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Archive for Monday, May 9, 2011

Former associate athletics director Ben Kirtland seeks 57 months in prison

May 9, 2011

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Former Kansas University athletic department's head of fundraising, Ben Kirtland, arrives at the U.S. Federal Courthouse, in Wichita, Kan., on Wednesday, Dec. 8, 2010.

Former Kansas University athletic department's head of fundraising, Ben Kirtland, arrives at the U.S. Federal Courthouse, in Wichita, Kan., on Wednesday, Dec. 8, 2010.

Ben Kirtland wants to be sentenced to 57 months in prison, asks to be held responsible for paying $1.2 million in restitution to his former employer, and supports being ordered to pay another $85,090 to the IRS for unpaid taxes on ill-gotten gains from a ticket-stealing-and-selling conspiracy conducted from within Kansas Athletics Inc.

Later this week, he’ll find out if U.S. District Judge Wesley Brown agrees.

Kirtland, former associate athletics director for development, is asking Brown to impose the penalties outlined in a presentence report, a report that Kirtland and his attorney, Robin Fowler, have noted that prosecutors also have agreed to support.

Kirtland's sentencing is set for 10 a.m. Thursday in Wichita.

“Ben Kirtland understands that all of the harsh consequences described above are self-inflicted, and the fault of no one other than himself,” Fowler wrote in a sentencing memo. “He has looked in the mirror and recognized that the blame in this situation is his alone.”

Kirtland’s request comes even as he disagrees with the amount of money — $315,000 — authorities say he’d received from the scheme, a scheme that an investigation conducted for Kansas University determined had run from 2005 to 2010 and had involved more than 17,000 tickets for men’s basketball games and more than 2,000 tickets for football games.

“Mr. Kirtland concluded that the exact amount of money he received from selling these tickets, and the amount of restitution that he would be forced to pay, was less important than the fact that he broke the law,” Fowler wrote.

Kirtland already has repaid Kansas Athletics $64,500, the amount he maintains to have personally received from the illegal ticket sales. Last year, before he was indicted on a federal felony charge of conspiracy to commit wire fraud, Kirtland entered into a voluntary civil agreement to repay the department $63,000; department officials have confirmed receiving a check from Kirtland for $64,500, or $1,500 more than had been owed under the agreement.

Kirtland also filed amended tax returns and paid $14,056 to the IRS, Fowler wrote.

A sentence of 57 months would equal the prison term imposed upon Charlette Blubaugh, former associate athletics director for ticket operations. She received the most prison time among the other six co-conspirators and others involved in the scheme, and was listed Monday as “in transit” to her prison destination by the U.S. Bureau of Prisons.

Kirtland acknowledges that he will be the highest-ranking department official to be sentenced in connection with the scheme, and that he should have “set a standard that the (illegal) sale of tickets would not be permitted,” Fowler wrote.

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Comments

scott3460 2 years, 11 months ago

He's a smoker, give him double!!

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ferrislives 2 years, 11 months ago

I "seek" a 10% raise. We'll see which of us gets what we "seek" first.

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none2 2 years, 11 months ago

The wording just seems weird. Does he get to tell the judge what he should be sentenced to? It almost sounds like haggling with the judge: "If you only give me 57, I'll press the judge's robes until he retires. I will also be a model prisoner -- sending flowers to Big Bubba and working in the kitchen to cook up gourmet meals to the other prisoners so that they too will be model prisoners."

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Flap Doodle 2 years, 11 months ago

Cut him some slack if he rolls over on Lew.

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The_Original_Bob 2 years, 11 months ago

There is smoke coming out of his head.

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smitty 2 years, 11 months ago

Major piece of information missing...what is the range of time from top to bottom possible for the charges that he plead? That the 57 months is waaaaay on the low side of possibilities.

Like four co-conspirators who pleaded guilty before him, Kirtland faces up to 20 years in prison, a $250,000 fine and a monetary judgment that would require him to share responsibility for forfeiting up to $2 million in ill-gotten gains.

Less that 10 years makes him, as all of his associates, eligible for camp in lieu of higher security detention.

Is Liebsch's car the only forfeiture? The original article states up to 2 million in forfeitures.

Holy plea bargain, Judge Brown. Did anyone get the defense attorney's name?

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just_another_bozo_on_this_bus 2 years, 11 months ago

Thanks, Ben, but our prisons are very exclusive. While we appreciate your interest in "seeking" a 57-month appointment therein, we'll review your application along with the many others we have, and get back with you. -- Don't call us, we'll call you.

But send along a check any time you have one that will clear. (I bet you hear that from your lawyer all the time.)

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