Criminal Case no. 3:06-00204
In an effort to keep victims informed of proceedings in this case, new developments or updates will be posted on this website regularly.
Barry Stokes recently died while still serving his federal prison sentence. Stokes had previously filed an appeal with the Sixth Circuit Court of Appeals, and that appeal was pending at the time of his death. When a person dies while his case is on appeal, several potential legal issues are raised. Depending on the specific circumstances of the case, those legal issues could have differing effects on the appeal, the conviction, restitution, and other related matters. The United States Attorney’s Office is currently reviewing those legal issues and how they might affect various matters in this case. Because that review is ongoing, no final determination has yet been made. This website will be updated periodically as the legal issues surrounding Stokes’s death continue to develop.
“Barry Stokes has filed a notice of appeal, which is court document that indicates that a party intends to appeal his or her sentence and judgment. A notice of appeal does not describe the grounds for the appeal but merely triggers the start of the appellate process. Later, the appellate court – in this case, the Court of Appeals for the Sixth Circuit – will set a schedule for the parties to file written briefs related to the appeal. After the written briefs are submitted, there may also be an oral argument scheduled before the Sixth Circuit. After the briefs and argument, the Sixth Circuit will issue a decision. The length of the entire appellate process varies greatly from case to case, but it often takes many months or longer. During that process, the district court’s judgment and sentence remains in effect, and Mr. Stokes remains incarcerated.”
On September 3, 2009, United States District Judge Robert Echols sentenced Barry Stokes to 151 months of imprisonment, to be followed by three years of supervised release. The court also ordered Stokes to pay restitution in the amount of $19,964,553.93. Stokes, who had been in pre-trial custody for nearly three years, remained in custody and will be remanded to the Bureau of Prisons to serve his sentence.
“This is a final reminder that the sentencing hearing in U.S. v. Stokes will occur on Thursday, September 3, 2009 at 9:00 AM before Judge Robert Echols. As a victim, it is your right to be present at this hearing and, if you wish, to address the Court. The presence of victims at sentencing hearings can have a significant effect on the Court’s rulings, so the United States Attorney’s Office encourages you to attend. If you plan to attend and also wish to address the Court, please let Theresa Parsley, Victim-Witness Coordinator, know by telephone (615-736-2150) or email (Theresa.email@example.com) by Friday, August 28, 2009 or as soon as possible. The decision to speak is entirely your own, and those persons who wish only to observe are still encouraged to attend.”
The sentencing hearing that was originally scheduled to take place Monday, May 18, 2009 has been rescheduled to September 3, 2009, at 9:00AM before District Judge Robert Echols.
The sentencing hearing that was originally scheduled for Monday, May 18, 2009 has been continued, and the court has not yet provided a new date for the hearing. When the court reschedules the hearing, we will post that new date and time.
The sentencing hearing originally set on January 12, 2009, has now been rescheduled to take place on May 18, at 9:00AM, by Senior Judge Robert L. Echols. If you wish to attend this sentencing, please contact our office on or around May 15 to confirm there have been no last minute changes.
The sentencing hearing that was originally scheduled for Monday, January 12, 2009 has been continued, and the court has not yet provided a new date for the hearing. When the court reschedules the hearing, we will post that new date and time.
On Tuesday, September 9, 2008, Barry R. Stokes entered pleas of guilty to over 30 counts of the Superseding Indictment. Judge Echols will set a date for sentencing in the near future, and we will post the date of the sentencing hearing as soon as it has been announced.
We will also post details regarding submission of victim impact statements that describe to the judge the harm and the impact that these offenses have had on you and your families.
For the details of the guilty plea and the plea agreement, please see the plea agreement, which has been posted to this site.
Senior Judge Robert L. Echols has set a guilty plea hearing on Tuesday, September 9, 2008 at 1:00 p.m. All victims in the case have a right to be present at the hearing, which will take place in the Federal Courthouse on 110 9th Avenue South, in courtroom 874.
E-mail responses can be sent to USvStokes@usdoj.gov
The trial in United States v. Barry Stokes has been rescheduled to begin Tuesday, September 9, 2008 at 0900.
The defense, without objection from the government, has moved for a continuance and has requested a final setting of the trial date on June 25, 2008. The court has not officially approved this suggested trial date, but it has indicated that the continuance of the February 26, 2008 trial date will be granted. Once the new trial date is officially announced, the updated schedule will be posted to this site.
The trial in United States v. Barry Stokes has been rescheduled to begin February 26, 2008.
In September, 2007, the defense filed another motion to continue the trial, and the government did not oppose this motion. The Hon. Judge Robert Echols has granted this continuance, and will issue an order re-scheduling the date of the trial in the coming weeks. As soon as a new date for the trial has been ordered by the court, we will post that information here immediately.
The trial has been reset to October 23, 2007, before Judge Robert Echols.
The defendant was detained Tuesday, June 5, 2007.
1. Thursday, May 17, 2007: The trial date of May 22, 2007 has been continued by the court. At this time, no new date has been set, but we will post the new date as soon as it is selected.
2. Friday, May 18, 2007: The Magistrate has granted the defense motion to reopen the detention hearing that was originally held on October 19, 2006. The date for the detention hearing is Tuesday, June 5, 2007 at 10am.
3. Monday, May 21, 2007: The defendant waived his arraignment on the superseding indictment and entered a plea of "NOT GUILTY".
The trial in this case has been rescheduled to May 22, 2007, at 9:00 AM.
The trial scheduled to begin at 9:00 a.m. on Tuesday, January 23, 2007, before Judge Robert L. Echols, has been CONTINUED. It has not been rescheduled at this time.
3) The trial scheduled to begin at 9:00 a.m. on Tuesday, January 23, 2007, before Judge Robert L. Echols, has been CONTINUED. It has not been rescheduled at this time.
2) On November 8, 2006, a federal grand jury in the Middle District of Tennessee indicted the defendant on six counts of embezzling ERISA funds, also in violation of Title 18, United States Code, Section 664.
1) On October 13, 2006, the defendant was arrested pursuant to a federal complaint charging him with embezzlement of funds subject to Title I of the Employee Retirement Income Security Act of 1974 (ERISA), in violation of Title 18, United States Code, Section 664.