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 INFORMATION 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. KOLKMEYERs 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.

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

10. following:

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

a.

KOLKMEYER made checks payable from the Wellington Napoleon Fire Protection Districts bank account with Napoleon Bank to himself and others for KOLKMEYERs 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. following: a. KOLKMEYER made checks payable from the Wellington Napoleon, Missouri Special Road Districts bank account with B & L Bank to himself and others for KOLKMEYERs benefit without the knowledge, authorization or consent of the Wellington Napoleon, Missouri Special Road District. b. KOLKMEYER fraudulently transferred without the knowledge, As part of the scheme and artifice to defraud that KOLKMEYER did the

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) (2) (3) (4) (5) cannot be located upon the exercise of due diligence; has been transferred or sold to, or deposited with a third person; has been placed beyond the jurisdiction of the Court; has been substantially diminished in value; or 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

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