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Federal indictment alleges school fund embezzlement by former maintenance director

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U.S. Attorney William S. Thompson | U.S. Department of Justice

A federal grand jury has returned an 18-count indictment against Michael David Barker, 47, from Foster. Barker faces charges of mail fraud, conspiracy to commit mail fraud, theft concerning programs receiving federal funds, and money laundering. The indictment was unsealed following his arrest.

The charges relate to an alleged scheme by Barker, who served as the maintenance director for Boone County schools from around 2015 to November 2023. He is accused of defrauding the Boone County Board of Education out of approximately $3.4 million between November 2019 and December 2023.

According to the indictment, Barker falsified documents indicating that large quantities of janitorial supplies were delivered to the Boone County Board of Education by Rush Enterprises when only a small amount was actually received. Fraudulent invoices submitted by Barker led the board to pay over $4 million for these products.

Jesse Marks operated Rush Enterprises and is named as an unindicted co-conspirator in this case. Together with Barker, they allegedly overbilled the board and shared the proceeds from their fraudulent activities. It is claimed that Barker received about $2 million from this scheme.

From March 2020 through December 2023, Barker and others are said to have conspired in committing mail fraud as part of this plan. Fraudulent invoices resulted in checks being mailed to Rush Enterprises, which Marks then deposited into his business account before distributing cash payments back to Barker.

The indictment highlights that Boone County Board of Education annually received federal funds exceeding $10,000 during fiscal years 2021 through 2023; thus implicating federally sourced money in the alleged fraud. Additionally, it claims that proceeds from this scheme were laundered by purchasing personal items such as a utility vehicle and making down payments on heavy equipment.

Barker faces multiple counts including one count of conspiracy to commit mail fraud and several counts each for mail fraud, theft concerning programs receiving federal funds, and money laundering. If convicted on all charges he could face significant prison time—upwards of two decades per count for conspiracy or mail fraud—and ten years per count for theft or money laundering.

United States Attorney Will Thompson remarked on the situation stating: “At a time when Boone County Schools faced significant challenges... Mr. Barker used his position...to enrich himself at expense...” while FBI Pittsburgh Special Agent Kevin Rojek added: “This scheme not only defrauded public... but also directly impacted health safety wellbeing...”

John Carlo from U.S Department Education Office Inspector General emphasized aggressive pursuit against misuse education funds remarking "Today’s action alleges Mr.Barker abused trust personal gain..."

Kareem Carter IRS-CI Washington D.C Field Office stated: "Mr.Barker entrusted responsibility ordering supplies necessary maintenance instead exploited position..."

West Virginia State Auditor J.B McCuskey condemned actions saying “Barker isn’t just accused stealing needed funds...he stole all West Virginians taxpayers throughout country..."

Assistant U.S Attorney Gabriel Price prosecutes case noting defendants presumed innocent until proven guilty court law; related documents available PACER Case No.:2:24-cr-194

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