A federal grand jury has indicted Michael David Barker, 47, from Foster, on multiple charges related to an alleged scheme to defraud the Boone County Board of Education out of approximately $3.4 million. The indictment was made public following Barker's arrest by law enforcement.
The allegations cover a period from November 2019 to December 2023, during which Barker served as maintenance director for the Boone County schools. He is accused of falsifying documents to show that the school board was receiving large quantities of janitorial products from Rush Enterprises, a Kentucky business, while only a small portion of these supplies were actually delivered.
Barker reportedly submitted fraudulent invoices and purchase orders causing the school board to pay over $4 million for products from Rush Enterprises. During 2022 and 2023 alone, he allegedly caused payments for nearly 5,000 cases of hand soap when only around 829 cases were received.
Jesse Marks operated Rush Enterprises and is named as an unindicted co-conspirator in the case. It is alleged that Barker and Marks conspired to overcharge the school board and split the proceeds. Barker reportedly used his share of approximately $2 million for personal purchases.
From March 2020 through December 2023, Barker and others allegedly committed mail fraud as part of this scheme. Fraudulent invoices led to checks being sent via U.S. Mail to Rush Enterprises; Marks would then deposit these into his business account before distributing cash payments back to Barker.
Federal funds exceeding $10,000 annually were involved in this scheme during fiscal years 2021-2023. Additionally, it is claimed that Barker laundered money by purchasing expensive items such as a utility vehicle.
Barker faces charges including conspiracy to commit mail fraud, mail fraud itself, theft concerning programs receiving federal funds, and money laundering. Convictions could lead to significant prison sentences.
United States Attorney Will Thompson stated: "At a time when Boone County Schools faced significant challenges... Mr. Barker used his position of authority to enrich himself at the expense of the children."
FBI Pittsburgh Special Agent Kevin Rojek added: “This scheme not only defrauded the public but also directly impacted... our children.” John Carlo from the U.S. Department of Education Office commented on how unacceptable it was for someone in such a trusted position to act in this manner.
IRS Executive Special Agent Kareem Carter emphasized that today's indictment demonstrates ongoing efforts by IRS Criminal Investigation and partners to hold individuals accountable.
West Virginia State Auditor J.B. McCuskey noted: “Barker isn’t just accused of stealing much-needed funds... he stole from all West Virginians.”
Assistant U.S. Attorney Gabriel Price is leading prosecution efforts in this case.
It should be noted that an indictment is merely an allegation; all defendants are presumed innocent unless proven guilty beyond reasonable doubt in court.
Further information can be accessed through official channels including PACER with Case No. 2:24-cr-194.