CHARLESTON, WV (LOOTPRESS) – A Kentucky businessman has pleaded guilty to conspiracy to commit mail fraud in connection with a scheme that defrauded Boone County Schools out of more than $3.4 million.
Jesse Marks, 65, of Rush, Kentucky, admitted in federal court Thursday that he conspired with Michael David Barker, the school system’s former maintenance director, to overbill the district for custodial and janitorial supplies.
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According to court documents, Marks, the owner of Rush Enterprises, began supplying Boone County Schools with products such as hand soap, trash can liners, and hand sanitizer in November 2019.
Soon after, he and Barker devised a scheme to submit fraudulent invoices that significantly inflated the number of supplies being delivered.
The school district unknowingly paid these invoices, mailing checks to Rush Enterprises.
Marks then deposited the payments into his business account, wrote himself checks, and cashed them at various banks.
He admitted to personally delivering some of the cash to Barker in manila envelopes. Initially, the pair agreed to split the fraudulent profits evenly, but in October 2020, Barker’s share increased to 55%.
Marks estimated that roughly 80% of the total payments—$3,448,571.85 out of $4,310,714.82—were for products that were never delivered.
Marks is scheduled for sentencing on June 16, 2025, and faces up to 20 years in prison, three years of supervised release, and a $250,000 fine.
He will also be required to pay restitution, with the exact amount to be determined by the court.
Barker, 47, of Foster, West Virginia, was indicted in December 2024 on 18 counts, including mail fraud, conspiracy, and money laundering. His trial is set for April 15, 2025.
The case was investigated by the FBI, the U.S. Department of Education’s Office of Inspector General, the IRS-Criminal Investigations, the West Virginia State Police, and the West Virginia State Auditor’s Office.
The West Virginia Department of Education also provided assistance.
United States District Judge Thomas E. Johnston presided over the hearing, and Assistant U.S. Attorney Gabriel Price is prosecuting the case.
