Former Boone County BOE employee pleads guilty to $3.4 million fraud conspiracy

According to court documents and the U.S. Attorney’s Office, Barker, the former Boone County BOE maintenance director, entered into a scheme with Jesse Marks to overcharge the BOE for janitorial and custodial products sold by Marks.

For example, in 2022 and 2023, Barker submitted invoices for $475,000 for 4,993 cases of hand soap. The school district received only 829 cases.

About a month ago, Marks, 65, of Rush, Kentucky, pleaded guilty to conspiracy to commit mail fraud. He said the scheme started in late 2019.

Marks deposited checks from Boone County Schools into a business account. He then wrote himself checks from that account and cashed them, delivering some of that cash to Barker.

According to a media release, approximately 80% of payments received by Rush Enterprises from Boone County Schools — $3.4 million out of $4.3 million — were for products that were never delivered.

Barker’s parents have also pleaded guilty to depositing large amounts of cash in increments less than $10,000 to avoid a federal reporting requirement.

According to the U.S. Attorney’s Office, the scheme was “uncovered by the same investigation that resulted in the indictment of their son.�

“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,� said Acting U.S. Attorney Lisa G. Johnston in a statement. “His actions caused serious reputable harm and diminished the trust in the Boone County School system.�

Barker’s sentencing is set for July 31. He faces a maximum penalty of 20 years in prison, up to three years of supervised release and a $250,000 fine. He owes $3.4 million in restitution.