United States v. Lana Barker, Sentencing Memorandum of the United States (S.D.W. Va. 2:25-cr-00005, ECF 25)
Summary
The United States' Sentencing Memorandum in United States v. Lana Barker, Criminal No. 2:25-cr-00005, in the U.S. District Court for the Southern District of West Virginia, submitted by Assistant United States Attorney Gabriel Price. It states that, under a plea agreement, Barker pled guilty to a single-count Information charging Structuring Financial Transactions to Evade Reporting Requirements, a violation of 31 U.S.C. § 5324(a)(3). The memorandum says the cash deposits just under $10,000 added up to $97,215 and were combined with other funds, including a $50,000 cashier's check, to buy a neighboring residence. It states that a sentence within the guidelines range of 0 to 6 months would be appropriate, and its certificate of service is dated the 25th day of June 2025.
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“United States v. Lana Barker, Sentencing Memorandum of the United States (S.D.W. Va. 2:25-cr-00005, ECF 25).”
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IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON
UNITED STATES OF AMERICA
v. CRIMINAL NO. 2:25-cr-00005
LANA BARKER
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 Lana Barker pled
guilty to a single-count Information charging her with Structuring
Financial Transactions to Evade Reporting Requirements, a
violation of 31 U.S.C. § 5324(a)(3). The final Presentence
Investigation Report (PSR) was submitted to the parties on June
18, 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
During an investigation into a fraudulent scheme to overbill
the Boone County Schools of approximately $3,400,000,
investigators learned that there were suspicious transactions
involving Mrs. Barker and her husband1. The transactions involved
1 Mrs. Barker’s husband has pled guilty to the same offense in case number 2:25-
cr-00004 with sentencing currently scheduled for July 3, 2025.
multiple deposits of amounts just below $10,000. The total amount
of cash deposits made, just under the $10,000 amount, added up to
$97,215. Investigators also discovered that the cash deposits were
combined with other funds, including a $50,000 cashier’s check
that was provided by their son.2 The funds were then used to
purchase a neighboring residence for Mrs. Barker’s grandson. When
confronted by investigators about the cash deposits Mrs. Barker
and her husband admitted that they made those deposits in amounts
under $10,000 in order to evade the reporting requirements.
Mrs. Barker lives close to her son’s home. Additionally, she
worked at the Boone County Schools while her son worked there.
During the time leading up to the purchase of the home, Mrs.
Barker’s son made significant purchases for his property,
including building a large three-bay garage, a large amount of
paving, a large deck. Her son also made large purchases of several
pieces of heavy equipment and new expensive vehicles. The fact
that Mrs. Barker would have observed the extravagant purchases
that were clearly above the means of her son’s employment and then
made the decision to combine her funds with a large amount of funds
from her son suggest that she either knew that her son was getting
large amounts of money illegally or that she simply decided to
remain willfully ignorant of those facts. When viewed in the
2 The son has pled guilty to conspiracy to commit mail fraud in case number
2:24-cr-00194. Sentencing for that case is currently scheduled for October 16,
2025.
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context of the surrounding circumstances, the nature and
circumstances of the offense show that Mrs. Barker’s conduct in
this case was more than just evading reporting requirements it was
agreeing to involve herself in a transaction that included funds
that were clearly illegitimate.
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
Given the nature of Mrs. Barker’s conduct and surrounding
circumstances, a sentence within the guideline range would be
sufficient but not greater than necessary to comply with the
purposes of sentencing.
III. Deterrence
A sentence within the guideline range will be sufficient to
deter Mrs. Barker from any continued criminal conduct. A sentence
within the guideline range will also deter others in the community
from similar criminal conduct. Although the guideline range in
this case may be low, a sentence within that range will still have
an important impact on others in the local community. The
conviction and sentence in this case will send a message to the
community to avoid involving oneself in dealings with someone who
clearly appears to be involved in nefarious activity based on
obvious signs that a reasonable person could observe.
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V. Conclusion
The United States submits that a sentence within the
guidelines range of 0 to 6 months would be appropriate in this
case.
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
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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 25th day of June 2025, to:
Tim C. Carrico, Esq.
1554 Kanawha Blvd. East, Suite 100
Charleston, WV 25311
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
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