Judge denies Hogans’ request to travel to Florida

By Lilly Adkins

BSN Associate Editor

FRANKFORT — A federal judge on Tuesday denied a request by Lawrence County Attorney Michael Hogan and his wife, Joy, to travel to Florida to watch their daughter’s cheerleading competition.

Michael Hogan and Joy Hogan pleaded guilty last week to one count of wire fraud and Michael Hogan also pleaded guilty to federal program theft.

According to a release issued by the U.S. Attorney’s Office, they face up to 20 years in prison and a fine of no more than $250,000 for the wire fraud offense. Michael Hogan faces up to 10 years in prison and a fine of no more than $250,000 on the federal program theft charge.

The Hogans’ daughter is one of 20 cheerleaders selected by Marshall University to compete at the cheerleading national competition in Daytona Beach, Fla., the motion said.

Due to COVID-19 restrictions in the past, this competition is her first opportunity to compete in a collegiate national championship, the motion said.

The Hogans are currently free from incarceration but subject to bond conditions, including one that restricts them from traveling outside of Kentucky without approval from the court, the motion said. The motion asks the court to grant the Hogans permission to travel to Daytona Beach on April 6, returning home on April 10.

Assistant U.S. Attorney Kate K. Smith filed opposition to the motion, noting that the court

has discretion to “amend the order to impose additional or different conditions of release.”

Smith said that the court should decline to exercise that discretion, saying that retaining the travel restriction furthers the goal of “assuring the appearance” at sentencing by eliminating a potential opportunity to flee.

She also said that the travel requested is “purely a vacation of enjoyment, not travel related to legal representation, necessary for the defense of the case, necessary for a business venture, related to health care or religious services or the like.”

“In short, the travel is gratuitous and unnecessary, particularly in the post-plea scenario the Hogans, now felons, find themselves,” Smith said. “Finally, authorizing the vacation would permit the depletion of funds that otherwise would be used to satisfy the restitution amounts, money judgments, fines or other financial penalties likely to be imposed at sentencing against both Defendants.”

U.S. Magistrate Judge Matthew A. Stinnett denied the travel request Tuesday.

“The Court appreciates the Hogan’s desire to support their daughter in her endeavors. As the United States pointed out, however, both Hogans have pleaded guilty,” Stinnett said in his order. “The proposed trip is purely recreational in nature, unlike other travel requests the Court sometimes grants, such as attending a funeral or obtaining medical treatment. Further, the proposed trip is hundreds of miles from this district and poses a risk that a husband and wife—who are now felons—will flee prior to their sentencing.”

According to the Hogans’ plea agreements, the Hogans conspired with each other to commit wire fraud by issuing checks from a second delinquent tax account for the Lawrence County Attorney’s Office, the statements for which went to their personal residence.

Michael Hogan and Joy Hogan routinely prepared “bonus” checks issued to Joy Hogan and signed by Michael Hogan paid with delinquent tax funds that should have been used on operating expenses for the Lawrence County Attorney’s Office, the plea agreements said.

The Hogans deposited the checks into Joy Hogan’s personal account and the couple’s joint accounts, and they spent the funds on personal expenses, the agreement says. Michael Hogan admitted he personally benefitted from the payments and knew some of the payments were not reasonable in amount, nor beneficial to the public, the plea agreement said.

According to the indictment, between March 8, 2013 and April 30, 2020, Michael Hogan paid his wife more than $365,000 from the Lawrence County Delinquent Tax Account.

Michael Hogan also admitted to defrauding the Lawrence County Child Support Enforcement Office, part of the Kentucky Cabinet for Health and Family Services, the plea agreement said.

According to the plea agreement, Michael Hogan billed the program for more hours than he actually worked.