Filed: 5/10/2024 3:17 PM

Clerk
Clark Circuit Court 1 Clark County, Indiana

STATE OF INDIANA IN THE CLARK CIRCUIT COURT

SS:
COUNTY OF CLARK CAUSE NO.
10C01-2405-PL-000038
STATE OF INDIANA ex rel. TODD
ROKITA ATTORNEY GENERAL
OF INDIANA,

Plaintiff,
v.

JAMEY NOEL, MISTY NOEL,

KASEY NOEL, KEVIN
WILKERSON, JOSEY NOEL, and
GRACY NOEL,

Defendants.

COMPLAINT TO RECOVER PUBLIC FUNDS

Plaintiff, State of Indiana ex rel. Todd Rokita, Attorney General of Indiana

(“Plaintiff”), by counsel, Marielle Riedle, Dane Kurth, and Lydia Golten, Deputy

Attorneys General, for its Complaint to Recover Public Funds, states the following:

INTRODUCTION

1. Plaintiff brings this action pursuant to Indiana Code § 5-11-1-27(m),

Indiana Code § 5-11-5-1, Indiana Code § 5-11-5-4, Indiana Code § 5-11-7-1, Indiana

Code § 34-24-3-1, and various common law claims.

2. Plaintiff seeks to redress harm done to: the public welfare; the property

of the State of Indiana (“State”); the property of the Utica Township Volunteer Fire

Fighters Association; d/b/a New Chapel Emergency Medical Service (“New Chapel

EMS”); Clark County and/or Floyd County, Indiana, which resulted from the

misappropriation and diversion of public funds by Defendants, Jamey Noel and/or

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Misty Noel, and/or Kasey Noel and/or Kevin Wilkerson and/or Josey Noel and/or

Gracy Noel.

FACTS

3. Pursuant to Ind. Code § 5-11-1-9, State Board of Accounts (“SBOA”)

performed an examination of the books, accounts, and records of the New Chapel

EMS for the period of January 1, 2019 to December 31, 2023 (“Audit Period”). The

results of the examination are set forth in SBOA Special Investigation Report 84474I

(“Audit Report”), dated April 29, 2024. See Audit Report, attached hereto and

incorporated herein as Exhibit 1.

4. The Office of the Attorney General is an agency and instrumentality of

the State of Indiana (“State”), headquartered in Marion County, Indiana.

5. The Audit Report disclosed malfeasance, misfeasance, and/or

nonfeasance on the part of public officials, public employees, and/or other proper

persons, and was placed by the State Examiner with the Attorney General pursuant

to Ind. Code § 5-11-5-1(a).

6. The Audit Report also disclosed that public funds the State seeks to

recover upon this Complaint, were either:

a. misappropriated, diverted, or unaccounted;

b. illegally received;

c. illegally retained;

d. unaccountable for or not paid over any money so received;

e. obtained by fraud or in any unlawful manner; and/or

f. wrongfully withheld from the public treasury.

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 7. The State’s claims arise from systematic violations of a position of trust

by a public official, misappropriation and diversion of public funds, malfeasance,

misfeasance, nonfeasance, dishonest acts, breached fidelity of duties by a public

official, overt acts, fraud, and other conduct in breach of the duties owed to the State

and the public by a public official and other proper persons and/or entities.

8. The Audit Report further disclosed that public money had been

unlawfully expended, obtained by fraud or any unlawful manner, or wrongfully

withheld from the public treasury pursuant to Ind. Code § 5-11-6-3.

9. The State seeks damages, disgorgement of ill-gotten gains, enhanced

damages pursuant to the Indiana Crime Victims Relief Act, and other appropriate

relief.

PARTIES

10. The Attorney General of Indiana is exclusively charged with the

responsibility and sovereign powers of recovering public funds, pursuant to Ind. Code

§ 5-11-5, et seq. of the State Board of Accounts Act. This Complaint is brought by the

State of Indiana on the relation of the Attorney General of Indiana, pursuant to Ind.

Code §§ 5-11-5-4 and 5-11-7-1, for the benefit of the citizens of the State of Indiana.

11. During the Audit Period, Jamey also served as the CEO and/or

President of the domestic nonprofit corporation, Utica Township Volunteer Fire

Fighters Association, d/b/a New Chapel Emergency Medical Service (“New Chapel

EMS”).

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 12. Defendant, Jamey Noel (“Jamey”) was the incorporator, Chief Executive

Officer (“CEO”), and/or Fire Chief for the Utica Township Fire Department

Incorporated d/b/a New Chapel Fire and Emergency Medical Services, Inc. (“NCFE”)

at all relevant times during the Audit Period.

13. Jamey also served as Clark County Sheriff from January 1, 2015 to

December 31, 2022.

14. NCFE was created in 2002 as a domestic nonprofit corporation to

provide fire protection services.

15. During the Audit Period, NCFE received funding from the New Albany

Township Fire Protection District and the Utica Township Fire Protection District.

Both districts are political subdivisions of the State of Indiana.

16. During the Audit Period, the New Chapel EMS was maintained and

supported with public funds through contracts with Clark and Floyd counties.

17. During the Audit period, the New Chapel EMS was maintained and

supported at public expense through direct payments of public funds from both Clark

and Floyd counties.

18. During the Audit Period Jamey used multiple business names to create

a layering effect in which money or assets were moved through different businesses

or different layers of a business.

19. While NCFE and the New Chapel EMS are separate and distinct

assumed business names for two separate and distinct legal entities, their similar

names have caused monies from one entity to be wrongfully deposited into the other.

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 20. During the Audit Period, the New Chapel EMS had one contract with

three written extensions with Clark County for “Emergency Medical Ambulance

Service throughout Clark County, Indiana.” None of the contracts/extensions were

for the nonprofit’s authorized purpose: fire protection. Also, in the original contract,

a provision states that “the annual subsidy as set forth above is subject to and

contingent upon approval of sufficient appropriations by the Clark County Council

acting as the fiscal body for Clark County, Indiana.”

21. The New Chapel EMS also had a contractual relationship with Floyd

County during the Audit Period. This arrangement was for “emergency ambulance

services.”

22. The Audit Report discloses that during the period of this examination,

the New Chapel EMS received a total of $3,886,388.80 of public funds from Clark and

Floyd counties.

23. Jamey is either a delinquent officer/employee, surety of the officer, or

any other proper person against whom recovery of such misappropriated, diverted, or

unaccounted for funds may be had, pursuant to Ind. Code § 5-11-5-1.

24. Defendant, Misty Noel (“Misty”) was the wife of Jamey, at all relevant

times during the Audit Period.

25. Misty is either a delinquent officer/employee, surety of the officer, or any

other proper person against whom recovery of such misappropriated, diverted, or

unaccounted for funds may be had, pursuant to Ind. Code § 5-11-5-1.

26. Defendant, Kasey Noel (“Kasey”) was the daughter of Jamey, at all

relevant times during the Audit Period.

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 27. Kasey was also the Executive Assistant of the New Chapel EMS, at all

relevant times during the Audit Period.

28. Kasey is either a delinquent officer/employee, surety of the officer, or

any other proper person against whom recovery of such misappropriated, diverted, or

unaccounted for funds may be had, pursuant to Ind. Code § 5-11-5-1.

29. Defendant, Kevin Wilkerson (“Wilkerson”) was the Shop Manager of the

New Chapel EMS, at all relevant times during the Audit Period.

30. Wilkerson is either a delinquent officer/employee, surety of the officer,

or any other proper person against whom recovery of such misappropriated, diverted,

or unaccounted for funds may be had, pursuant to Ind. Code § 5-11-5-1.

31. Defendant, Josey Noel (“Josey”) was the daughter of Jamey, at all

relevant times during the Audit Period.

32. Josey is either a delinquent officer/employee, surety of the officer, or any

other proper person against whom recovery of such misappropriated, diverted, or

unaccounted for funds may be had, pursuant to Ind. Code § 5-11-5-1.

33. Defendant, Gracy Noel (“Gracy”) was the daughter of Jamey, at all

relevant times during the Audit Period.

34. Gracy is either a delinquent officer/employee, surety of the officer, or any

other proper person against whom recovery of such misappropriated, diverted, or

unaccounted for funds may be had, pursuant to Ind. Code § 5-11-5-1.

JURISDICTION

35. This Court has both subject matter jurisdiction over the claims and

personal jurisdiction over the parties.

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 36. Venue is proper pursuant to Indiana Rule of Trial Procedure 75.

COUNT I
Malfeasance, Misfeasance, and/or Nonfeasance – Jamey Noel

Plaintiff, State of Indiana ex rel. Todd Rokita, Attorney General of Indiana, by

and through its undersigned counsel, complains of Defendant Jamey, and says:

37. The State restates and pleads each and every allegation contained in the

previous paragraphs, and those paragraphs are incorporated in Count I as if wholly

set forth herein.

38. During the Audit Period, Jamey had a duty to not commit acts of

malfeasance, misfeasance, and/or nonfeasance.

39. During the Audit Period, Jamey had a duty to comply with all relevant

laws, rules, policies, and/or ordinances.

40. During the Audit Period, Jamey had a duty to, based on facts known to

him, discharge duties in good faith; with the care an ordinarily prudent person in a

like position would exercise under similar circumstances; and in a manner he

reasonably believes to be in the best interests of the New Chapel EMS.

41. During the Audit Period, Jamey is responsible for Unlawful

Distributions from New Chapel EMS Credit Card in the total amount of

$2,164,985.81.

42. During the Audit Period, Jamey is responsible for Child Support

Payments made with New Chapel EMS Funds in the total amount of $72,971.51.

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 43. During the Audit Period, Jamey is responsible for Custom Suits and

Designer Apparel purchases paid for with New Chapel EMS Funds in the total

amount of $183,980.07.

44. During the Audit Period, Jamey is responsible for a Plane purchased

with New Chapel EMS Funds in the total amount of $43,077.63.

45. During the Audit Period, Jamey is responsible for Personal Firearms

purchases paid for with New Chapel EMS Funds in the total amount of $4,516.40.

46. During the Audit Period, Jamey is responsible for Personal Car

Collection Insurance Premiums paid for with New Chapel EMS Funds in the total

amount of $67,717.10.

47. During the Audit Period, Jamey is responsible for Automotive Lifts

Installed in Noel's Pole Barn paid for with New Chapel EMS Funds in the total

amount of $16,939.00.

48. During the Audit Period, Jamey is responsible for Expenditures at 2408

Turnberry Drive paid with New Chapel EMS Funds in the total amount of

$30,785.63.

49. During the Audit Period, Jamey is responsible for Expenditures in

Naples, Florida paid with New Chapel EMS Funds in the total amount of $20,393.90.

50. During the Audit Period, Jamey is responsible for Expenditures at 3001

Old Tay Bridge paid with New Chapel EMS Funds in the total amount of $23,649.60.

51. During the Audit Period, Jamey is responsible for Personal Lumber

Expenditures paid with New Chapel EMS Funds in the total amount of $9,938.96.

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 52. During the Audit Period, Jamey is responsible for New Chapel EMS

Funds diverted to his Brother's Estate in the total amount of $52,500.00.

53. During the Audit Period, Jamey is responsible for Cash Withdrawal and

Electronic Payments from New Chapel EMS Funds in the total amount of

$565,268.99.

54. During the Audit Period, Jamey is responsible for Chase Credit Card

Payments made from New Chapel EMS Funds in the total amount of $39,669.24.

55. During the Audit Period, Jamey is responsible for New Chapel EMS

Vehicle traded for a personal vehicle in the total amount of $39,444.77.

56. During the Audit Period, Jamey is responsible for Contractual Defaults

which caused loss to New Chapel EMS in the total amount of $137,733.34.

57. During the Audit Period, Jamey is responsible for the Sale of Kubota

Tractor and proceeds not deposited in the total amount of $0.00.

58. During the Audit Period, Jamey is responsible for Cash not deposited

from Sale of Vehicle in the total amount of $21,000.00.

59. As a direct and proximate result of the breach of Jamey’s duties, the

New Chapel EMS suffered a pecuniary loss.

60. As a direct and proximate result of the breach of Jamey’s duties, SBOA

incurred additional audit costs in the amount of $168,821.53.

61. Consequently, Plaintiff is entitled to restitution and disgorgement from

Jamey of all ill-gotten gains unjustly and wrongfully received.

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 COUNT II – IND. CODE § 34-24-3-1
Treble Damages Pursuant to Indiana’s Crime Victims Relief Act – Jamey
Noel

Plaintiff, State of Indiana ex rel. Todd Rokita, Attorney General of Indiana, by

and through its undersigned counsel, complains of Defendant Jamey, and says:

62. The State restates and pleads each and every allegation contained in the

previous paragraphs, inclusive of Count I, and those paragraphs are incorporated in

Count II as if wholly set forth herein.

63. Indiana Code § 34-24-3-1 provides that if a party suffers a pecuniary loss

as a result of a violation of Ind. Code Art. 35-43, Ind. Code § 35-42-3-3, Ind. Code §

35-42-3-4, and/or Ind. Code § 35-45-9, the party may bring a civil action against the

person(s) who caused the loss for: (1) “an amount not to exceed three times the actual

damages of the person suffering the loss;” (2) court costs; (3) a reasonable attorney’s

fee; (4) and other miscellaneous costs and expenses.

64. The State is a party suffering a pecuniary loss as a result of a violation

by Jamey of one or more of the following: Ind. Code § 35-43-4-2, Ind. Code § 35-43-4-

3, and/or Ind. Code § 35-43-5-3, where he knowingly, intentionally, and wrongfully

diverted public funds as described in the Audit Report, and specifically relating to the

charges for: (1) Unlawful Distributions from New Chapel EMS Credit Card in the

total amount of $2,164,985.81; (2) Child Support Payments made with New Chapel

EMS funds in the total amount of $72,971.51; (3) Custom Suits and Designer Apparel

purchases paid for with New Chapel EMS funds in the total amount of $183,980.07;

(4) Plane Purchased with New Chapel EMS funds in the total amount of $43,077.63;

(5) Personal Firearms purchases paid for with New Chapel EMS funds in the total

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amount of $4,516.40; (6) Personal Car Collection Insurance Premiums paid for with

New Chapel EMS funds in the total amount of $67,717.10; (7) Automotive Lifts

Installed in Noel's Pole Barn paid for with New Chapel EMS funds in the total

amount of $16,939.00; (8) Expenditures at 2408 Turnberry Drive paid with New

Chapel EMS funds in the total amount of $30,785.63; (9) Expenditures in Naples,

Florida paid with New Chapel EMS funds in the total amount of $20,393.90; (10)

Expenditures at 3001 Old Tay Bridge paid with New Chapel EMS funds in the total

amount of $23,649.60; (11) Personal Lumber Expenditures paid with New Chapel

EMS funds in the total amount of $9,938.96; (12) New Chapel EMS Funds diverted

to Brother's Estate in the total amount of $52,500.00; (13) Cash Withdrawal and

Electronic Payments from New Chapel EMS funds in the total amount of

$565,268.99; (14) Chase Credit Card payments made from New Chapel EMS funds

in the total amount of $39,669.24; (15) New Chapel EMS Vehicle traded for a personal

vehicle in the total amount of $39,444.77; (16) Contractual Defaults caused loss to

New Chapel EMS in the total amount of $137,733.34; (17) Sale of Kubota Tractor and

proceeds not deposited in the total amount of $0.00; and (18) Cash not deposited from

Sale of Vehicle in the total amount of $21,000.00; as described in SBOA Audit Report

84474I.

65. On or about November 8, 2023, Jamey was charged in a correlated

criminal matter under cause 10C01-2311-F5-000297 in Clark Circuit Court. In that

matter, Jamey was charged with 25 counts. More specifically, Jamey is charged with

one count Corrupt Business Influence/F5; two counts Theft/F5; three counts Theft/F6;

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one count Obstruction of Justice/F6; four counts Ghost Employment/F6; four counts

Official Misconduct/F6; five counts Theft/F5; and five counts Tax Evasion/F6.

66. The State, for the benefit of citizens of the State, is entitled to the relief

described in Ind. Code § 34-24-3-1, including three times that actual loss discussed in

Paragraph 64 in enhanced damages, plus court costs, and a reasonable attorney’s fee.

COUNT III
Malfeasance, Misfeasance, and/or Nonfeasance – Jamey Noel & Misty Noel,
Jointly and Severally

Plaintiff, State of Indiana ex rel. Todd Rokita, Attorney General of Indiana, by

and through its undersigned counsel, complains of Defendants Jamey and Misty,

jointly and severally, and says:

67. The State restates and pleads each and every allegation contained in the

previous paragraphs, and those paragraphs are inclusive of Counts I through II, and

those paragraphs are incorporated in Count III as if wholly set forth herein.

68. At all relevant times, Misty was responsible for complying with all the

ordinances, resolutions, and policies the unit adopted; complying with all relevant

laws; and/or not committing acts of misfeasance, malfeasance, and nonfeasance.

69. During the Audit Period, Misty was not an employee of the New Chapel

EMS, nor did she render any services to the New Chapel EMS to further its purpose.

70. The New Chapel EMS did not approve Misty to be a cardholder to the

New Chapel AMEX card.

71. Misty’s charges to the New Chapel AMEX card during the Audit Period

were personal in nature and not in furtherance of the New Chapel EMS’s purpose.

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 72. During the Audit Period, Jamey and Misty (jointly and severally) are

responsible for Unlawful Distributions from New Chapel EMS AMEX card in the

total amount of $663,211.92.

73. As a direct and proximate result of the breach of Jamey and/or Misty’s

duties to the New Chapel EMS, the New Chapel EMS suffered a pecuniary loss.

74. Consequently, Plaintiff is entitled to restitution and disgorgement from

Jamey and Misty of all ill-gotten gains unjustly and wrongfully received.

COUNT IV – IND. CODE § 34-24-3-1

Treble Damages Pursuant to Indiana’s Crime Victims Relief Act – Jamey
Noel and Misty Noel Jointly and Severally

Plaintiff, State of Indiana ex rel. Todd Rokita, Attorney General of Indiana, by

and through its undersigned counsel, complains of Defendants Jamey and Misty,

jointly and severally, and says:

75. The State restates and pleads each and every allegation contained in the

previous paragraphs, inclusive of Counts I through III, and those paragraphs are

incorporated in Count IV as if wholly set forth herein.

76. Indiana Code § 34-24-3-1 provides that if a party suffers a pecuniary loss

as a result of a violation of Ind. Code Art. 35-43, Ind. Code § 35-42-3-3, Ind. Code §

35-42-3-4, and/or Ind. Code § 35-45-9, the party may bring a civil action against the

person(s) who caused the loss for: (1) “an amount not to exceed three times the actual

damages of the person suffering the loss;” (2) court costs; (3) a reasonable attorney’s

fee; (4) and other miscellaneous costs and expenses.

77. The State is a party suffering a pecuniary loss as a result of a violation

by Jamey of one or more of the following: Ind. Code § 35-43-4-2, Ind. Code § 35-43-4-

13
3, and/or Ind. Code § 35-43-5-3, where he knowingly, intentionally, and wrongfully

diverted public funds as described in the Audit Report, and specifically relating to the

charges for: (1) Unlawful Distributions from New Chapel EMS AMEX card in the

total amount of $663,211.92; as described in SBOA Audit Report 84474I.

78. On or about November 8, 2023, Jamey was charged in a correlated

criminal matter under cause 10C01-2311-F5-000297 in Clark Circuit Court. In that

matter, Jamey was charged with 25 counts. More specifically, Jamey is charged with

one count Corrupt Business Influence/F5; two counts Theft/F5; three counts Theft/F6;

one count Obstruction of Justice/F6; four counts Ghost Employment/F6; four counts

Official Misconduct/F6; five counts Theft/F5; and five counts Tax Evasion/F6.

79. On or about January 31, 2024, Misty was charged in a correlated

criminal matter under cause 10C01-2401-F5-000029 in Clark Circuit Court. In that

matter, Misty was charged with 10 counts. More specifically, Misty is charged with

five counts of Theft/F5; and five counts of Tax Evasion/F6.

80. The State, for the benefit of the citizens of the State, is entitled to the

relief described in Ind. Code § 34-24-3-1, including three times that actual loss

discussed in Paragraph 77 in enhanced damages, plus court costs, and a reasonable

attorney’s fee.

COUNT V
Malfeasance, Misfeasance, and/or Nonfeasance – Jamey Noel & Kasey Noel,
Jointly and Severally

Plaintiff, State of Indiana ex rel. Todd Rokita, Attorney General of Indiana, by

and through its undersigned counsel, complains of Defendants Jamey and Kasey,

jointly and severally, and says:

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 81. The State restates and pleads each and every allegation contained in the

previous paragraphs, and those paragraphs are inclusive of Counts I through IV, and

those paragraphs are incorporated in Count V as if wholly set forth herein.

82. At all relevant times, Kasey was responsible for complying with all the

ordinances, resolutions, and policies the unit adopted; complying with all relevant

laws; and/or not committing acts of misfeasance, malfeasance, and nonfeasance.

83. Kasey was a cardholder on the New Chapel AMEX card.

84. Kasey was a W-2 employee of New Chapel EMS during the Audit Period.

85. Kasey was hired on or about January 7, 2017 as an Executive Assistant

for the New Chapel EMS and held that position until she became the Quality

Assurance Clerk in August of 2023.

86. Kasey was responsible for managing the New Chapel EMS accounting

software and financial recordkeeping for the New Chapel EMS while in the role of

Executive Assistant.

87. Kasey was not approved to be an authorized cardholder of the New

Chapel AMEX card.

88. Kasey’s charges to the New Chapel AMEX card, as charged in this

Complaint, were personal in nature and were not in furtherance of the New Chapel

EMS’s authorized purpose.

89. During the Audit Period, Jamey and Kasey (jointly and severally) are

responsible for Unlawful Distributions from New Chapel EMS AMEX Card in the

total amount of $107,371.92.

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 90. During the Audit Period, Kasey had possession and use of the New

Chapel Chase Credit Card.

91. Kasey’s charges to the New Chapel Chase Credit Card, as charged in

this complaint, were personal in nature and were not in furtherance of the New

Chapel EMS’s authorized purpose.

92. During the Audit Period, Jamey and Kasey (jointly and severally) are

responsible for Chase Credit Card Payments made from New Chapel EMS funds in

the total amount of $1,989.40.

93. As a direct and proximate result of the breach of Jamey and/or Kasey’s

duties to the New Chapel EMS, the New Chapel EMS suffered a pecuniary loss in the

total amount of $109,361.32.

94. Consequently, Plaintiff is entitled to restitution and disgorgement from

Jamey and Kasey of all ill-gotten gains unjustly and wrongfully received.

COUNT VI – IND. CODE § 34-24-3-1

Treble Damages Pursuant to Indiana’s Crime Victims Relief Act – Jamey
Noel and Kasey Noel Jointly and Severally

Plaintiff, State of Indiana ex rel. Todd Rokita, Attorney General of Indiana, by

and through its undersigned counsel, complains of Defendants Jamey and Kasey,

jointly and severally, and says:

95. The State restates and pleads each and every allegation contained in the

previous paragraphs, inclusive of Counts I through V, and those paragraphs are

incorporated in Count VI as if wholly set forth herein.

96. Indiana Code § 34-24-3-1 provides that if a party suffers a pecuniary loss

as a result of a violation of Ind. Code Art. 35-43, Ind. Code § 35-42-3-3, Ind. Code §

16
35-42-3-4, and/or Ind. Code § 35-45-9, the party may bring a civil action against the

person(s) who caused the loss for: (1) “an amount not to exceed three times the actual

damages of the person suffering the loss;” (2) court costs; (3) a reasonable attorney’s

fee; (4) and other miscellaneous costs and expenses.

97. The State is a party suffering a pecuniary loss as a result of a violation

by Jamey of one or more of the following: Ind. Code § 35-43-4-2, Ind. Code § 35-43-4-

3, and/or Ind. Code § 35-43-5-3, where he knowingly, intentionally, and wrongfully

diverted public funds as described in the Audit Report, and specifically relating to the

charges for: (1) Unlawful Distributions From New Chapel EMS AMEX Card in the

total amount of $107,371.92, and (2) Chase Credit Card Payments made from New

Chapel EMS funds in the total amount of $1,989.40; as described in SBOA Audit

Report 84474I.

98. On or about November 8, 2023, Jamey was charged in a correlated

criminal matter under cause 10C01-2311-F5-000297 in Clark Circuit Court. In that

matter, Jamey was charged with 25 counts. More specifically, Jamey is charged with

one count Corrupt Business Influence/F5; two counts Theft/F5; three counts Theft/F6;

one count Obstruction of Justice/F6; four counts Ghost Employment/F6; four counts

Official Misconduct/F6; five counts Theft/F5; and five counts Tax Evasion/F6.

99. On or about March 6, 2024, Kasey was charged in a correlated criminal

matter under cause 10C01-2403-F6-000230 in Clark Circuit Court. In that matter,

Kasey was charged with 9 counts. More specifically, Kasey is charged with five

counts of Theft/F6; and four counts of Tax Evasion/F6.

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 100. The State, for the benefit of the citizens of the State, is entitled to the

relief described in Ind. Code § 34-24-3-1, including three times that actual loss

discussed in Paragraph 97 in enhanced damages, plus court costs, and a reasonable

attorney’s fee.

COUNT VII
Malfeasance, Misfeasance, and/or Nonfeasance – Jamey Noel & Kevin
Wilkerson, Jointly and Severally

Plaintiff, State of Indiana ex rel. Todd Rokita, Attorney General of Indiana, by

and through its undersigned counsel, complains of Defendants Jamey and Wilkerson,

jointly and severally, and says:

101. The State restates and pleads each and every allegation contained in the

previous paragraphs, and those paragraphs are inclusive of Counts I through VI, and

those paragraphs are incorporated in Count VII as if wholly set forth herein.

102. At all relevant times, Wilkerson was responsible for complying with all

the ordinances, resolutions, and policies the unit adopted; complying with all relevant

laws; and/or not committing acts of misfeasance, malfeasance, and nonfeasance.

103. Wilkerson was authorized by Jamey, without the involvement of any

other Directors of the New Chapel EMS, to make purchases for personal items

“within reason” on the New Chapel EMS AMEX Card.

104. Wilkerson’s charged purchases were personal in nature and not in

furtherance of the New Chapel EMS’s authorized purpose.

105. During the Audit Period, Jamey and Wilkerson (jointly and severally)

are responsible for Unlawful Distributions from New Chapel EMS AMEX Card in the

total amount of $40,773.19.

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 106. As a direct and proximate result of the breach of Jamey and/or

Wilkerson’s duties to the New Chapel EMS, the New Chapel EMS suffered a

pecuniary loss in the total amount of $40,773.19.

107. Consequently, Plaintiff is entitled to restitution and disgorgement from

Jamey and Wilkerson of all ill-gotten gains unjustly and wrongfully received.

COUNT VIII
Malfeasance, Misfeasance, and/or Nonfeasance – Jamey Noel & Josey Noel,
Jointly and Severally

Plaintiff, State of Indiana ex rel. Todd Rokita, Attorney General of Indiana, by

and through its undersigned counsel, complains of Defendants Jamey and Josey,

jointly and severally, and says:

108. The State restates and pleads each and every allegation contained in the

previous paragraphs, and those paragraphs are inclusive of Counts I through VII,

and those paragraphs are incorporated in Count VIII as if wholly set forth herein.

109. At all relevant times, Josey was responsible for complying with all the

ordinances, resolutions, and policies the unit adopted; complying with all relevant

laws; and/or not committing acts of misfeasance, malfeasance, and nonfeasance.

110. During the Audit Period, Jamey and Josey (jointly and severally) are

responsible for College Tuition and Rent Expenditures for Noel's daughters paid for

with New Chapel EMS funds in the total amount of $165,570.41.

111. These distributions were not in furtherance of the New Chapel EMS’s

authorized purpose.

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 112. As a direct and proximate result of the breach of Jamey and/or Josey’s

duties to the New Chapel EMS, the New Chapel EMS suffered a pecuniary loss in the

total amount of $165,570.41.

113. Consequently, Plaintiff is entitled to restitution and disgorgement from

Jamey and Josey of all ill-gotten gains unjustly and wrongfully received.

COUNT IX
Malfeasance, Misfeasance, and/or Nonfeasance – Jamey Noel & Gracy Noel,
Jointly and Severally

Plaintiff, State of Indiana ex rel. Todd Rokita, Attorney General of Indiana, by

and through its undersigned counsel, complains of Defendants Jamey and Gracy,

jointly and severally, and says:

114. The State restates and pleads each and every allegation contained in the

previous paragraphs, and those paragraphs are inclusive of Counts I through VIII,

and those paragraphs are incorporated in Count IX as if wholly set forth herein.

115. At all relevant times, Gracy was responsible for complying with all the

ordinances, resolutions, and policies the unit adopted; complying with all relevant

laws; and/or not committing acts of misfeasance, malfeasance, and nonfeasance.

116. During the Audit Period, Jamey and Gracy (jointly and severally) are

responsible for College Tuition and Rent Expenditures for Noel's daughters paid for

with New Chapel EMS funds $15,574.54.

117. These distributions were not in furtherance of the New Chapel EMS’s

authorized purpose.

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 118. As a direct and proximate result of the breach of Jamey and/or Gracy’s

duties to the New Chapel EMS, the New Chapel EMS suffered a pecuniary loss in the

total amount of $15,574.54.

119. Consequently, Plaintiff is entitled to restitution and disgorgement from

Jamey and Gracy of all ill-gotten gains unjustly and wrongfully received.

COUNT X

Tortious Conversion - Kevin Wilkerson, Josey Noel, and/or Gracy Noel

Plaintiff, State of Indiana ex rel. Todd Rokita, Attorney General of Indiana,

by and through its undersigned counsel, complains of Defendants Kevin Wilkerson,

Josey Noel, and/or Gracy Noel, and says:

120. The State restates and pleads each and every allegation contained in

the previous paragraphs, and those paragraphs are incorporated in Count X as if

wholly set forth herein.

121. Defendants Kevin Wilkerson, Josey Noel, and/or Gracy Noel

wrongfully received, exercised dominion over, and/or withheld public funds paid to

them and under a claim of title inconsistent with applicable law as provided in the

Audit Report.

122. Defendants Kevin Wilkerson, Josey Noel, and/or Gracy Noel retained

the use and benefit of public funds without justification, and to the detriment of the

State, and particularly to the detriment of the New Chapel EMS, Clark County

and/or Floyd County.

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 123. Defendants Kevin Wilkerson, Josey Noel, and/or Gracy Noel received a

measurable benefit, and it would be unjust if they were permitted to retain that

benefit.

124. Defendants Kevin Wilkerson, Josey Noel, and/or Gracy Noel conduct

constitutes tortious conversion, and in the alternate, unjust enrichment.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff, State of Indiana ex rel. Todd Rokita, Attorney

General of Indiana, by counsel, respectfully requests the Court:

(a) Award judgment against Defendants Jamey Noel, Misty Noel, Kasey Noel,

Kevin Wilkerson, Josey Noel, and/or Gracy Noel on each cause of action

asserted against them, respectively, in this Complaint for any and all

damages;

(b) Award judgment against Defendants Jamey Noel, Misty Noel, and/or Kasey

Noel, respectively, in an amount not exceeding three times the pecuniary loss

pursuant to Ind. Code § 34-24-3-1, plus attorney fees, and costs;

(c) Order Defendants Jamey Noel, Misty Noel, Kasey Noel, Kevin Wilkerson,

Josey Noel, and/or Gracy Noel to disgorge any and all ill-gotten gains

unjustly and wrongfully received;

(d) Award judgment in favor of Plaintiff for the costs of this action, including

reasonable attorney’s fees in accordance with Indiana Code 34-24-3-1, plus

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 post judgment interest at the maximum legal rate of eight percent (8%) per

annum; and

(e) Grant any and all other just and proper relief.

Respectfully submitted,

THEODORE E. ROKITA
Indiana Attorney General
Atty. No. 18857-49

By: /s/ Marielle Riedle_______

Marielle Riedle
Attorney No. 27375-53
Deputy Attorney General

/s/ Dane Kurth__________

Dane Kurth
Attorney No. 27212-29
Deputy Attorney General

/s/ Lydia Golten__________

Lydia Golten
Attorney No. 36440-49
Deputy Attorney General

OFFICE OF ATTORNEY GENERAL TODD ROKITA

302 West Washington Street
Ind. Government Center South, 5th Floor
Indianapolis, IN 46204
Ph: (317) 234-6783
Fax: (317) 232-7979

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