Hearing continued for Marmaduke men

Defense attorneys for former Marmaduke superintendent Jerry Don McIntosh and former bus drivers Mike and Mark Graham have been granted a continuance for a hearing stemming from a charge each of conspiracy to commit mail and wire fraud in an attempt to defraud the Arkansas Teacher Retirement System.

The new date for the hearing is 9 a.m. Nov. 18 in Little Rock. U.S. District Judge Bill Wilson will preside over the hearing.

According to a press release from the United States Attorney's office, the three were accused of knowingly misrepresenting the amount of time the Grahams worked at the Marmaduke School District. The brothers were contracted to drive buses from 1998 to 2002.

By continuing to work for an Arkansas school, the Grahams, both of whom had previously worked for public schools, were able to increase their accrued time, resulting in increased retirement benefits.

However, the indictment claims the Grahams were not fulfilling their obligations, despite paperwork which attested they did so. The indictment claims substitute drivers would take their routes, and then receive payment from the Grahams.

As superintendent at the time, McIntosh is accused of issuing false quarterly statements, misrepresenting the actual time worked by the Grahams. The information would go from McIntosh to the Arkansas Teacher Retirement System.

The retirement benefits for Arkansas public school district employees are calculated based on the years of service the employee accrues. With the additional time garnered through their contracts at Marmaduke, the Grahams received additional benefits.

The Grahams have been receiving benefits since retiring -- since July 2001 for Mark Graham and July 2002 for Mike Graham -- until now. Without the additional time contracted at Marmaduke, the Grahams reportedly would not have been eligible for benefits until 2014.

Bill Bristow is the attorney for the Grahams, while Bill Stanley is representing McIntosh.