USA v. Leland Kolkmeyer Charges

IN THE UNITED STATES DISTRICT COURT FOR THE

WESTERN DISTRICT OF MISSOURI

WESTERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v.

LELAND RAY KOLKMEYER

[DOB: 06/14/1955],

Defendant.

Case No.

COUNTS ONE & TWO

18 U.S.C. § 1341

NMT: 20 Years Imprisonment

NMT: $250,000 Fine

NMT: 3 Years Supervised Release

$100 Mandatory Special Assessment on Each

Count

Class C Felony

Forfeiture Allegation

18 U.S.C. § 981(a)(1), 982(a)(1)

21 U.S.C. § 853

I N F O R M A T I O N

THE UNITED STATES ATTORNEY CHARGES THAT:

At all times relevant to this Information:

1. LELAND RAY KOLKMEYER was the elected treasurer of the Wellington

Napoleon, Missouri Fire Protection District. KOLKMEYER was first elected treasurer in 1997

and resigned from his position as treasurer on February 25, 2013.

2. The Wellington Napoleon, Missouri Fire Protection District is a political

subdivision organized and empowered to supply protection by any available means to persons

and property against injuries and damage from fire and from hazards which do or may cause fire,

and which is also empowered to render first aid for the purpose of saving lives, and to give

assistance in the event of an accident or emergency of any kind. The Wellington Napoleon,

Missouri Fire Protection District is located at 300 Cherry Street, Wellington, Missouri.

3. KOLKMEYER’s duties as treasure of the Wellington Napoleon, Missouri Fire

Protection District were to keep strict and accurate accounts of all money received by and

disbursed for and on behalf of the fire protection district in permanent records.

Case 4:13-cr-00412-GAF Document 2 Filed 11/20/13 of 6

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4. The Wellington Napoleon, Missouri Fire Protection District maintained bank

accounts with Napoleon Bank, which is a member and insured depository institution of the

Federal Deposit Insurance Corporation (“FDIC”). Napoleon Bank is located at 295 W. 2nd

Street, Napoleon, Missouri.

5. LELAND RAY KOLKMEYER was the appointed treasurer of the Wellington

Napoleon, Missouri Special Road District. KOLKMEYER was first appointed treasurer in 1996

and resigned from his position as treasurer on February 25, 2013.

6. The Wellington Napoleon, Missouri Special Road District is a corporate body that

is organized and empowered to maintain and repair roads within the Wellington Napoleon

Special Road District. The Wellington Napoleon, Missouri Special Road District is located at

503 Vine Street, Wellington, Missouri.

7. KOLKMEYER’s duties as treasure of the Wellington Napoleon, Missouri Special

Road District were to keep strict and accurate accounts of all money received by and disbursed

for and on behalf of the special road district in permanent records.

8. The Wellington Napoleon, Missouri Special Road District maintained bank

accounts with B&L Bank, which is a member and insured depository institution of the Federal

Deposit Insurance Corporation (“FDIC”). B&L Bank is located at 205 S. 13th Street, Lexington,

Missouri.

COUNT ONE

Mail Fraud

9. From approximately August 1998 through February 17, 2013, in the Western

District of Missouri and elsewhere, LELAND RAY KOLKMEYER knowingly executed a

scheme and artifice to defraud and to obtain money, funds, and credits and other property owned

by and under the custody and control of the Wellington Napoleon Fire Protection District by

means of material false and fraudulent pretenses, representations, and promises.


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10. As part of the scheme and artifice to defraud that KOLKMEYER did the

following:

a. KOLKMEYER made checks payable from the Wellington Napoleon Fire

Protection District’s bank account with Napoleon Bank to himself and

others for KOLKMEYER’s benefit without the knowledge, authorization

or consent of the Wellington Napoleon Fire Protection District.

b. KOLKMEYER fraudulently transferred without the knowledge,

authorization or consent of the Wellington Napoleon Fire Protection

District approximately $590,674.37 from the Wellington Napoleon Fire

Protection District bank accounts to his bank account or to pay bills on his

behalf.

c. KOLKMEYER, in his position as Treasurer for the Wellington Napoleon

Fire Protection District, made false statements and material omissions to

the Fire Protection District Board concerning the checks that were made

payable to KOLKMEYER and to others on his behalf.

11. On or about the date listed below, in the Western District of Missouri, defendant

LELAND KOLKMEYER, for the purpose of executing the afore-described scheme and artifice

to defraud and to obtain money and property, did knowingly place, or cause to be placed in an

authorized depository for mail, to be sent and delivered by the Postal Service, the following

matter: on or about June 12, 2012, a check written on the account of "Wellington-Napoleon Fire

Protection District" in the amount of $4,086.89 to "Citi Card Processing Center”, Des Moines,

IA, 50363.

All in violation of Title 18, United States Code, Section 1341.


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COUNT TWO

Mail Fraud

12. From approximately August 1998 through February 12, 2013, in the Western

District of Missouri and elsewhere, LELAND KOLKMEYER knowingly executed a scheme and

artifice to defraud and to obtain money, funds, and credits and other property owned by and

under the custody and control of the Wellington Napoleon, Missouri Special Road District by

means of material false and fraudulent pretenses, representations, and promises.

13. As part of the scheme and artifice to defraud that KOLKMEYER did the

following:

a. KOLKMEYER made checks payable from the Wellington Napoleon,

Missouri Special Road District’s bank account with B & L Bank to

himself and others for KOLKMEYER’s benefit without the knowledge,

authorization or consent of the Wellington Napoleon, Missouri Special

Road District.

b. KOLKMEYER fraudulently transferred without the knowledge,

authorization or consent of the Wellington Napoleon, Missouri Special

Road District approximately $939,485.53 from the Wellington Napoleon,

Missouri Special Road District bank accounts to his bank account or to

pay bills on his behalf.

c. KOLKMEYER, in his position as Treasurer for the Wellington Napoleon,

Missouri Special Road District, made false statements and material

omissions to the Special Road District Board concerning the checks that

were made payable to KOLKMEYER and to others on his behalf.


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14. On or about the date listed below, in the Western District of Missouri, defendant

LELAND KOLKMEYER, for the purpose of executing the afore-described scheme and artifice

to defraud and to obtain money and property, did knowingly place, or cause to be placed in an

authorized depository for mail, to be sent and delivered by the Postal Service, the following

matter: on or about June 12, 2012, a check written on the account of "WELL-NAP Special Road

District” in the amount of $10,363.96 to "Citi Card Processing Center”, Des Moines, IA, 50363.

All in violation of Title 18, United States Code, Section 1341.

FORFEITURE ALLEGATION

15. The allegations of Counts One and Two of this Information are re-alleged and

fully incorporated herein for the purpose of alleging forfeiture to the United States of America of

certain property, real and personal, in which the defendant has an interest, pursuant to the

provisions of Title 18, United States Code, Sections 981(a)(1)(C), 982(a)(1), Title 28, United

States Code, Section 2461, and the procedures outlined in Title 21, United States Code, Section

853.

16. Upon conviction of any violation of Title 18, United States Code, Section 1341,

the defendant shall forfeit to the United States any property, real or personal, constituting, or

derived from, proceeds the person obtained directly or indirectly pursuant to Title 18, United

States Code, Section 981(a)(1).

17. The property subject to forfeiture includes, but is not limited to, the following:

a. Money Judgment and Other Property Involved In or Traceable to the

Offenses:

Any interest or proceeds traceable thereto of at least $1,530,159.90,

representing the proceeds obtained by defendant LELAND

KOLKMEYER, in that such sum in aggregate is involved in, or is derived

from, proceeds traceable to the offenses set forth in Counts One and Two.


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Substitute Assets

18. If the property described above as being subject to forfeiture as a result of any act

or omission of the defendant,

(1) cannot be located upon the exercise of due diligence;

(2) has been transferred or sold to, or deposited with a third person;

(3) has been placed beyond the jurisdiction of the Court;

(4) has been substantially diminished in value; or

(5) has been commingled with other property which cannot be subdivided

without difficulty; it is the intent of the United States, pursuant to Title 21, United States Code,

Section 853(p), as incorporated by Title 18, United States Code, Section 982(b), to seek

forfeiture of any other property of the defendant up to the value of the above-forfeitable property

or to seek return of the property to the jurisdiction of the Court so that the property may be

seized and forfeited.

All pursuant to the provisions of Title 18, United States Code, Sections 981(a)(1),

982(a)(1), Title 28, United States Code, Section 2461, and the procedures outlined in Title 21,

United States Code, Section 853(p).

Tammy Dickinson

United States Attorney

Paul S. Becker

Assistant United States Attorney

Dated: _____________________

Kansas City, Missouri


USA v. Leland Kolkmeyer Charges

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