Source: Office of United States Attorneys
CHARLESTON, W.Va. – Jesse Marks, 65, of Rush, Kentucky, pleaded guilty today to conspiracy to commit mail fraud. Marks admitted to conspiring with Michael David Barker to overbill the Boone County Schools system while Barker was its maintenance director.
According to court documents and statements made in court, Marks was the sole owner and operator of Rush Enterprises when Barker contacted him in November 2019 about Rush Enterprises selling custodial and janitorial supplies to Boone County Schools. Marks agreed and began supplying Boone County Schools with supplies including hand soap, trash can liners, facemasks, face shields, and hand sanitizer.
Marks admitted that he and Barker entered into the overbilling scheme in November 2019. Barker submitted invoices to Boone County Schools on behalf of Rush Enterprises that significantly inflated the number of products that it was delivering. Boone County Schools relied on the fraudulent invoices and mailed checks to Rush Enterprises using the United States Postal Service.
As part of the agreement with Barker, Marks deposited the checks from Boone County Schools into the business bank account for Rush Enterprises, wrote himself checks on that account that he cashed at various banks, and personally delivered some of that cash to Barker in manila envelopes. Marks admitted that he and Barker initially agreed to evenly split the proceeds of the overbilling scheme after deducting the cost of the products actually delivered to Boone County Schools. Marks further admitted that their agreement changed in October 2020, when Barker began receiving 55 percent of the fraudulent profits.
Marks estimated that approximately 80 percent of the total payments received by Rush enterprises from Boone County Schools, or $3,448,571.85 out of $4,310,714.82, was for products never delivered.
Marks is scheduled to be sentenced on June 16, 2025, and faces a maximum penalty of 20 years in prison, up to three years of supervised release, and a $250,000 fine. Marks also owes restitution in an amount to be determined by the Court.
A federal grand jury returned an 18-count indictment on December 11, 2024, charging Barker, 47, of Foster, with mail fraud, conspiracy to commit mail fraud, theft concerning programs receiving federal funds, and money laundering. Barker’s trial is scheduled for April 15, 2025. An indictment is merely an allegation and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the U.S. Department of Education, Office of Inspector General, the Internal Revenue Service-Criminal Investigations (IRS-CI), the West Virginia State Police, and the West Virginia State Auditor’s Office (WVSAO) Public Integrity and Fraud Unit (PIFU), and the assistance provided by the West Virginia Department of Education.
United States District Judge Thomas E. Johnston presided over the hearing. Assistant United States Attorney Gabriel Price is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:25-cr-6.
###