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West Virginia schools official pleads guilty to $3.4M fraud scheme using COVID-19 funds

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Saturday, April 12, 2025

West Virginia schools official pleads guilty to $3.4M fraud scheme using COVID-19 funds

Attorneys & Judges
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Lisa G. Johnston Acting United States Attorney for the Southern District of West Virginia | U.S. Attorney for the Southern District of West Virginia

Michael David Barker, a former maintenance supervisor for Boone County Schools, admitted on April 7, 2025, to being involved in a $3.4 million fraud scheme. According to court documents, Barker colluded with Jesse Marks from Rush Enterprises to overcharge the Boone County Board of Education for custodial and janitorial supplies.

Barker and Marks agreed to inflate invoices for supplies ranging from hand soap to face masks. The Boone County Board of Education paid $4,310,714.82 to Rush Enterprises from November 2019 to December 2023, with $3,448,571.85 of that amount based on fraudulent invoices. Marks admitted to writing and cashing checks from this amount and delivering cash to Barker, who used it for personal expenses.

Lisa G. Johnston, Acting United States Attorney, criticized Barker for exploiting COVID-19 relief funds to the detriment of the school system and its students. "Mr. Barker took advantage of COVID-19 pandemic relief funds and put his own greed above the interests of the Boone County School system and the children it serves," she stated.

Marks also pleaded guilty to conspiracy to commit mail fraud and is due for sentencing on July 28, 2025. Barker will face a sentencing hearing on July 31, 2025, with a potential maximum penalty of 20 years in prison and $3,400,000 owed in restitution.

Barker's parents, Michael P. Barker and Lana Barker, were involved in a related scheme of structuring financial transactions to avoid federal reporting requirements. They admitted to depositing amounts just under the $10,000 reporting threshold to their bank accounts between November 7 and November 28, 2023. Their involvement came to light through the investigation of their son’s activities. They are scheduled to be sentenced in June and July 2025.

The investigation was carried out by multiple agencies, including the FBI and the U.S. Department of Education, with the case being prosecuted by Assistant United States Attorney Gabriel Price. Johnston commended the collaborative effort of all involved, emphasizing the commitment to recovering defrauded funds and prosecuting the responsible parties: "This case is a result of outstanding teamwork and reflects the tireless dedication of this office and its law enforcement partners to bring to justice those who stole from the American people during a national emergency."

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