CINCINNATI — A woman is facing federal charges after allegedly making false claims that her landlord had racially discriminated against her, according to a press release from US Attorney Kenneth Parker's office.
Prosecutors said 33-year-old Dermisha Pickett lied to investigators and fabricated messages from her landlord to support her claims that she was being racially discriminated against.
According to the press release, Pickett sent the US Attorney's Office in February several test messages she claimed were from her landlord, Sergey Briskman.
One text message Pickett claimed came from Briskman, sent on Feb. 10, said:
"I told you I'm not getting anything the inspection will fail because I'm not fixing anything or doing anything until you are gone but I told you I want you gone I will not rent African Americans again I don't know why the previous landlord did sorry I hope you found your place so please stop texting me."
Another on Feb. 15 said:
"It's nothing against you I will just rather put a white family in this unit You did nothing wrong I just don't want a family of color here maybe you should try to go to a shelter."
Then, on Feb. 26, he allegedly sent a message saying:
"Do you know when you will be giving me the keys times is running out I will talk to the other landlord and tell them you're a good tenant and pay the rent on time and always keep a clean house I just don't want you here at this property or have you looked into trying to get into a shelter for you and your family. I really don't want to call the Police to get your things out."
Pickett also filed a civil lawsuit against Briskman over her claims of racial discrimination.
In a criminal complaint filed in U.S. District Court, investigators with The Department of Housing and Urban Development's Office of Inspector General claim they were able to conduct a forensic analysis of Pickett's phone.
That analysis, per court documents, revealed data packets on the phone connected to a separate Nokia phone. Those data packets were from applications designed to fake text messages.
Analysts said the programs couldn't fake time codes down to the second, however, and all texts in question had second sections where the time codes were zeroed out.
"ZERO-ZERO text messages are highly irregular and typically only occur on receipt of automated text messages," one analyst wrote.
Phone records from cell phone companies indicated there were no text messages exchanged between Pickett and Briskman under the period in question.
Briskman said he never sent those texts and told WCPO in March he was evicting Pickett because she'd done significant damage to the home she was renting from him.
Briskman owns over 100 properties, including 56 properties rented through the US Department of Housing and Urban Development (HUD), according to the US Attorney's office.
The criminal complaint against Pickett further states that a voicemail Pickett provided to investigators as proof of discrimination may have originated from a phone she or a close associate owned.
Pickett told investigators during a March 14 interview that Briskman used two cell phone numbers to communicate with her.
The second number was one associated with a voicemail in which a male voice is heard saying: "I really don't want any African Americans in the house. I need you to hurry and give me my key."
The forensic analysis of Pickett's phone and T-Mobile cell phone records, however, linked the voicemail to a TextNow phone number that one investigator concluded was "in truth and in fact, that number is actually tied to Pickett (or a close associate of Pickett) and not Briskman."
“Making false reports of racial discrimination is unacceptable and can have tangible effects on other tenants who rely on HUD-assisted housing,” said Special Agent in Charge Shawn Rice with the HUD Office of Inspector General, in the press release. “In this case, if the landlord had violated the Fair Housing Act, his participation in HUD’s Housing Choice Voucher program may have been revoked, causing the displacement of approximately 50 families who rely on the Housing Choice Voucher program. These families would have been forced to uproot their families to find new homes, incurring non-reimbursable expenses.”
According to prosecutors, Pickett met with HUD agents on March 14 and showed them the messages she claimed were from Briskman.
Pickett is charged with making a false statement to federal officers, a felony punishable by up to five years in prison. She also faces a charge of destroying, altering or falsifying records in a federal investigation, which could carry a prison sentence of up to 20 years.
Pickett's original attorney, Faron Rucker, said he separated from Pickett as council weeks ago and couldn't comment further citing attorney-client privilege.
WCPO reached out to current legal representation for both Pickett and Briskman and didn't receive a response.
