Man Pleads Guilty To $12K Theft By Posing As Agent
July 28, 2016 at 4:25 p.m.
By Craig Brosman-
Thomas Michael Barth, 25, Howe, pleaded guilty to two counts of theft, a Class D felony, following an April scheme to defraud two local businesses of more than $12,000 in merchandise. As per Barth’s plea agreement, he would plead guilty to the two counts of theft and the State of Indiana would not file more charges against Barth and Barth will be ordered to pay restitution for any charged and uncharged conduct in the matter.
Additionally, there would be no limitation on the court to impose a sentence in accordance with a Class D felony and the sentencing will run consecutively. The advisory sentence for a Class D felony is a year and a half.
Barth misrepresented himself as associated with Gilbert’s country western rock band, then supported his scheme by sending e-mail and text messages to Roberts Signs, Warsaw, and musician Kevin Kyle, Winona Lake, as if they were sent from Brantley Gilbert himself. More than $8,000 in personalized product and clothing were fraudulently ordered and received by Barth from Robert’s Signs from February to April.
Also, approximately $4,000 in musical and electronic equipment and a computer were ordered and sent by Kyle to Barth under the same scheme.
Much of the merchandise has been recovered. It did not appear that anyone else was part of the scheme to defraud the local victims.
At the time of his arrest on April 26 Gilbert and his band had recently played in Fort Wayne.
Over the months prior to Barth’s arrest Gilbert and his managers had numerous complaints about Barth and ordered him to stop misrepresenting himself as Gilbert and his association with the band based in Georgia.
Kosciusko County Superior Court I Judge Duane Huffer took the plea under advisement and ordered a pre-sentence investigation report.
Barth’s sentencing was scheduled for Dec. 3, at 8:30 a.m.[[In-content Ad]]
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Thomas Michael Barth, 25, Howe, pleaded guilty to two counts of theft, a Class D felony, following an April scheme to defraud two local businesses of more than $12,000 in merchandise. As per Barth’s plea agreement, he would plead guilty to the two counts of theft and the State of Indiana would not file more charges against Barth and Barth will be ordered to pay restitution for any charged and uncharged conduct in the matter.
Additionally, there would be no limitation on the court to impose a sentence in accordance with a Class D felony and the sentencing will run consecutively. The advisory sentence for a Class D felony is a year and a half.
Barth misrepresented himself as associated with Gilbert’s country western rock band, then supported his scheme by sending e-mail and text messages to Roberts Signs, Warsaw, and musician Kevin Kyle, Winona Lake, as if they were sent from Brantley Gilbert himself. More than $8,000 in personalized product and clothing were fraudulently ordered and received by Barth from Robert’s Signs from February to April.
Also, approximately $4,000 in musical and electronic equipment and a computer were ordered and sent by Kyle to Barth under the same scheme.
Much of the merchandise has been recovered. It did not appear that anyone else was part of the scheme to defraud the local victims.
At the time of his arrest on April 26 Gilbert and his band had recently played in Fort Wayne.
Over the months prior to Barth’s arrest Gilbert and his managers had numerous complaints about Barth and ordered him to stop misrepresenting himself as Gilbert and his association with the band based in Georgia.
Kosciusko County Superior Court I Judge Duane Huffer took the plea under advisement and ordered a pre-sentence investigation report.
Barth’s sentencing was scheduled for Dec. 3, at 8:30 a.m.[[In-content Ad]]
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