McIntosh trial date is June 16

McIntosh, along with brothers Ray Mike Graham and James Mark Graham, were indicted in May 2008 by U.S. Attorney Jane Duke for conspiracy to commit mail and wire fraud in an attempt to defraud the Arkansas Teacher Retirement System (ATRS).

In August of last year, the indictments against the Grahams were dismissed at the request of the prosecution. Duke has since publicly stated the brothers have made a deal with prosecutors. The deal required the Grahams to make full restitution of the benefits received. James Graham was required to pay $121,098.38, while Ray Graham had to repay $106,450.60 to the ATRS. The payments were required in lump sums. Also as per the agreement, the Grahams will have mandatory contact with a probation officer for 18 months.

The investigation into the matter dates back to 2005.

According to the indictment, Ray Graham, a former teacher for the Marmaduke School District, was contracted as a bus driver from 1990 to 2002. James Graham, a former teacher in the Knobel and Greene County Tech School Districts, was contracted to drive buses at Marmaduke from 1993 to 2001. The indictment claimed the Grahams entered into the bus driving contracts in order to accumulate the years of service needed to be eligible for early retirement benefits from the ATRS. It also claimed neither Graham drove buses enough days to accrue the required period of service. In order to obtain credit for a full year of service, the employee must work at least 120 days during the school year.

The indictment claimed McIntosh "would provide and cause to be provided information from the Marmaduke School District to ATRS stating that Ray Mike Graham and James Mark Graham had worked the required number of days to be eligible for early retirement benefits."

The indictment also stated each Graham "endorsed the paychecks he received for driving the bus and paid the funds to the persons known to the Grand Jury who had actually driven the bus." The indictment said these practices occurred from on or before Sept. 10, 1998. James Graham reportedly began receiving monthly retirement benefits in July 2001. Ray Graham is said to have received monthly benefits beginning July 2002.

McIntosh will appear before U.S. District Judge William R. Wilson Jr. at the trial.