Former Oklahoma restaurateur Brent Swadley received a six-year suspended sentence Thursday and was ordered to pay more than $1.2 million in restitution after his conviction in a state tourism contract fraud case.
In a hearing on Thursday, Oklahoma County District Judge Cindy Truong handed down the multi-year suspended sentence. Swadley has also been ordered to pay $1,203,143.34 in restitution to the state.
Key Takeaways
- Former Oklahoma restaurateur Brent Swadley received a six-year suspended sentence and was ordered to pay $1,203,143.34 in restitution.
- Oklahoma County District Judge Cindy Truong imposed the sentence after Swadley’s conviction in a state park restaurant contract fraud case.
- Prosecutors sought 10 years in prison and $3.1 million in restitution, and the jury recommended a 10-year sentence.
- Oklahoma Attorney General Gentner Drummond criticized the sentence and called for Truong to resign.
During sentencing, which began on Wednesday, defense attorneys called character witnesses who testified about Swadley’s charitable donations and volunteer work.. They urged the judge to show leniency.
Why was Brent Swadley convicted?
Swadley was convicted in May for defrauding the Oklahoma Tourism and Recreation Department through his Foggy Bottom Kitchen restaurants at state parks.
Prosecutors accused him of creating fake invoices and over-billing the state for millions of dollars.
What did prosecutors originally ask for?
Prosecutors originally asked for:
- a 10-year prison sentence
- $3.1 million in restitution to the state.
The jury also recommended a 10-year sentence following Swadley’s conviction.
State Deputy Auditor Melissa Capps testified that her team reviewed hundreds of invoices and identified more than $3 million in charges she said had been marked-up.
However, Swadley’s defense challenged the state’s calculations, arguing unpaid invoices should be considered when determining the amount owed.
Oklahoma Attorney General disappointed in Swadley sentence
Oklahoma Attorney General Gentner Drummond called for Judge Truong to resign.
“Judge Truong has invited fraudsters like Brent Swadley to injure Oklahoma with impunity. She should resign. The State proved our case in court, and we believe the verdict the jury returned was a just sentence. We asked that it be imposed, and the judge chose not to follow the jury’s recommendation. When a judge ignores years-long investigations by multiple state agencies and a jury of Oklahoma citizens who thoroughly reviewed all of the evidence, public confidence in the justice system is undermined.”
—Statement from Drummond’s office.
Reaction from Brent Swadley’s defense
Swadley’s defense team released this statement after the sentencing: “We thank the Court for its fair consideration of the evidence and that justice was served today.”
FAQ
How much was Brent Swadley sentenced to pay?
Judge Cindy Truong ordered Swadley to pay $1,203,143.34 in restitution to the state at his sentencing on Thursday.
Will Brent Swadley spend time in prison?
Swadley received a suspended six-year sentence for his crime, which means he will not go to prison. He does have to follow the rules set forth by the court and comply with probation terms.
What’s next for Brent Swadley?
Two days before the sentencing hearing, Swadley filed a lawsuit against State Auditor Cindy Byrd, alleging her office violated the Oklahoma Open Records Act by withholding records tied to a forensic audit of his company’s contract with the state Department of Tourism.
Who else was involved in the case?
Curtis Breuklander and Timothy Hooper, who are two former executives that are tied to Swadley’s Foggy Bottom Kitchen, pleaded guilty. Both negotiated plea agreements before Swadley’s trial.
Breuklander was a key witness for the state and testified during Swadley’s trial.
What has Swadley said about the accusations?
Swadley has denied all allegations and maintains his company did not intentionally overcharge the state.