Former Boone County Schools Maintenance Supervisor Sentenced to Prison and Order to Pay $3.4 Million for Fraud Scheme

CHARLESTON, W.Va. – Michael David Barker, 48, of Foster, was sentenced on November 10, 2025, to two years and nine months in prison, to be followed by three years of supervised release, and ordered to pay $3,448,571.85 in restitution for conspiracy to commit mail fraud. Barker admitted to a scheme to defraud the Boone County Schools system by more than $3.4 million while employed as the maintenance director.

According to court documents and statements made in court, from about November 2019 through December 2023, Barker ordered custodial and janitorial supplies for Boone County Schools from Jesse Marks and his company, Rush Enterprises. These supplies included hand soap, trash can liners, face masks, face shields, and hand sanitizer.

Barker admitted that he and Marks agreed that Rush Enterprises would overbill the Boone County Board of Education for these supplies. As part of this scheme, Barker approved invoices on behalf of Rush Enterprises that significantly inflated the number of products that were actually delivered to Boone County Schools. Barker submitted these fraudulent invoices to the Boone County Board of Education, which relied on them to mail checks to Rush Enterprises using the United States Mail.

Marks deposited the checks from Boone County Schools into the business bank account for Rush Enterprises, wrote himself checks on that account that he cashed at various banks, and personally delivered some of that cash to Barker in manila envelopes. Barker admitted that he spent the cash delivered by Marks to buy vehicles and equipment and make substantial improvements to his residence in Foster.

Marks deducted the cost of the products actually delivered to Boone County Schools from the proceeds of the overbilling scheme. Boone County Schools paid Rush Enterprises $4,310,714.82 from in or about November 2019 through in or about December 2023. Barker admitted that approximately 80 percent of the total payments received by Rush Enterprises, or $3,448,571.85, was based on fraudulent invoices.

Marks, 65, of Rush, Kentucky, sentenced on November 13, 2025, to five years of federal probation, including one year and six months on home detention, and ordered to pay $3,448,571.85 in restitution, after pleading guilty to conspiracy to commit mail fraud.

As a result of the investigation of Michael David Barker, his parents Michael P. Barker, 68, and Lana Barker, 66, both of Foster, pleaded guilty on March 3, 2025, to structuring transactions with one or more domestic financial institutions. Starting on or about November 7, 2023, through on or about November 28, 2023, the couple made or caused to be made 11 cash deposits to their bank accounts in amounts ranging from $8,000.00 to $9,500.00 and totaling $97,215.00. The couple admitted that these transactions were specifically designed to avoid currency reporting requirements. Financial institutions are required to report cash deposits of more than $10,000.00, and federal law prohibits structuring multiple cash deposits to avoid this reporting requirement. The Barkers furthered admitted that they used the $97,215.00, a $30,000.00 bank loan, and $50,000.00 provided by their son to purchase property in Foster. They were each sentenced to one year of federal probation.

United States Attorney Moore Capito made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the U.S. Department of Education-Office of Inspector General, the Internal Revenue Service-Criminal Investigations (IRS-CI), the West Virginia State Police, and the West Virginia State Auditor’s Office (WVSAO) Public Integrity and Fraud Unit (PIFU), and the assistance provided by the West Virginia Department of Education.

United States District Judge Thomas E. Johnston imposed the sentence. Assistant United States Attorney Gabriel Price prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-194.

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