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JERRY FANNIN
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THE GRAND JURY CHARGES:
BACKGROUND
departments, commissions, and councils, including, among others, the Mountain Arts
Commission, and the Senior Citizens Center. The City and its agencies utilized several
bank accounts, including, among others, the City General Fund, the 911 Wireline, the
Fire Department Support Fund, the Tourism Commission Fund, Tourism Account, the
Parking Fund, the Stonecrest Golf Course Account, the Senior Fund, and the Mountain
3. In 2013, the City received more than $10,000 of funds under federal
Development (HUD) funds for the construction of an addiction treatment facility, and
Payments in Lieu of Taxes (PILOT) from HUD paid through the Prestonsburg Housing
4. At all relevant times, JERRY FANNIN was the Mayor of the City, and as
such was an agent oflocal government within the purview of 18 U.S.C. 666(a)(l) and
(d)(l).
5. At all relevant times, the funds of the City and all of its subdivisons legally
could only be expended to pay the just debts and for the benefit of the City, and not for
the benefit of another person or entity. The property of the City legally could only be
professional arena football team located in Pikeville, Kentucky. The Drillers had no
official or legal affiliation with the City. During tl~~e time period covered by this
indictment JERRY FANNIN was an investor in and played for the Drillers.
7. During the calendar year 2013, JERRY FANNIN caused funds from
JERRY FANNIN caused City funds to be expended to rent cabins at a state park for the
directed that two City-owned vans used by the Senior Citizens Center be used to transport
the Drillers to a game in Michigan. City employees were paid out of City funds to drive
Case: 7:17-cr-00003-KKC-EBA Doc #: 1 Filed: 02/23/17 Page: 3 of 5 - Page ID#: 3
the vans and players to Michigan. In addition, a City credit card was used to purchase
gas for the Drillers trip. The total of all expenditures by the City for the benefit of the
COUNTl
18 U.S.C. 666(a)(l)(A)
18 u.s.c. 2
herein by reference.
JERRY FANNIN,
being an agent oflocal government that received more than $10,000 of federal funds in a
twelve-month period, without authority converted to the use of a person other than the
rightful owner, and did intentionally misapply money and property, that is, money and
property paid to or used for the benefit of the Eastern Kentucky Drillers, which money
and property was owned by under the care, custody and control of the City, all in
Case: 7:17-cr-00003-KKC-EBA Doc #: 1 Filed: 02/23/17 Page: 4 of 5 - Page ID#: 4
A TRUE BILL
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CARL TON S. SHIER, IV I
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ACTING UNITED STATES ATTORNEY
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Case: 7:17-cr-00003-KKC-EBA Doc #: 1 Filed: 02/23/17 Page: 5 of 5 - Page ID#: 5
PENALTIES
COUNT 1: Not more than 10 years, $250,000 fine, and 3 years supervised release.