[BobbyB]

Todd Kelly may face federal charges

Jan 5, 2007 05:52 PM EST

Feds may prosecute Kelly for faking ALS





By Eric Flack

(LOUISVILLE) -- WAVE 3 has been asked to cooperate in a new federal investigation into Todd Kelly. The former radio personality already faces theft charges in state court for faking ALS and stealing as much as $150,000 in donations meant for other ALS victims. WAVE 3 Investigator Eric Flack has the latest as Kelly's case moves to the federal level.

For more than five years, Kelly claimed to have ALS. He then raised as much as $150,000 from people across the city, state and region to fight the disease. But state investigators say Kelly was a fake.

He doesn't have ALS, and records show he spent all the money his ALS foundation raised on himself -- on everything from liquor to limos to trips.

In the process, he fooled a lot of people into helping him, including our own Dawne Gee, who once considered herself a personal friend of Kelly's.

"Unfortunately, I probably emceed everything that he had," Dawne said. That's because we were friends, and I certainly believe in helping people with muscular dystrophy."

When asked how she felt about being duped into helping Kelly raise money for his bogus foundation, Dawne had this to say: "I don't have regret I got pulled in with Todd; I have regret that any person would ever fake a disease like ALS that so many people are dying from, and take money from needy people."

On Thursday, the FBI and U.S. Attorney's office met with Dawne for nearly 90 minutes as part of their federal investigation.

Kelly and his mom, Sybil Smith, already face theft charges in state court for the alleged scam.

But WAVE 3's legal analyst Bard Adams says federal charges would up the ante in a big way. "You will have more penalty available in the state case than the federal case. Possibilities of probation or shock probation in the state case -- you don't have those in the federal case, you don't have that in federal court."

State prosecutors say Kelly turned down a plea bargain last summer that would have kept his case out of federal court. And should the US Attorney's office file charges within the next couple weeks, the feds will get jurisdiction over the case.

That could end up doubling Kelly's prison time if convicted.

"I will tell you if the proof is what the media says that it is," Adams said, "he probably should have jumped at that in order to keep the feds out of this case."

Gee said she told the federal investigators everything she knew, but had little insight into what they seemed most interested in: tracking all that money.

"That's just something that didn't have anything to do with me. I was just the smiling face that welcomed people into the door when they spent their money. I just didn't have anything to do with the money."

The U.S. Attorney's office and the FBI had no comment on the investigation into Kelly. They had previously served WAVE 3 with a grand jury subpoena for the stories we reported uncovering Kelly's alleged scam.

Kelly has been held at metro corrections for months, unable to come up with the $10,000 bond to secure his release before he stands trial.

His trial in Jefferson County is set to begin February 13th.

Online Reporter: Eric Flack

Online Producer: Michael Dever
http://www.wave3.com/Global/story.as...96218&nav=0RZF

[BobbyB]

Saturday, January 20, 2007 E-mail this | Print page


Former DJ rejects plea bargain
Now theft case may go to federal court

By Jason Riley
jriley@courier-journal.com
The Courier-Journal



A former WDJX radio personality accused of stealing as much as $150,000, donated to battle a fatal disease, said he was innocent and turned down a plea offer in Jefferson Circuit Court yesterday.

Now Todd Kelly Smith likely will be indicted in federal court in the next few weeks, and if he's convicted, the possible prison sentence would be much stiffer, according to Assistant Commonwealth's Attorney Todd Lewis.



Smith, 36, and his mother, Sybil Smith, 68, were each indicted on 11 charges of felony theft.

Sybil Smith also turned down a plea offer from the commonwealth's attorney's office. Neither the prosecution nor defense would discuss details of the plea offer.

"There was an expectation by the commonwealth's attorney that they might plead guilty to avoid federal indictment," said David Mejia, Sybil Smith's attorney. "But … that's not going to happen."

Had the Smiths been convicted in Circuit Court, they could have faced a maximum sentence of 20 years and been eligible for parole in five years.

Now, Lewis said, the minimum sentence for a conviction in federal court would be nine years with no chance of parole.

The prosecution alleges that the Smiths began raising money in late 2002 for the Todd Kelly Foundation, which was formed about a year after he announced he had been diagnosed with amyotrophic lateral sclerosis, also known as Lou Gehrig's disease, which paralyzes and eventually kills its victims.

The foundation was formed purportedly to raise money for ALS research.

The pair collected between $75,000 and $150,000 in donations through at least 10 fundraisers, according to court records.

But prosecutors say Todd Kelly Smith doesn't have ALS and that the money never made it to ALS patients, research or any charitable purposes, as the Smiths had promised.

Lewis has said hundreds of people donated to the foundation.

An assistant state attorney general was also in court yesterday, trying to determine if any of the donated money is left and could be given to a qualified ALS foundation.

Todd Smith is being held at Louisville Metro Corrections in lieu of a $35,000 cash bond. His attorney, Mike Ferraraccio, asked Circuit Judge Mitch Perry to reduce that bond or free Todd Smith on a pre-trial release program where he would be monitored.

Lewis objected, telling Perry that a federal grand jury would begin looking at the Smiths' case as soon as next week.

If the Smiths are indicted in federal court, the Jefferson County prosecutors likely would drop their case, Lewis said.

Sybil Smith, who is in poor health, has been released on her own recognizance. She declined to comment.

Reporter Jason Riley can be reached at (502) 582-4727.

[BobbyB]

Ex-DJ, mother face more federal charges
By Jim Adams
jadams@courier-journal.com
The Courier-Journal



A former WDJX-FM radio personality and his mother -- who are already facing charges in Jefferson Circuit Court of theft of as much as $150,000 -- were each charged with mail fraud and wire fraud in a criminal complaint filed in U.S. District Court in Louisville this morning.

The complaint and an attached affidavit, both signed by FBI agent Lawrence D. Elbert, set out some new details of the alleged scheme, which also is the basis for the state charges.

Todd Edward Smith, known on the air as Todd Kelly, is accused of falsely claimed to be suffering from Lou Gehrig's Disease and bone cancer.

The documents allege that he set up a foundation, the Todd Kelly Foundation, and raised money for research into the disease, also known as amyotrophic lateral sclerosis, or ALS, promising that "over 80 cents of every dollar you give goes straight to scientific research."

In fact, the affidavit claims, Smith's medical records "do not reflect any diagnosis or treatment for either ALS or cancer, and his primary care physician never diagnosed him with either ailment."

In addition, Smith's mother, Sybil Smith, told Elbert that "she is not aware of any funds from the Foundation being donated to ALS research," the affidavit says.

Todd Smith used foundation funds "to pay for thousands of dollars of his own personal expenses, including car payments, car insurance payments, cable and telephone bills, meals at restaurants, limousines, vacations and alcohol," the FBI agent alleged in the affidavit.

The U.S. attorney's office in Louisville identified Todd Smith as being 36 years old, with an address of 1308 Blackberry Drive in Jefferson County. Sybil Smith, who is in her late 60s, lives at 203 Woods Road in Hardin County, the office said.

Each has been charged with 11 counts of felony theft in indictments in Jefferson Circuit Court in connection with the fund-raising for the foundation, which began in 2002 after Smith's public statements about his health beginning in 2001. Both have pleaded not guilty to the state charges.

Spokesmen for the Jefferson commonwealth's attorney could not be reached immediately today to address the impact of the federal charges on the state case.

Sybil Smith, who has health problems, has been summoned to appear in federal court Feb. 20. Todd Smith remains in the Jefferson County Jail under the state charges. After Smith's first hearing in federal court, which has not been scheduled, the U.S. attorney will have 30 days to present the matter to a grand jury.

U.S. Attorney David L. Huber said it is "unusual but not unheard of" for a defendant to face charges in both state and federal court at the same time.

Attempts to resolve the state case with a plea bargain fell through in mid-January.

Todd Smith's lawyer in the state case, Michael J. Farraraccio, said it has been his understanding that the state charges would be dismissed if charges were brought in federal court. But he said he had not heard of any changes in the state case.

Reporter Jim Adams can be reached at (502) 582-4199.