Former associate athletics director Ben Kirtland faces sentencing in ticket scheme

? The highest-ranking University of Kansas official caught in a ticket scalping conspiracy faces sentencing Thursday for his part in a $2 million scheme that investigators say created a “candy store”-like atmosphere for his subordinates.

Ben Kirtland, the former associate athletic director in charge of development, has asked the judge to sentence him to 57 months in prison, just short of five years, and order restitution of more than $1.2 million, a figure that would be owed jointly and individually by all the defendants.

Kirtland, 54, of Lenexa, was in charge of fundraising for the nonprofit group that promotes Jayhawk athletics until his resignation in April 2010 amid an investigation into the illicit sale of athletics tickets by employees who pocketed the money. He is the last of seven defendants to be sentenced in connection with the scheme.

On Wednesday, U.S. District Judge Wesley Brown issued a restraining order immediately barring Kirtland, his wife or anyone acting on their behalf from further attempting to dispose of any real estate or personal property. The restraining order came after the government filed a sealed request seeking it, the first time prosecutors have had to take that step against one of the defendants in this case.

As the last remaining defendant, Kirtland pleaded guilty in February without cutting a plea deal with the government. He is charged with a single count of conspiracy to defraud the United States through wire fraud, tax obstruction and interstate transportation of stolen property.

His attorney, Robin Fowler, told U.S. District Judge Wesley Brown in a court filing last week that the government in a subsequent sentencing deal with the defense has agreed to jointly recommend imprisonment of 57 months, the high end of sentencing guidelines.

As he waits to learn his fate, Kirtland asked the judge to consider the very public nature of the prosecution and its impact on him. He noted he has been convicted of a serious offense and has lost his job. In the filing, he told the court that his “reputation has been obliterated” and that he will owe restitution and forfeiture payments far beyond any money he received for his crime.

“Having said the above, Ben Kirtland understands that all of the harsh consequences described above are self-inflicted, and the fault of no one other than himself,” according to the document. “He has looked in the mirror and recognized that the blame in this situation is his alone.”

With all defendants pleading guilty, the details of their crimes will not be aired at a trial. But some of their actions are detailed in an internal report released by the university before the indictments were handed down and the university’s own investigation found that Kirtland’s “deceit and complicity” made it easier for others to operate in a similar fashion.

“Kirtland helped create in his subordinates an atmosphere similar to a worker in a candy store who regards the candy as a free commodity for employees,” according to the university report.

Fowler told the court that even before his client’s indictment in November, Kirtland paid $64,000 in restitution to Kansas Athletics Inc. and $14,056 to the Internal Revenue Service in an amended return. In his petition to enter a guilty plea, however, Kirtland admitted to selling more than $120,000 worth of tickets.

Just how much money Kansas actually lost during the course of the five-year conspiracy — and how much was each defendant’s take of the ill-gotten gain — has been the subject of contention throughout the case.

Kirtland said he would not object at his sentencing to the higher calculations prepared by the probation office in its presentence report. The government contends in that report that Kirtland’s share of the illegal proceeds was $315,000.

Brown handed down probationary sentences in March to Brandon Simmons, the school’s former athletic director of sales and marketing, and to Jason Jeffries, the former assistant director of ticket operations. Jeffries is believed to have stolen $56,000 worth of tickets, while Simmons share of the loot was $157,000, according to court documents. They cooperated early with investigators and were charged only with failing to tell authorities about the scheme.

Kirtland and four others were charged with conspiracy, a more serious crime carrying potential sentences of up to 20 years.

Charlette Blubaugh, the former associate director in charge of the school ticket office, was sentenced to 57 months in prison. Tom Blubaugh, a consultant, was sentenced to 46 months in prison. The government contends the Blubaughs pocketed $841,000 from unlawful ticket sales.

Kassie Liebsch, the former systems analyst at the ticket office, was sentenced to 37 months in prison after receiving $299,000 in illicit ticket sale money Former assistant athletics director Rodney Jones received a 46-month prison sentence. His personal take from the ticket scheme was believed to be $359,000.