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Date: 03-17-2019
Case Style:
United States of America v. Kelvin Atkinson
Case Number: 2:19-cr-00055-JCM-CWH
Judge: James C. Mahan
Court: United States District Court for the District of Nevada (Clark County)
Plaintiff's Attorney: Daniel R. Schiess
Defendant's Attorney: Richard A. Wright
Description:
Las Vegas, NV - Former Nevada Senate Majority Leader Pleads Guilty To Misusing $250,000 Of Donor Money For Personal Expenses
Nevada State Senate Majority Leader Kelvin Atkinson, who resigned his position, pleaded guilty in federal court to a wire fraud scheme involving the misuse of at least $249,000 of donor money on personal expenses. Those expenses included operating a Las Vegas night club, payments to personal credit cards, and leasing a luxury car.
“In the Silver State, the vast majority of public officials serve with integrity. They serve others, not their own self-interests,” said United States Attorney Trutanich. “Public service is a public trust. And when federal law enforcement learn of potential violations of that trust, justice requires us to do our level best to conduct a fair and dispassionate inquiry into the facts.”
“Rooting out corruption is exceptionally difficult, but it is a top criminal priority for the FBI,” said Special Agent in Charge Rouse. “Public corruption erodes public confidence and undermines the strength of our democracy. The FBI, along with our law enforcement partners, will continue to aggressively investigate elected officials who choose to exploit the public’s trust for their personal gain.”
“Public corruption erodes the trust and confidence the public has for our elected officials,” said Special Agent in Charge Sullivan. “IRS Criminal Investigation will continue to investigate individuals who violate that trust.”
Before his resignation, Atkinson, 49, represented District 4. He was elected to Nevada State Senate in November 2012, having previously served in the Nevada State Assembly since November 2002. He was named the Senate’s Majority Leader in November 2018.
Atkinson admitted that, from at least January 2010 to about December 2017, he devised a scheme to mislead donors contributing to his campaign by falsely representing to them that he would use donations for lawful campaign purposes. But in reality, Atkinson misused contributions in his campaign account for personal expenses and not for legitimate campaign purposes.
According to the plea agreement and today’s court proceedings, the manner in which Atkinson withdrew the money, how he spent the money, where he spent it, the age of certain transactions, and his failure to keep adequate records, make Atkinson’s precise fraud amount presently indiscernible. In total, however, Atkinson admitted that he spent nearly $250,000 of unreported withdraws on personal expenses and not for legitimate campaign purposes. Atkinson’s personal spending of campaign funds included $100,000 in payments to his personal credit cards, $75,000 towards opening and operating a Las Vegas night club, and $20,000 on leasing a Jaguar Sports Utility Vehicle, among many other personal expenditures.
Atkinson remains out of custody pending sentencing, which is scheduled for July 11, 2019. The statutory maximum term of imprisonment for wire fraud is 20 years. He has agreed to pay $249,900 in restitution.
The case was investigated by the FBI and IRS Criminal Investigation.
Charge:
Wire Fraud - 19 U.S.C. 1343
Outcome: 03/11/2019 3 WAIVER OF INDICTMENT as to Kelvin Atkinson. (MR) (Entered: 03/11/2019)
03/11/2019 4 INFORMATION as to Kelvin Atkinson (1) Count 1. (MR) (Entered: 03/11/2019)
03/11/2019 5 AO 257 to 4 Information - Felony as to Kelvin Atkinson. (MR) (Entered: 03/11/2019)
03/11/2019 6 PLEA AGREEMENT as to Kelvin Atkinson. (MR) (Entered: 03/11/2019)
03/11/2019 7 PR BOND Entered as to Kelvin Atkinson. (MR) (Entered: 03/11/2019)
03/11/2019 8 MINUTES OF PROCEEDINGS - Waiver of Indictment/Arraignment & Change of Plea as to Kelvin Atkinson held on 3/11/2019 before Judge James C. Mahan. Crtrm Administrator: NEV; AUSA: Daniel Schiess with FBI Agent Dawn Tomazich; Def Counsel: Richard Wright; PTS: Emily McKillip; Court Reporter/Recorder: Amber McClane; Time of Hearing: 9:00 a.m. - 9:35 a.m.; Courtroom: 6A.
Upon oral motion from Mr. Schiess to unseal the case and no objection from Mr. Wright, the Court ORDERS this case to be unsealed.
Defendant is present at liberty and sworn. Defendant and counsel execute and file a Waiver of Indictment. Defendant is arraigned on the Criminal Information. The Court canvasses the Defendant as to the change of plea. Defendant pleads GUILTY to Count 1 of the 4 Information. Plea Agreement filed. Court conditionally accepts the guilty plea. This matter is referred to the probation department for investigation and report. IT IS FURTHER ORDERED that Defendant is placed on a personal recognizance bond with conditions. Defendant ordered to report to the U.S. Marshal and the Probation Office within 24 hours.
Sentencing and disposition set for 7/11/2019 at 10:00 AM in LV Courtroom 6A before Judge James C. Mahan.
(no image attached) (Copies have been distributed pursuant to the NEF - NEV) (Entered: 03/11/2019)
03/11/2019 9 NOTICE to Contact the U.S. Probation Office as to Kelvin Atkinson. (NEV) (Entered: 03/11/2019)
Plaintiff's Experts:
Defendant's Experts:
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