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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)

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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Cite this document

“United States v. Lana Barker, Sentencing Memorandum of the United States (S.D.W. Va. 2:25-cr-00005, ECF 25).” Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/united-states-v-lana-barker-sentencing-memorandum-of-the-united-states-6e8aedce45/, SHA-256 34642ac6194580c514d00153498676c1d251db988357127dbd8576e942db82b9.

Full text

               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.
                                      2
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.




                                     3
        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




                                         4
                     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




                                5


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