United States v. Jesse Marks, Sentencing Memorandum of the United States (S.D.W. Va. 2:25-cr-00006, ECF 27)
Summary
The United States' Sentencing Memorandum, Document 27, filed 08/12/25 in United States v. Jesse Marks, Criminal No. 2:25-cr-00006, in the U.S. District Court for the Southern District of West Virginia. It states that, under a plea agreement, Marks pled guilty to a single-count Information charging Conspiracy to Commit Mail Fraud, a violation of 18 U.S.C. § 1349. The memorandum gives a best estimate of $3,448,571.86 in funds stolen from the Boone County Schools and says approximately 80% of the products that were paid for were never delivered. It states that a sentence within the guideline range of 27 to 33 months would be sufficient but not greater than necessary, and it is signed by Assistant United States Attorney Gabriel Price.
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“United States v. Jesse Marks, Sentencing Memorandum of the United States (S.D.W. Va. 2:25-cr-00006, ECF 27).”
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Case 2:25-cr-00006 Document 27 Filed 08/12/25 Page 1 of 6 PageID #: 113
IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON
UNITED STATES OF AMERICA
v. CRIMINAL NO. 2:25-cr-00006
JESSE MARKS
UNITED STATES’SENTENCING MEMORANDUM
Now comes the United States of America, by Gabriel Price,
Assistant United States Attorney for the Southern District of West
Virginia and submits this memorandum in aid of sentencing.
Pursuant to a plea agreement, defendant Jesse Marks pled
guilty to a single-count Information charging him with Conspiracy
to Commit Mail Fraud, a violation of 18 U.S.C. § 1349. The final
Presentence Investigation Report (PSR) was submitted to the
parties on August 5, 2025. The United States has no objections to
the final PSR and is not aware of any objections from the
defendant.
I. Nature and Circumstances of the Offense and the
History and Characteristics of the Offender
(A) Nature and Circumstances of the Offense
Jesse Marks, along with co-conspirator, Michael David Barker 1,
took advantage of the Boone County Schools during a nationwide
pandemic. During the Covid-19 pandemic, additional government
funds were being given to schools to ensure that the students and
1 Michael David Barker plead guilty to the same charge in case number 2:24-cr-
00194 and sentencing is scheduled for October 16, 2025.
Case 2:25-cr-00006 Document 27 Filed 08/12/25 Page 2 of 6 PageID #: 114
staff were able to attend in person learning in a safe and clean
environment. However, instead of those funds being used to make
sure the schools were a safe place, Mr. Marks and Mr. Barker used
this opportunity to enrich themselves at the expense of the Boone
County Schools.
Over the course of approximately three and a half years, Mr.
Marks and Mr. Barker received millions of dollars in payment from
the Boone County Schools for products that were never delivered.
Approximately 80% of the total products that Boone County Schools
paid Jesse Marks to supply were never delivered and never existed.
The best estimate of the total amount of funds stolen through this
scheme is $3,448,571.86. The exact amount of loss cannot be
calculated due to the limitations of the information kept by both
Mr. Marks and Mr. Barker. Specifically, Mr. Barker, as the
maintenance director of the school, did not keep any accurate
inventory count for the products that were actually delivered and
stored in the Boone County School’s warehouse. Mr. Marks as owner
and operator of his janitorial supply company also failed to keep
accurate records of what supplies were being delivered and what
was not. Due to Mr. Barker’s improper use of the inventory system
and Mr. Marks’ lack of record keeping, the best estimate of loss
is the amount admitted to by Mr. Marks, that is 80% of the total
amount billed. The figure of 80% of missing product is also
consistent with the statistical analysis based on the limited data
2
Case 2:25-cr-00006 Document 27 Filed 08/12/25 Page 3 of 6 PageID #: 115
that was able for review. For example, for the three highest volume
products of janitorial supplies, hand soap, facemasks, and trash
can liners, the amount billed versus the amount used or in stock
varies between approximately 15% to 25% actually delivered
products.
The large amount of money stolen from a school district is
serious and the purpose of the money, for use to make sure the
school was clean and safe during the Covid-19 pandemic, adds to
the egregious nature of the offense. Based on the nature and
circumstances of this offense a sentence within the guideline range
of 27 to 33 months would be appropriate.
II. The Need for the Sentence to Reflect the Seriousness of
the Offense, To Promote Respect for the Law, and To
Provide Just Punishment for the Offense
The offense committed by Mr. Marks was extremely serious and
the facts and surrounding circumstances of what was happening in
our country and our schools at the time cannot be overlooked.
Although Mr. Marks did cooperate with law enforcement, that
cooperation does not outweigh the magnitude of the amount of money
stolen or the fact that it was stolen from a local school district.
Therefore, a sentence within the guideline range would be
sufficient but not greater than necessary to comply with the
purposes of sentencing. Additionally, a sentence within guidelines
would provide just punishment for the offense that Mr. Marks
committed.
3
Case 2:25-cr-00006 Document 27 Filed 08/12/25 Page 4 of 6 PageID #: 116
III. Deterrence
A sentence within the guideline range will be sufficient to
deter Mr. Marks from any continued criminal conduct. Mr. Marks has
no criminal history and no longer operates his janitorial supply
company due to his current health issues. A sentence within the
guideline range will also deter others in the community from
similar criminal conduct. Schools have a need to use many suppliers
and contractors in order to operate. The sentence in this case
will help deter other suppliers and contractors from attempting
similar schemes that may involve the theft of funds from schools
and other public entities. A sentence within the guideline range
will act as a deterrent and show that dishonesty and theft by those
who deal with public entities will be treated as serious offenses.
Additionally, a sentence within the guideline range will also deter
others who think that they are able to take advantage of the
government providing relief during a national or local emergency.
This would include not only other people who contract with schools,
but hopefully anyone who is involved with providing goods and
services during times where there is an essential need for those
goods and services. A sentence within the guideline range would
help deter others from committing similar crimes.
4
Case 2:25-cr-00006 Document 27 Filed 08/12/25 Page 5 of 6 PageID #: 117
V. Conclusion
The United States submits that a sentence within the
guidelines range of 27 to 33 months would be sufficient but not
greater than necessary based on the factors listed in 18 U.S.C. §
3553(a).
The United States does not intend to call any witnesses at
sentencing and believes the sentencing hearing can be conducted in
thirty minutes.
Respectfully submitted,
LISA G. JOHNSTON
Acting United States Attorney
By: s/ Gabriel Price____________
GABRIEL PRICE
Assistant United States Attorney
WV State Bar No. 14671
300 Virginia Street, East
Room 4000
Charleston, WV 25301
Phone: 304-345-2200
Fax: 304-347-5104
E-mail: gabe.price@usdoj.gov
5
Case 2:25-cr-00006 Document 27 Filed 08/12/25 Page 6 of 6 PageID #: 118
CERTIFICATE OF SERVICE
It is hereby certified that the foregoing "UNITED STATES’
SENTENCING MEMORANDUM" has been electronically filed and service
has been made on opposing counsel by virtue of such electronic
filing on this 12th day of August 2025, to:
Abraham Saad
320 9th Street, Suite B
Huntington, WV 25701
Telephone: (304) 552-4149
E-mail: abe@gsalaw-wv.com
s/ Gabriel Price____________
GABRIEL PRICE
Assistant United States Attorney
WV State Bar No. 14671
300 Virginia Street, East
Room 4000
Charleston, WV 25301
Phone: 304-345-2200
Fax: 304-347-5104
E-mail: gabe.price@usdoj.gov
6
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