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Date: 02-13-2019

Case Style:

United States of America v. Allen H. Loughry II

Case Number: 2:18-cr-00134

Judge: John T. Copenhaver, Jr.

Court: United States District Court for the Southern District of West Virginia (Kanawha County)

Plaintiff's Attorney: Philip H. Wright and R. Gregory McVey

Defendant's Attorney: John A. Carr

Description:




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Charleston, WV - Former Justice of West Virginia Supreme Court of Appeals Sentenced for Fraud

Allen H. Loughry II, 48, of Charleston, West Virginia, a former Justice of the Supreme Court of Appeals of West Virginia, was sentenced to 24 months in prison by Senior United States District Judge John T. Copenhaver, Jr., announced United States Attorney Mike Stuart. Loughry was also ordered to pay restitution totaling $1,273 to the State of West Virginia and the Pound Civil Justice Institute. After an eleven-day trial in October 2018, a federal jury found Loughry guilty of one count of mail fraud, seven counts of wire fraud, and two counts of lying to the Federal Bureau of Investigation. Agents with the FBI and the West Virginia Commission on Special Investigations conducted the investigation.

“Today is an important day. It is important for the people of West Virginia, in restoring the confidence of our citizens in the West Virginia Supreme Court, and in reaffirming the rule of law and the administration of justice,” said United States Attorney Mike Stuart. “Our system proved that it works. Arguably more important than any other part of the criminal justice system, sentencing is a reflection of our values as a society. The goals of sentencing are inherently contradictory and always involve a balancing of competing goals. These three goals are deterrence, denunciation, and rehabilitation. I want to thank my prosecution team, defense counsel and the jury for their tireless but critical roles in ensuring a just and fair result. I reiterate my amazing respect for the majesty of our system of justice – albeit imperfect it is the finest system known to mankind and the envy of the world. The preservation of liberty is best maintained through the confidence of the people in our system of fair and equal justice.”

Stuart continued, “I said it before and I will say it again, there’s no such thing as a little bit of public corruption. It is a cancer that erodes the public’s confidence in government and undermines the rule of law. Integrity and honesty need not be exceptions but, rather, should be the standard we expect from our public servants. To quote Mr. Loughry, as stated in his book: ‘It is essential that people have the absolute confidence in the integrity and impartiality of our system of justice.’ Today, with the sentence of Mr. Loughry, our system of justice took a big step in furthering the people’s confidence.”

"Public corruption is a betrayal of the public's sacred trust," said FBI Special Agent in Charge Robert Jones. "There is no level of acceptable corruption. The FBI will work tirelessly to make sure those in power positions uphold the law and are held to the highest standards."

Loughry’s convictions resulted from fraudulent activity while he was a sitting Justice on the Supreme Court. The mail fraud conviction stemmed from his defrauding the Pound Civil Justice Institute of approximately $400 in the summer of 2014, when he claimed mileage to attend a conference in Baltimore, Maryland, as if he had driven his own personal vehicle when in fact he drove a Supreme Court vehicle. The seven wire fraud convictions related to Loughry’s using a government fuel card to buy gasoline for travel that was not official business. Two of those wire fraud convictions, Counts 5 and 10 of the Second Superseding Indictment, involved purchases of gasoline by Loughry late at night on a holiday or weekend, not long after he had already filled up the Supreme Court’s vehicle with gasoline upon returning from a trip. The remaining five convictions for wire fraud involved purchases of gasoline with a government fuel card and travel by Loughry in a Supreme Court vehicle to attend book-signing events at The Greenbrier Resort, for the book Loughry authored in 2006 about public corruption in West Virginia.

Loughry’s two convictions for lying to the FBI resulted from false answers he gave during an interview on March 2, 2018, by a Special Agent of the FBI. During that interview, Loughry claimed he never used a state vehicle for personal use and that he did not know that a desk he had in his home was a “Cass Gilbert desk” or even a desk anyone had ever claimed to be a Cass Gilbert desk.


Charges:


FRAUDS AND SWINDLES
(3ss)
FRAUD BY WIRE, RADIO, OR TELEVISION
(5ss-6ss)
FRAUD BY WIRE, RADIO, OR TELEVISION
(10ss-12ss)
FRAUD BY WIRE, RADIO, OR TELEVISION
(15ss)
FRAUD BY WIRE, RADIO, OR TELEVISION
(18ss)
INTIMIDATION OR FORCE AGAINST WITNESS
(20ss)
STATEMENTS OR ENTRIES GENERALLY
(23ss)
STATEMENTS OR ENTRIES GENERALLY
(25ss)

Outcome: SENTENCING as to Allen H. Loughry, II held by Judge John T. Copenhaver, Jr. on 2/13/2019; Court Reporter: Catherine Schutte-Stant. (tmr)

Plaintiff's Experts:

Defendant's Experts:

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