Nevada County Picayune and Gurdon Times Newspaper Archive

Ricky Burke pleads guilty to bank fraud; sentencing to come

Richard J. Burke of Prescott changed his plea to guilty on two counts of bank fraud and two counts of mail fraud in Federal District Court in Texarkana Monday morning.

U.S. District Judge Harry Barnes advised Burke that in response to his plea he faced a maximum sentence of 20 years and a maximum fine of $250,000 for mail fraud, and a maximum sentence of 30 years and maximum fine of $1 million for bank fraud.

Assistant U.S. Attorney David Blackorby represented the government, and John Goodson represented Richard Burke.

Judge Barnes said to Richard Burke, "If you today change your plea to guilty you will be sentenced according to federal sentencing guidelines based on a pre-sentencing report prepared by a federal probation officer. Do you understand this?"

"Yes sir," Burke replied.

"There is no longer any parole for a federal offense," Judge Barnes added.

After Burke acknowledged his desire to change his plea to guilty on four of the 20 counts against him, Judge Barnes asked, "Mr. Burke, if brought to trial could the government prove beyond a reasonable doubt your guilt to the counts in the indictment?"

"Yes sir. They could," Burke replied.

When asked if Richard Burke could possibly get probation, Assistant U.S. Attorney David Blackorby said, "With the amount of money involved Mr. Burke is not eligible for probation. He's going to prison for a long time."

A federal grand jury had indicted Richard J. Burke and Nancy Burke on 20 counts including mail fraud, bank fraud and insurance fraud on Jan. 7, 2004. The Burkes appeared before U.S. Magistrate Bobby Shepherd on Jan. 23, 2004, where they enter pleas of not guilty on all charges at their arraignment.

Federal prosecutors based the indictment on an alleged scheme by the Burkes to embezzle approximately $400,000 from Horne Funeral Services, Inc., of Ashdown, owner of Shackelford Funeral Home of Prescott, according the Acting U.S. Attorney Bill Cromwell.

Richard Burke served as director of Shackelford Funeral Home from 1996 until 2003. Also, he served periodically as Nevada County coroner and as the pastor of a local church.

Under the plea agreement filed with the court Richard Burke waived his right to appeal and agreed to restitution. Restitution is not limited to the four counts on which Burke pled guilty, but applies to all 20 counts. Burke agreed not to file for bankruptcy to avoid restitution.

The U.S. Attorney agreed to recommend sentencing at the low range of the sentencing guidelines and to enter a motion to dismiss all other charges once Richard Burke is sentenced.

Judge Barnes said that sentencing will occur at least eight weeks from Monday, June 28, and that Richard Burke will remain free on his original $20,000 bond.

After a brief recess Judge Barnes took up the case of the United States versus Nancy Burke.

Judge Barnes told Nancy Burke, "The government"s 20 count indictment against you remains. There may be a conflict of interest in Mr. Goodson continuing to represent you as he continues to represent Mr. Burke."

Goodson then asked the court to allow him to withdraw from representing Nancy Burke.

Judge Barnes granted Goodson's request, appointed John Stroud to represent Nancy Burke and set a new trial date for July 19.