for comment Thursday. Durham has denied wrongdoing and has refused to talk with The Tennessean since last summer.

Both grand jury witnesses spoke to The Tennessean on the condition of anonymity for fear of reprisals. They said in separate interviews their testimony was brief, lasting about 10 minutes. The questions centered on campaign finance issues.

“The investigation appeared to involve Durham’s use of campaign finances to benefit him personally,” one of the witnesses told The Tennessean.

Details in one of the subpoenas included: “The grand jury is conducting an investigation of possible violations of federal criminal laws involving, but not necessarily limited to, bribery, mail fraud and wire fraud.” A witness received Department of Justice instructions on the right to legal representation, the fact testimony is under oath and expense reimbursement, among other information.

The second witness described the subpoena as covering a “broad range,” including questions about Durham’s campaign finances and potential bribery.

In addition to the grand jury, others present for the witness questioning were a male and a female federal investigators, Assistant U.S. Attorney Cecil VanDevender and one of his female assistants, one witness said.

The Tennessean previously reported the FBI had spoken earlier this year with more than one Durham associate. The Tennessean reached out to many of Durham’s past associates or colleagues. Some either did not respond or declined to comment.

In November , sources familiar with the state’s ongoing investigation said they suspect he possibly used political donations for personal gain, which is a violation of state law.

Federal investigators from North Carolina to Maryland have used a violation of state campaign finance laws to charge someone with different crimes, including federal mail or wire fraud.

The state campaign finance officials' investigation into Durham is not expected to conclude until early next year.

Durham, who was expelled from the legislature in September, has been before a grand jury before. A Williamson County grand jury in 2013 chose not to indict Durham when local prosecutors presented their case for charges of prescription drug fraud against him.

Reach Joel Ebert at 615-772-1681 and on Twitter @joelebert29. Reach Dave Boucher at 615-259-8892 and on Twitter @Dave_Boucher1.