The Herald News

Posted April 12, 2012 at 1:14 pm

Cattlemen who received cold checks on Nov. 2, 2010 from the Edmonton Livestock Market have cause to celebrate. All four defendants in the Eastern Livestock case pled guilty in Metcalfe Circuit Court on March 27 and have promised full restitution. The total loss to victims named in the indictment was $842,457.05.

Eastern Livestock, LLC accountant Darren Brangers pled guilty to charges that he knowingly collaborated with five or more persons between June 1, 2009 until approximately Nov. 10, 2012 to obtain property by means of deception. Eastern Livestock held accounts at Fifth Third Bank for the purpose of buying and selling cattle in Kentucky. The account balances were falsely inflated by Brangers and his collaborators resulting in 172 cattlemen receiving cold checks.

Investigators determined that Brangers had a somewhat lesser role in these events and because he is funding a substantial portion of the restitution his original charges were amended.

Brangers pled to amended charges of facilitation to criminal syndication (1-5 years and a fine per KRS Chapter 534); facilitation to theft by deception over $10,000 (17 counts) (up to 12 months and/or $500 fine); 143 counts of facilitation to theft by deception over $500 (up to 12 months and/or $500 fine.) Brangers was given a sentence of 10 years.

The Commonwealth recommended pretrial diversion of the felony count (5 years) upon the conditions that payment of restitution of at least $100,000 to the Kentucky Attorney General for distribution to victims before final sentencing on June 12 and payment of an additional $210,000 to victims within 12 months.

Grant Gibson, son of Eastern Livestock owner and CEO Thomas Gibson, pled guilty to the same amended charges and a pretrial diversion will be recommended upon conditions that Gibson pay $680,000 in restitution for distribution to victims in three payments, ($250,000 in two months and $250,000 in eight months) due in eight months from plea and a final $180,000 due in 12 months from plea. He is scheduled for final sentencing on June 12.

Chief Financial Officer Stephen McDonald, who waived his right to remain silent and offered substantial cooperation with investigators and prosecutors, pled guilty to charges of criminal syndication: organized crime (10-20 years, fine of $1,000 to $10,000 or double the gain); complicity to theft by deception over $10,000 (17 counts); (5-10 years, fine per KRS 534); complicity to theft by deception over $1,000 (144 counts) 1-5 years, fine per KRS 534); and 11 counts of complicity to theft by deception under $500 (up to 12 months and/or up to $500 fine). The Commonwealth recommended a fine of $210,000, probated. Final sentencing is scheduled for June 12. McDonald is still facing charges in federal court.

Eastern Livestock owner and CEO Tommy Gibson also waived his right to remain silent and cooperated with investigators and prosecutors. He pled guilty to the same charges as McDonald and received the same sentence. He is scheduled for final sentencing June 26, He still faces charges in federal court.