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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)

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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Cite this document

“United States v. Jesse Marks, Sentencing Memorandum of the United States (S.D.W. Va. 2:25-cr-00006, ECF 27).” Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/united-states-v-jesse-marks-sentencing-memorandum-of-the-united-states-18127b2473/, SHA-256 92314c474d7a7f97771890e5a8b746ad2330556ac031ad687d9b6b8d7725a555.

Full text

 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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