Toxie E. Cade is currently charged with the offenses of forgery in the first degree four counts in Cobb County. Cade appeals from the denial of her plea in bar of double jeopardy contending that the Cobb County prosecution is barred by her previous guilty plea in Fulton County to theft by taking, which arose from the same facts. We find that the Cobb County prosecution is not barred by double jeopardy and affirm. From the record, we are able to ascertain the following facts. Cade was employed by the offices of the Department of Medical Benefits through the State of Georgia in Atlanta, Fulton County. In her employment, Cade was responsible for a holding account set up to reimburse medical providers and individuals for monies spent on Medicaid and insurance claims. Specifically, medical bills were paid by the Department of Medical Assistance, and the department was reimbursed by the insurance companies. Cade was responsible for writing refund checks to medical providers and to individuals for third party liability refunds. After writing each check, Cade would submit it to one of several supervisors for approval.
During an audit of the account, it was found that checks had been written by Cade for which there was no underlying documentation. Upon request, Cade was unable to provide documentation to validate such checks, and an investigation ensued which resulted in an arrest warrant being issued against her in Fulton County for theft by taking. The affidavit upon which the arrest warrant was based alleged that between March 8, 1993, and July 28, 1994, Cade had unlawfully appropriated in excess of $80,000 of State of Georgia funds by writing twenty-five fraudulent checks, each of which exceeded $500, to three co-conspirators. The affidavit further alleged that each of the checks were written in Fulton County. On January 24, 1995, Cade was indicted in Fulton County for theft by taking $80,000 in money from the State of Georgia Department of Medical Assistance. Cade entered a guilty plea on this indictment on February 14, 1997,1 and received one year to serve, commuted to time served.
