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Justice News

Department of Justice
U.S. Attorney’s Office
Western District of Virginia

Wednesday, September 11, 2013

Former Court Reporter Sentenced To Prison Time For Charges Related To Obstruction Of Justice

Ernest Benko To Serve 15 Months In Federal Prison

ABINGDON, VIRGINIA – United States Attorney Timothy J. Heaphy announced today that Ernest Julius Benko, 67, of Norton, Va., was sentenced yesterday in the United States District Court for the Western District of Virginia in Abingdon to 15 months incarceration  following his earlier guilty pleas to charges related to the obstruction of a federal criminal investigation.

Benko had earlier entered a plea of guilty to one count of obstruction of an official proceeding and one count of conspiracy to cause false statements and obstruct an official proceeding.

According to evidence presented at his guilty plea hearing by Assistant United States Attorney Zachary T. Lee, between 2008 and 2013, Benko was employed as a private investigator, videographer, notary public, and a court reporter for the Circuit Court of Wise County, Virginia and the United States Bankruptcy Court for the Western District of Virginia.

During this time, the Federal Bureau of Investigation and Virginia State Police had an ongoing investigation regarding attorney Robert Stuart Collins’ involvement in the illegal possession and distribution of controlled substances.  In May 2009, Benko was hired by Collins to record sworn statements from individuals cooperating in the FBI and Virginia State Police’s investigation in which the witnesses were told to falsely represent that Collins had no involvement in anything that was illegal or unethical.

These false statements were conducted in order to obstruct the criminal investigation into Collins. One of the witnesses, whose statement Benko recorded, was also told to falsely state that he had been threatened by an FBI agent in order to secure his cooperation in the FBI's investigation.  At the time of the taking of these false sworn statements Benko was aware that Collins had a drug problem and had been involved in the illegal activity that was the subject of the criminal investigation.  On September 13, 2012, Benko was interviewed by agents of the FBI and Virginia State Police.  Benko falsely stated that he had no knowledge of Collins being involved in illicit drug use.

The investigation of this case was conducted by the Virginia State Police, Federal Bureau of Investigation, Wise County Commonwealth’s Attorney’s Office, and the Southwest Virginia Drug Task Force.  Assistant United States Attorney Zachary T. Lee is prosecuting the case for the United States.

Updated April 15, 2015