IN THE SUPREME COURT OF THE STATE OF OKLAHOMA. IN RE:MULTICOUNTY GRAND JURY ) Supreme Court Case No. SCAD ) District Court Case No.

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1 IN THE SUPREME COURT OF THE STATE OF OKLAHOMA IN RE:MULTICOUNTY GRAND JURY ) Supreme Court Case No. SCAD ) District Court Case No. GJ ORDER DETERMINING VENUE AND REQUIRING TRANSMITTAL OF INDICTMENT TO COUNTY OF VENUE NOW on this 16th day of July, 2015, the Court having been presented by its foreman in Open Court an indictment for CONSPIRACY returned by the Oklahoma Multicounty Grand Jury, the Court finds and ORDERS as follows: 1. Said indictment having been examined by this Court, pursuant to the provisions of Title 22 O.S. Section 358, finds and Orders that venue and jurisdiction shall be in ROGERS COUNTY, STATE OF OKLAHOMA. 2. That said indictment shall not be sealed but shall promptly be transmitted by the Attorney General or one of his Assistant Attorneys General to the District Court Clerk of Rogers County, who, thereafter-, upon receipt shall notify the assigned trial judge of Rogers County of the filing of the same. 3. That the assigned trial judge of Rogers County shall then proceed according to the provisions of Title 22 O.S. Section 386. IT IS SO ORDERED. DONALD Ll DE ASON^PRESIDING JUDGE OF THEfiVHSmCTLUNTY GRAND JURY

2 STATE OF OKLAHOMA, IN THE SUPREME COURT OF THE STATE OF OKLAHOMA Plaintiff, vs. MICHAEL EARL HELM, a.ka., Mike Helm, DOB 10/11/1960 SSm LKA: E. Winding Creek Dr., Collinsville, OK Case No. Punishment'. 21 O.S. 2001, 424 Not more than ten (10) years imprisonment and/or a fine not to exceed ($25,000.00). and, K1R1 LANNON THACKER, a.ka., Kirt Thacker, DOB 06/19/1969 LKA: S th Road, Inola, OK Defendants. INDICTMENT FOR: CONSPIRACY TO DEFRAUD ROGERS COUNTY, 21 O.S.2001, 424 IN THE NAME AND BY THE A UTHORITY OF THE STATE OF OKLAHOMA: By the order of the Supreme Court of Oklahoma, the Fifteenth Multicounty Grand Jury was convened with its principal site to be in Oklahoma City, Oklahoma County, Oklahoma, to serve from. January 21,2015 until July 21,2016, or until the designated presiding judge determines the Fifteenth Multicounty Grand Jury has reached reasonable completion of its investigations, but in any event, no more than twenty-four (24) months from the commencement of its term. That the said Multicounty Grand Jury of the State of Oklahoma, being composed of good and lawful men and woman, legally drawn and summons according to law and then and there examined, impaneled,

3 sworn and charged according to law to diligently inquire into and true presentment make of all public offenses against the State of Oklahoma committed and triable within the State of Oklahoma, upon their oath and in the name and by the authority of the State of Oklahoma, do present and find that: COUNT 1: CONSPIRACY TO DEFRAUD ROGERS COUNTY, 21 O.S.2001, 424 During a time period commencing on or aboutthe 1 st day of July,-2009, A.D., through an unknown date but including the 21 st day of December, 2009, A.D., the crime of Conspiracy to. Defraud was committed against Rogers County, in Rogers County, Oklahoma, by the defendants, MICHAEL EARL HELM, a.ka., MIKE HELM, and KIRT LANNON THACKER, a.ka. KIRT THACKER and other persons. That is to state that on the first date stated above and thereafter during the entirety of the Conspiracy, and within the aforesaid County and State, the- Defendant MICHAEL EARL HELM, a.ka., MIKE HELM, was County Commissioner for District 2, Rogers County, Oklahoma, and Defendant K3RT LANNON THACKER, a.k. a. KIRT THACKER was County Commissioner for District 3, Rogers County, Oklahoma, and together constituted 2/3 of the three officer membership of the Board of County Commissioners for Rogers County, Oklahoma, which at all times was the sole contracting authority for Rogers County, Oklahoma, for all public construction contracts between said county and private contractors. That is to also state that prior to and during the entirety of this Conspiracy, all public construction contracts exceeding Two Thousand, Five Hundred Dollars ($2,500.00) were required by the Public Competitive Bidding Act" ofl974tobe let by written contract after the solicitation and consideration of written bids received from qualified contractors and awarded to the lowest and best bidder, and letting such public contracts in this manner was a lawful function of county government that is intended to obtain all public improvements to any real property owned by the county in whole or part ' -2-

4 at the lowest and best price. That the obj ect and purpose of the Conspiracy was to evade and ignore the public bidding requirements of Oklahoma law by selecting a private contractor to perform the public improvement of painting road markings upon resurfaced roads and highways owned and maintained by the county without soliciting bids for such work fromall responsible contractors for the purpose of receiving bids from them for such work and by orally unlawfully awarding such work to such contractor without the contract for such work being reduced to writing and approved % the Board of County Commissioners-for Rogers County meeting in a public meeting. That at all times during the entirety of this Conspiracy, the County of Rogers County owned apainting truck properly equipped for painting road markings upon the resurfaced roads and highways of the county that was available for use upon the roads of all three County Commissioner Districts and operated by regular county employees, but the Defendants chose not to use said paint truck and public employees for such work. That previous to and at all times during the Conspiracy and within said County and State, the Board of County Commissioners had not sought, received, nor considered written bids from qualified contractors for providing road striping services to the county, nor had the Board of County Commissioners awarded any contracts for performing such public improvements for the County of Rogers County, Oklahoma, applicable to the period of the Conspiracy. That is to also state that on the first date stated above and thereafter during the entirety of the Conspiracy, and within the aforesaid County and State, the aforesaid Defendants, one with the other and together with other persons, did willfully, intentionally, fraudulently and feloniously, conspire and agree to impair, obstruct, or defeat the lawful function and duty of the Board of County Commissioners for Rogers County to award public construction contracts in the manner aforesaid by evading and ignoring the public bidding requirements of Oklahoma law by selecting a certain private contractor, io-wit: Time

5 Striping, Inc. of V an Buren, Arkansas, to perform the public improvement of painting road markings upon resurfaced roads and highways owned and maintained by the county without offering such work to all responsible contractors for the purpose of receiving bids for such work and by individually and orally unlawfully awarding such work to said contractor without the contract for such workbeing reduced to writing and approved by the Board of County Commissioners for'rogers County meeting in a public meeting, and pursuant to said unlawful agreement, the following overt acts were committed in furtherance of the Conspiracy: 1. On or about July 2, 2009, Defendant Helm directed his' clerk to prepare a Requisition- Purchase Order-Claim form naming Time Striping, Inc. as contractor for the public improvement of placing certain road markings on certain Rogers County roads.named thereon for the amount of Nine Thousand, EightHundred Thirty-two Dollars ($9,832.00), and after signingthe same, did direct the said Requisition-Purchase Order-Claim form to be forwarded to the Office of Rogers County Clerk, where the same was received and filed by personnel of that public office and numbered On or about July 2, 2009, Defendant Helm directed his clerk to prepare a Receiving Report form showing the completion of the public improvement set forth in the aforesaid Requisition-Purchase Order-Claim form numbered in the amount of Nine Thousand, Eight Hundred Thirty-two Dollars ($9,832.00), which was also forwarded to the Office of Rogers County Clerk for filing and attachment to said purchase order form.. 3. On an unknown date including July 2,2009 or later, an invoice from. Time Striping, Inc. dated July 13,2009, and claiming Nine Thousand, Eight Hundred Thirty-two Dollars ($9,832.00) was received by Defendant Helm's clerk and the same was forwarded to the Office of County Clerk

6 for Rogers County for filing and attachment to Requisition-Purchase Order-Claim form numbered On or about July 6,2009, Defendant Thacker directed his clerk to prepare a Requisition- Purchase Order-Claim form naming Time Striping, Inc. as contractor for the public improvement of placing certain road markings on certain Rogers County roads named thereon for the amount of Nine Thousand, Nine Hundred Seventy-nine Dollars ($9,979.00), and after signing the same on or about July 16,2009, did direct the said Requisition-Purchase Order-Claim form to be forwarded to the Office of Rogers County Clerk, where the same was received and filed by personnel of that public office and numbered On or about July 10,2009, Defendant Thacker's clerk was directed to prepare a Receiving Report form showing the completion of the public improvement set forth in the aforesaid Requisition-Purchase Order-Claim form numbered in the amount of Nine Thousand, Nine Hundred Seventy-nine Dollars ($9,979.00), which was also forwarded to the Office of Rogers County Clerk for filing and attachment to said purchase order form. 6. On or about July 13, 2009, an invoice from Time Striping, Inc. dated July 13,2009, and claiming Nine Thousand, Nine Hundred Seventy-nine Dollars ($9,979.00) was received by Defendant Thacker's clerk and the same was forwarded to the Office of County Clerk for Rogers County for filing and attachment to Requisition-Purchase Order-Claim form numbered On or about July 20, 2009, Requisition-Purchase Order-Claim form numbered was included with other Requisition-Purchase Order-Claim forms for consideration for payment by the Board of County Commissioners for Rogers County and the same was approved for payment by Defendants Helm and'thacker in the amount of Nine Thousand, Eight Hundred Thirty-two Dollars

7 ($9,832.00). 8. On or about July 27, 2009, RequisitiomPurchase Order-Claim form numbered was included with other Requisition-Purchase Order-Claim forms for consideration for payment by the Board of County Commi ssioners for Rogers County and the same was approved for payment by Defendants Helm and Thacker in the. amount of Nine Thousand, Nine Hundred Seventy-nine Dollars ($9,979.00).. 9. On or about August 13,2009, Defendant Helm directed his clerk to prepare a Requisition- Purchase Order-Claim form naming Time Striping, inc. as contractor for the public improvement of placing certain road markings on certain Rogers County roads named thereon for the amount of Nine Thousand, Five Hundred Seventy-five Dollars ($9,575.00), and after signing the same, did direct the said Requisition-Purchase Order-Claim form to be forwarded to the Office of Rogers County Clerk, where the same was received and filed by personnel of that public office and numbered On or about August 13,2009, Defendant Helm directed his clerk to prepare areceiving Report form showing the completion of the public improvement set Torth in the aforesaid Requisition-Purchase Order-Claim form numbered in the amount ofnine Thousand, Five Hundred Seventy-five Dollars ($9,575.00), which was also forwarded to the Office of Rogers County Clerk for filing and attachment to said purchase order form. 11. On or about August 13, 2009, an invoice from Time Striping, Inc. dated.'august 13, 2009, and claiming Nine Thousand, Five Hundred Seventy-five Dollars ($9,575.00) was received by Defendant Helm's clerk and the same was forwarded to the Office of County Clerk for Rogers County for filing and attachment to Requisition-Purchase Order-Claim form numbered

8 12. On or about August24,2009, Requisition-Purchase Order-Claim form numbered 001,357 was included with other Requisition-Purchase Order-Claim forms for consideration for payment by the Board of County Commissioners for Rogers County and the same was approved for payment by Defendants Helm and Thacker in the amount of Nine Thousand, Five Hundred Seventy-five Dollars ($9,575.00). 13. On or about September 2, 2009, Defendant Helm directed his clerk to prepare a Requisition-Purchase Order-Claim form naming Time Striping, Inc. as contractor for the public. improvement of placing certain road markings on certain Rogers County roads named thereon for the amount of Nine Thousand, Four Hundred Dollars ($9,400.00), and after signing the same, did direct the said Requisition-Purchase Order-Claim form to be forwarded to the Office of Rogers ' County Clerk, where the same was received and filed by personnel of that public office and numbered ". 14- On or about September 2, 2009, Defendant Helm directed his clerk to prepare a Receiving Report form showing the completion of the public improvement set forth in the aforesaid Requisition-Purchase Order-Claim form numbered in the amount of Nine Thousand, Four Hundred Dollars ($9,400.00), which was also forwarded to the Office of Rogers County Clerk for filing and attachment to said purchase order form. 15. On or about September 2,2009, an invoice from Time Striping, Inc. dated September, 2, 2009, and claiming Nine Thousand, Four Hundred Dollars ($9,400.00) was received by Defendant Helm's clerk and the same was forwarded to the Office of County Clerk for Rogers County for filing and attachment to Requisition-Purchase Order-Claim form numbered

9 16. On or about September 2, 2009, Defendant Thacker directed Ms clerk to prepare a Requisition-Purchase Order-Claim form naming Time. Striping, Inc. as contractor for the public improvement of placing certain road markings on certain Rogers County roads named thereon for the amount of Nine Thousand, Nine Hundred Seventy-five Dollars ($9,975.00), and after signing the same, did direct the said Requisition-Purchase Order-Claim form to be forwarded to the Office of Rogers County Clerk, where the same was received and filed by personnel of that public office and numbered On or-about September 2, 2009, Defendant Thacker's clerk was directed to prepare a Receiving Report form showing the completion of the public improvement set forth in the aforesaid Requisition-Purchase Order-Claim form numbered in the amount of Nine Thousand, Nine Hundred Seventy-five Dollars ($9,975.00), wmch was also forwarded to the Office of Rogers County Clerk for filing and attachment to said purchase order form. 18. On or about September 2, 2009, an invoice fiom Time Striping, Inc. dated September 2,2009, and claiming Nine Thousand, Nine Hundred Seventy-five Dollars ($9,975.00)-was received by Defendant Thacker' s clerk and the same was forwarded to the Office of County Clerk for Rogers j * County for filing and attachment to Requisition-Purchase Order-Claim form numbered On or about September 14, 2009, Requisition-Purchase Order-Claim form numbered was included with other Requisition-Purchase Order-Claim forms for consideration for payment by the Board of County Commissioners for Rogers County and the same was approved for payment by Defendants Helm and Thacker in the amount ofnine Thousand, Nine Hundred Seventyfive Dollar^ ($9,975.00).

10 20. On or about September 14,2009, Requisition-Purchase Order-Claim form numbered was included with other Requisition-Purchase Order-Claim forms for consideration for payment by the Board of County Commissioners for Rogers County and the same was approved for payment by Defendants Helm and Thacker in the amount of Nine Thousand, Four Hundred Dollars ($9,400.00). 21. On or about October 7, 2009, Defendant Thacker directed his clerk to prepare a Requisition-Purchase Order-Claim form naming Time Striping, Inc. as contractor for the public improvement of placing certain road markings on certain Rogers County roads named thereon for the amount of Nine Thousand, Nine Hundred Thirty-seven Dollars ($9,937.00), and after signing the same, did direct the said Requisition-Purchase Order-Claim form to be forwarded to-the Office of Rogers County Clerk, where the same was received and filed by personnel of that public office and numbered On or about October 7, 2009, Defendant Thacker's clerk was directed to prepare a Receiving Report form showing the completion of the public improvement set forth in the aforesaid Requisition-Purchase Order-Claim form numbered in the amount of Nine Thousand, Nine Hundred Thirty-sevenDollars ($9,937.00), which was also forwarded to the Office ofrogers County Clerk for filing and attachment to said purchase order form. 23. On or about October 7,2009, an invoice from Time Striping, Inc. dated October 7,2009, and claiming Nine Thousand, Nine Hundred Thirty-seven Dollars ($9,937.00) was received by Defendant Thacker's clerk and the same was forwarded to the Office of County Clerk for Rogers County for filing and attachment to Requisition-Purchase Order-Claim form numbered

11 24. On or about October 26, 2009, Requisition-Purchase Order-Claim form numbered was included with other Requisition-Purchase Order-Claim forms for consideration for payment'by the Board of County Commissioners for Rogers County and the same was approved for payment by Defendants Helm and Thacker in the amount of Nine Thousand, Nine Hundred Thirtyseven Dollars ($9,937.00). 25. On or about November 9, 2009, Defendant Thacker directed his clerk to prepare a Requisition-Purchase Order-Claim form naming Time Striping, Inc. as contractor for the public improvement of placing certain road markings on certain Rogers County roads named thereon for the amount of Nine Thousand, Nine Hundred Twenty-seven Dollars ($9,927.00), and after signing the same, did direct the said Requisition-Purchase Order-Claim form to be forwarded to the Office of Rogers County Clerk, where the same was received and filed by personnel of that public office and numbered On or about November 9, 2009, Defendant Thacker's clerk was directed to prepare a Receiving Report form showing the completion of the public improvement set forth in the aforesaid Requisition-Purchase Order-Claim form numbered in the amount of Nine Thousand, Nine Hundred Twenty-seven Dollar's ($9,927.00), which was also forwarded to the Office of Rogers County Clerk for filing and attachment to said purchase order form. 27. 'On or about November 9,2009, an invoice from Time Striping, Inc. dated October 7, 2009, and claiming Nine Thousand, Nine Hundred Twenty-seven Dollars ($9,927.00) was received by Defendant Thacker's clerk and the same was forwarded to the Office of.county Clerk for Rogers County for filing and attachment to Requisition-Purchase Order-Claim form numbered

12 2.8. On or about November 16, 2009, Requisition-Purchase Order-Claim form numbered was included with other Requisition-Purchase Order-Claim forms for consideration for payment by the Board of County Commissioners for Rogers County and the same was approved for payment by Defendants Helm and Thacker in the amount of Nine Thousand, Nine Hundred Twentyseven Dollars ($9,927.00): On or about November 20, 2009, Defendant Helm directed his clerk to prepare a Requisition-Purchase Order-Claim form naming Time Striping, Inc. as contractor for the public improvement of placing certain road markings on certain Rogers County roads named thereon for the amount of Nine Thousand, Nine Hundred Sixty-five Dollars ($9,965.00), and after signing the same, did direct the said Requisition-Purchase Order-Claim form to be forwarded to the" Office of Rogers County Clerk, where the same was received and filed by personnel of that public office and numbered On or about November 23, 2009, Defendant Helm directed his clerk to prepare a Receiving Report form showing the completion of the public improvement set forth in the aforesaid Requisition-Purchase Order-Claim form numbered in the amountofnine Thousand, Nine Hundred Sixty-five Dollars ($9,965.00), which was also forwarded to the Office of Rogers County Clerk for filing and attachment to said purchase order form. 31. On or about November 23,2009, an invoice from Time Striping, Inc. dated November 23,2009, and claiming Nine Thousand, Nine Hundred Sixty-five Dollars ($9,965.00) was received by Defendant Helm's clerk and the same was forwarded to the Office of County Clerk for Rogers County for filing and attachment to Requisition-Purchase Order-Claim form numbered

13 32. On or about December 7, 2009, Defendant Helm directed Ms clerk to prepare a Requisition-Purchase Order-Claim form naming Time Striping, Inc. as contractor for the public improvement of placing certain road- markings on certain Rogers County roads named thereon for the amount of Nine Thousand, Nine Hundred Ninety-three Dollars ($9,993.00), and after signing the same, did direct the said Requisition-Purchase Order-Claim form to be forwarded to the Office of Rogers County Clerk, where the same was received and filed by personnel of that public office and numbered On or about December 7, 2009, Defendant Helm directed Ms clerk to prepare a Receiving Report form showing the completion of the public improvement set forth in the aforesaid Requisition-Purchase Order-Claim form numbered in the amount of Nine Thousand, Nine- Hundred Ninety-three Dollars ($9,993.00), wmch was also forwarded to the Office of Rogers County Clerk for filing and attachment to said purchase order form. 34. On or about December 9,2009, an invoice from Time Striping, Inc. dated December 9, 2009, and claiming Nine Thousand, Nine Hundred Ninety-three Dollars ($9,993.00) was received by Defendant Helm's clerk and the same was, forwarded to the Office of County Clerk for Rogers County for filing and attachment to Requisition-Purchase Order-Claim form numbered On or about December 7, 2009, Defendant Thacker directed Ms clerk to prepare a Requisition-Purchase Order-Claim form naming Time Striping, Inc. as contractor for the public improvement of placing certain road markings on certain Rogers County roads named thereon for the amount of Nine Thousand, Six Hundred Dollars ($9,600.00), and after signing the 'same, did direct the said Requisition-Purchase Order-Claim form to be forwarded to the Office of Rogers County Clerk, where the same was received and filed by personnel of that public office and 42-

14 numbered On or about December 7, 2009, Defendant Thacker's clerk was directed to prepare a Receiving Report form showing the completion of the public improvement set forth in the aforesaid Requisition-Purchase Order-Claim form numbered in the amount of Nine Thousand, Six Hundred Dollars ($9,600.00), which was also forwarded to the Office of Rogers County Clerk for filing and attachment to said purchase order form. 37. On or about December 10, 2009, an invoice from Time Striping, Inc. dated December 10, 2009, and claiming Nine Thousand, Six Hundred Dollars ($9,600.00) was received by Defendant Thacker's clerk and the same was forwarded to the Office- of County Clerk for Rogers County for filing and attachment to Requisition-Purchase Order-Claim form numbered On or about December 14, 2009, Requisition-Purchase Order-Claim form numbered was included with other Requisition-Purchase Order-Claim forms for consideration for payment by the Board of County Commissioners for Rogers County and the same was approved for payment by Defendants Helm and Thacker in the amount of Nine Thousand, Nine Hundred Sixtyfive Dollars ($9,965.00). 39. On or about December 21, 2009, Requisition-Purchase OrdenClaim form numbered was included with other Requisition-Purchase Order-Claim forms for consideration for payment by the Board of County Commissioners for Rogers County and the same was approved for payment.by Defendants Helm and Thacker in the amount of Nine Thousand, Nine Hundred Ninetythree Dollars ($9,993.00) On or about December 21, 2009, Requisition-Purchase Order-Claim form numbered was included with other Requisition-Purchase Order-Claim forms for consideration for'

15 payment by the Board of County Commissioners for Rogers County and the same was approved for payment by Defendants Helm and Thacker in the amount of Nine Thousand, Six Hundred Dollars ' ($9,600.00). All of the foregoing being committed in violation of Section 424 of Title 21 of the Oklahoma Statutes and against the Peace and Dignity of the State of Oklahoma. DATED this lay o,2015. TRUEBILL ( NO BILL ( ) Witnesses before the Grand Jury: F< O Terry Cronkite, Agent, OAG, 313 N.E. 21 st Street, Oklahoma City, OK > Jermelle Enevoldsen, Okla. Tax Comm., 2501 N. Lincoln Blvd., Oklahoma City, OK Kerri Carter, Okla. State Auditor and Inspector, 907 S. Detroit Ave., Tulsa, OK74120 Dorinda Gentry, Okla. State Auditor and Inspector, 907 S. Detroit Ave., Tulsa, OK Clay Nelson (Nelson) McSwain, 115 Sundance, Pryor, OK Kathy Banks, District 2, 6190 E 400 Road, Oolagah, OK Benjamin Lee (Bennie) King, District 2, 6190 E 400 Road, Oolagah, OK Allen Dwayne Carter, District 2, 6190 E 400 Road, Oolagah, OK Marilynn Gibson, c/o Patrick Abitol, Esq., Ill S. Muskogee Ave., Claremore, OK Terry Hughes, District 3,2425 S. Warehouse Road, Claremore, OK Debbi Stout, District 3, 2425 S. Warehouse Road, Claremore, OK ' Robin'Lepage, District 3, 2425 S. Warehouse Road, Claremore, OK Tommy Wiley, 6421 Valley Drive, Rudy, AR Grant Yates, District 3, 2425 S. Warehouse Road, Claremore, OK The Honorable Stephen Daniel (Dan)DeLozier, 200 Lynn Riggs Blvd., Claremore, OK Barry A. Farbro, Esq., 1303 E. 18* Street, Tulsa, OK ErnestE. (Gene) Haynes, Esq., FoxRunDrive, Claremore, OK74017 David Iski, Esq., 11.8 W. 114 th Street South, Jenks, OK '. Michael Earl (Mike) Helm, Rogers County Commissioner, District 2, 6190 E 400 Road, Oolagah, OK