Date: 11-11-2019

Case Style:

Case Number: CF-2018-0013

Judge: Kelly Hake

Court: District Court, Creek County, Oklahoma

Plaintiff's Attorney: Mike Loeffler and Laura Farris

Defendant's Attorney:

Call 918-582-6422 if you need help finding a embezzlement and/or receiving kickbacks by a public official case in Bristow, Oklaoma

Description: Oilton, OK - The State of Oklahoma charged Patrick Leon Kennedy with embezzlement in violation of 21 O.S. 1451, which provides that:



A. Embezzlement is the fraudulent appropriation of property of any person or legal entity, legally obtained, to any use or purpose not intended or authorized by its owner, or the secretion of the property with the fraudulent intent to appropriate it to such use or purpose, under any of the following circumstances:

1. Where the property was obtained by being entrusted to that person for a specific purpose, use, or disposition and shall include, but not be limited to, any funds "held in trust" for any purpose;

2. Where the property was obtained by virtue of a power of attorney being granted for the sale or transfer of the property;

3. Where the property is possessed or controlled for the use of another person;

4. Where the property is to be used for a public or benevolent purpose;

5. Where any person diverts any money appropriated by law from the purpose and object of the appropriation;

6. Where any person fails or refuses to pay over to the state, or appropriate authority, any tax or other monies collected in accordance with state law, and who appropriates the tax or monies to the use of that person, or to the use of any other person not entitled to the tax or monies;

7. Where the property is possessed for the purpose of transportation, without regard to whether packages containing the property have been broken;

8. Where any person removes crops from any leased or rented premises with the intent to deprive the owner or landlord interested in the land of any of the rent due from that land, or who fraudulently appropriates the rent to that person or any other person; or

9. Where the property is possessed or controlled by virtue of a lease or rental agreement, and the property is willfully or intentionally not returned within ten (10) days after the expiration of the agreement.

Embezzlement does not require a distinct act of taking, but only a fraudulent appropriation, conversion or use of property.

B. Except as provided in subsection C of this section, embezzlement shall be punished as follows:

1. If the value of the property embezzled is less than One Thousand Dollars ($1,000.00), any person convicted shall be guilty of a misdemeanor punishable by a fine not exceeding One Thousand Dollars ($1,000.00), by imprisonment in the county jail for a term not to exceed one (1) year or, at the discretion of the court, by imprisonment in the county jail for one or more nights or weekends pursuant to Section 991a-2 of Title 22 of the Oklahoma Statutes, or by both such fine and imprisonment;

2. If the value of the property embezzled is One Thousand Dollars ($1,000.00) or more but less than Two Thousand Five Hundred Dollars ($2,500.00), any person convicted shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term not to exceed two (2) years or in the county jail for a term not to exceed one (1) year, shall be subject to a fine not exceeding Five Thousand Dollars ($5,000.00), and ordered to pay restitution to the victim as provided in Section 991f of Title 22 of the Oklahoma Statutes;

3. If the value of the property embezzled is Two Thousand Five Hundred Dollars ($2,500.00) or more but less than Fifteen Thousand Dollars ($15,000.00), any person convicted shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term not to exceed five (5) years, shall be subject to a fine not exceeding Five Thousand Dollars ($5,000.00), and ordered to pay restitution to the victim as provided in Section 991f of Title 22 of the Oklahoma Statutes; or

4. If the value of the property embezzled is Fifteen Thousand Dollars ($15,000.00) or more, any person convicted shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term not to exceed eight (8) years, subject to a fine not exceeding Ten Thousand Dollars ($10,000.00), and ordered to pay restitution to the victim as provided in Section 991f of Title 22 of the Oklahoma Statutes.

For purposes of this subsection, a series of offenses may be aggregated into one offense when they are the result of the formulation of a plan or scheme or the setting up of a mechanism which, when put into operation, results in the taking or diversion of money or property on a recurring basis. When all acts result from a continuing course of conduct, they may be aggregated into one crime. Acts forming an integral part of the first taking which facilitate subsequent takings, or acts taken in preparation of several takings which facilitate subsequent takings, are relevant to determine the intent of the party to commit a continuing crime.

C. Any county or state officer, deputy or employee of such officer, who shall divert any money appropriated by law from the purpose and object of the appropriation shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term not less than one (1) year nor more than ten (10) years, and a fine equal to triple the amount of money so embezzled and ordered to pay restitution to the victim as provided in Section 991f of Title 22 of the Oklahoma Statutes. The fine shall operate as a judgment lien at law on all estate of the party so convicted and sentenced, and shall be enforced by execution or other process for the use of the person whose money or other funds or property were embezzled. In all cases the fine, so operating as a judgment lien, shall be released or entered as satisfied only by the person in interest.

D. Any executor, administrator, trustee, beneficiary or other person benefiting from, acting in a fiduciary capacity for, or otherwise administering a probate, intestate, or trust estate, whether the trust is inter vivos or testamentary, upon conviction of embezzlement from the estate shall not receive any portion, share, gift or otherwise benefit from the estate.

The State also charged the defendant with violation of 21 O.S. Section 269, which provides:

A. Every executive officer who asks or receives any emolument, gratuity or reward, or any promise of any emolument, gratuity or reward, excepting such as may be authorized by law, for doing any official act, is guilty of a misdemeanor.

B. It shall be unlawful for any state employee, with responsibility or oversight for processing a benefit or allowance, to solicit any portion of the benefit or allowance as a gratuity, kickback, or loan from a recipient who is otherwise entitled to the benefit or allowance.

C. Any state employee convicted of violating the provisions of subsection B of this section shall be guilty of a misdemeanor punishable by a fine of not less than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for a term not to exceed one (1) year, or by both such fine and imprisonment.

Outcome: 10-03-2019

CM:KH:VCK CSR:10-2-19 - PLEA - DEFENDANT PRESENT WITH

Document Available (#CC19100400000103) Download document in TIFF format.TIFF Download document in PDF format.PDF
$ 500.00


COUNSEL CHERYL RAMSEY - DEFENDANT SWORN - PLEA OF
$ 300.00


GUILTY/SUMMARY OF FACTS PRESENTED - DEFENDANT PLEADS
$ 30.00


GUILTY - COURT ACCEPTS PLEA - DEFENDANT SENTENCED AS
$ 500.00


FOLLOWS: COUNT 1) DISMISSED WITHOUT COSTS - COUNT 2) 36
$ 300.00


MONTH DEFERRED - $500.00 SPECIAL ASSESSMENT, $300.00
$ 30.00


VICTIMS COMP, $1,800.00 RESTITUTION, COURT COSTS, JAIL,



AND FEES PER STATUTE - COUNT 3) 36 MONTH DEFERRED -



$500.00 SPECIAL ASSESSMENT, $300.00 VICTIMS COMP,



$1,800.00 RESTITUTION, COURT COSTS, JAIL, AND FEES PER



STATUTE - 24 HOUR COMMUNITY SERVICE - COURT DATE FOR



END OF DEFERRED SENTENCE 3-9-22 AT 9:30 A.M., IN



BRISTOW FOR EXPUNGEMENT - DEFENDANT TO ARRANGE PAYMENT



PLAN WITH THE COURT CLERK'S OFFICE WITHIN TIME LIMITS



ORDERED HEREIN - DEFENDANT ORDERED TO CHECK IN WITH



D.A. PROBATION WITHIN TIME LIMITS ORDERED HEREIN -



ADVISED OF APPELLATE RIGHTS - ATTORNEY ALLOWED TO

Plaintiff's Experts:

Defendant's Experts:

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