PORT ALLEN — Brothers Rob and Tom McCormick, recently convicted of over 170 counts altogether and stealing nearly $850,000 from the State of Louisiana, have filed motions to appeal their convictions and sentence to the Court of Appeal and one McCormick brother is now claiming he is indigent.
West Baton Rouge & 18th Judicial District Attorney Tony Clayton said he’s not buying the claims.
“Now when you have to pay the cost of the transcripts, you convert from having a paid lawyer to say you’re now indigent?” Clayton said.
While he’s not sure yet if the District Attorney’s office has a basis to challenge the claim of indigency, if he is able to, Clayton said he will.
The McCormick brothers were convicted of a variety of charges in 2020 and early 2021 for hurricane and winter storm disaster response, including conspiracy to commit money laundering, money laundering, conspiracy to commit malfeasance in office, conspiracy to commit filing false public documents, conspiracy to commit felony theft, and conspiracy to commit prohibited splitting of profits.
Their appeals were filed May 28, 2025, according to records from the West Baton Rouge Clerk of Court’s office.
In Thomas McCormick’s appeal, his attorney Cameron Mary stated that Thomas McCormick is “indigent” and requested that “the Louisiana Appellate Project be appointed to represent Mr. McCormick.” Mary will no longer represent Thomas McCormick.
West Baton Rouge & 18th Judicial District Attorney Tony Clayton said he isn’t sure that he believes that Tom McCormick is actually indigent, meaning that he is impoverished and unable to afford his legal representation, but that there is a test a judge must use to prove whether a person is indigent.
“I don’t know if he went through that test, but I was shocked to see that he converted himself to now being indigent,” Clayton told UWK.
He added that the brothers had a “high-profile defense,” with paid lawyers, “Starbucks coming in every day,” and a large RV parked outside the courthouse during proceedings.
“If you’re going to steal $800,000, next time steal enough money so you can pay for your lawyer,” Clayton said.
Robert McCormick’s lawyer Roger Jordan also filed a motion to appeal his sentence and to get all transcripts related to the case to be used in the appeal.
At their sentencing on May 9th, Judge Alvin Batiste denied the defendants’ request for a new trial and acquittal.
Clayton filed his own motion for appeal with the First Circuit Court of Appeal on the sentences the brothers were given by Judge Alvin Batiste, saying his mind is “boggled” how the brothers received a “lenient sentence” in comparison to others in similar cases.
He believes that state law requires that the brothers serve jail time for their convictions, and referenced similar cases in the area like Marie Brand, who stole $36,520 from the West Baton Rouge Chamber of Commerce, and Mandy Miller, who was convicted of theft and fraud from the West Baton Rouge Sheriff’s Office. Both received prison sentences in addition to paying restitution, but the McCormick brothers did not.
Prior to sentencing, the West Baton Rouge DA’s Office had requested that the brothers face jail time, as is mandated in Louisiana Revised Statute 14:230 (B)(1)-B(6), and payment of nearly $850,000 in restitution. In addition, the Legislative Auditor’s Office requested almost $98,000 in restitution.
Judge Batiste ordered the twin brothers to pay $214,262.13 in restitution to the State of Louisiana’s Office of the State Fire Marshal. In addition, each brother will pay $5,000 to the Legislative State Auditor. Both men were also ordered to submit letters of apology to the Office of the State Fire Marshal.
According to the motions, the judge ordered Robert McCormick’s appeal be granted by Aug. 13 and Thomas McCormick’s appeal be granted by Aug. 4.
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