7th UPDATE: State Auditor Troy Kelley indicted, pleads not guilty as calls for his resignation start with governor

  • By Gene Johnson and Derrick Nunnally The Associated Press
  • Thursday, April 16, 2015 7:10pm
  • News
Troy Kelley ()

Troy Kelley ()

By Gene Johnson and Derrick Nunnally

The Associated Press

TACOMA — State Auditor Troy Kelley, the elected official charged with rooting out government fraud and waste, pleaded not guilty Thursday after a federal grand jury indictment charged him with filing false tax returns, attempted obstruction of a civil lawsuit and possession of more than $1 million in stolen property related to his former business.

The 41-page indictment, unsealed earlier in the day, alleged various misdeeds by Kelley in connection with mortgage title services companies he previously ran. Federal prosecutors said he kept more than $1 million that should have been refunded to customers and that he unlawfully avoided paying taxes by claiming personal or campaign expenses were business-related.

“Mr. Kelley spun a web of lies in an effort to avoid paying his taxes and keep more than a million dollars that he knew did not belong to him, but instead should have been returned to thousands of homeowners across this state,” acting U.S. Attorney Annette L. Hayes said.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

Kelley was flanked by his attorneys as he appeared Thursday afternoon for his arraignment at U.S. District Court in Tacoma. He pleaded not guilty to 10 felony counts and a magistrate judge set trial for June 8.

The most serious charge carries up to 20 years in prison. A felony conviction would automatically force him from office, and some lawmakers spoke about the possibility of impeaching him in light of the charges alone.

In a statement, Kelley said he was disappointed by the indictment and that he would take a temporary leave of absence beginning May 1, but that he was “determined to fight back.”

“For the past few years, I have been the subject of an intense investigation by the federal government about my private business practices going back more than 10 years,” he said. “I am very confident that I will be able to prove my innocence.”

Gov. Jay Inslee called on Kelley to resign, as did Attorney General Bob Ferguson.

“This indictment today makes it clear to me that Troy Kelley cannot continue as state auditor,” Inslee said in a statement.

At his court appearance, Kelley appeared calm and said “Yes, your honor,” in a clear voice when U.S. Magistrate Judge J. Richard Creatura asked if he understood the charges.

With no objection from prosecutors, Creatura allowed Kelley to go free on bond. He cannot travel outside Washington without notifying federal authorities.

At a news conference after his court hearing Kelley read aloud the statement he had distributed before and took no questions.

“I did not break the law,” he said.

He then left while his criminal attorney, Mark N. Bartlett, a former top federal prosecutor in Seattle, spoke about the allegations. Bartlett and Kelley’s tax attorney, Robert N. McCallum, said the indictment charged Kelley with ducking taxes he was in the process of paying.

“This is a prosecution that is flawed both in execution and in conception,” Bartlett said.

Speculation has been swirling around Kelley, a Democrat elected in 2012, since last month, when federal agents searched his home and subpoenaed the auditor’s office for records concerning a longtime business associate who subsequently went to work for him at the state agency.

Days after the search, Kelley wrote a $447,000 check to the U.S. Treasury Department, noting in the subject line that it would cover future tax debts, the indictment said.

Kelley’s company, Post Closing Department, worked with escrow and mortgage title companies to track real estate transactions. According to the indictment, it was supposed to collect up to $150 in advance as a fee for each transaction; keep $15 to $20 for its services; pay any government fees required; and then refund whatever portion remained. Instead, Kelley kept the money, the indictment said — an amount that totaled at least $3 million from 2006 to 2008.

“Contrary to his representations, Troy X. Kelley did not refund unused portions of reconveyance fees to borrowers, but instead fraudulently retained, stole, and converted them to his own use,” the indictment said.

One of the escrow companies Kelley worked with, Old Republic Title, sued him in 2009. He eventually paid more than $1 million to settle the case.

Attempted obstruction of a civil lawsuit carries a maximum sentence of up to 20 years. Possession and concealment of stolen property carries up to 10 years. Kelley is also charged with corrupt interference with internal revenue laws.

The government is also seeking an order that Kelley forfeit nearly $1.5 million.

___

Johnson reported from Seattle. Rachel La Corte contributed from Olympia.

More in News

Heath Wade, 5, leads the goat parade to open the 37th annual Port Townsend Farmers Market on Saturday in the uptown neighborhood. Behind are goat wranglers Lindsey Kotzebue and Amber Langley of Port Townsend. (Steve Mullensky/for Peninsula Daily News)
Market opens

Heath Wade, 5, leads the goat parade to open the 37th annual… Continue reading

Kelly Kidwell, a local business owner and property developer, is purchasing Rite Bros. with the intention of building a long-term sustainable business that will expand aviation access in the area. Citizen Air, based at William R. Fairchild International Airport, will offer charter flights and fractional aircraft ownership. The possibility of scheduled flights could be in the distant future. Kidwell is shown with his Poodle-Bernese mountain dog, Porter. (Paula Hunt/Peninsula Daily News)
Citizen Air aims to expand access

New Rite Bros. owner planning for growth

Health officer: Disease numbers low, but cuts affecting programs

Additional measles case located in Washington state

Customers check out at The Pine and Eight, a local goods-only grocery store co-owned by SisterLand Farms and Northwest Beach Work. This store, which recently opened at 511 W. Eighth St. in Port Angeles, is an experiment testing out the viability of a farmer- and artisan-owned store selling Washington-only products. (Eli Smith)
Farmer-focused grocery store opens in Port Angeles

Business prioritizing local products, relationships

Garage destroyed in Lower Elwha structure fire

A weekend structure fire resulted in the total loss… Continue reading

Ground-breaking ceremony for new school set Saturday

The Port Angeles School District will break ground for… Continue reading

A portion of the crowd at the Hands Off rally, which started at the intersection of Laurel and First Street. An estimated 800 to 1,000 people attended in Port Angeles. (Dave Logan/For Peninsula Daily News)
Hands Off! protests on Peninsula

A portion of the crowd at the Hands Off rally, which started… Continue reading

Kathy Cruz/Olympic Peninsula News Group
Susan Fisch, standing, chair of the Clallam County Charter Review Commission, addresses a crowd of residents who packed the meeting room at KSQM FM (91.5) last month for the first of several town hall events. Speakers were allowed up to three minutes to share their views about issues related to the charter that they consider most important.
Charter meeting draws crowd

Open house set tonight in Joyce

Weekly flight operations scheduled

There will be field carrier landing practice operations for aircraft… Continue reading

Margo Karler of Port Townsend looks up at the plaster covers protecting a tusk that was found by hikers on the beach near the Point Wilson lighthouse in March. (Steve Mullensky/for Peninsula Daily News)
Fossil found in sandstone bluff at Fort Worden

State Parks, Burke museum developing plan for preservation