Ex-radio personality to plead guilty in fraud
 

Ex-radio personality to plead guilty in fraud

The former radio personality known on WDJX-FM as Todd Kelly will plead guilty to charges in connection with allegations that he faked Lou Gehrig's disease and cancer, then stole as much as $150,000 that had been donated for disease research, according to court records.

Federal court documents show that Kelly, whose real name is Todd Smith and who previously pleaded not guilty to charges of wire fraud and money laundering, is to appear Tuesday in U.S. District Court in Louisville to change his plea.

Phil Chance, a spokesman for the U.S. attorney's office, confirmed that Smith is scheduled to change his plea but said that he couldn't comment on the agreement. Smith's lawyer, Jamie Haworth, a federal public defender, couldn't be reached for comment.

Federal authorities have said Todd Smith first told his family, friends and co-workers that doctors had said he had Lou Gehrig's disease and would live only three to five years. In 2004, he announced that he also had developed bone cancer and might lose both legs, the FBI has said.

Smith's Todd Kelly Foundation, as well as Smith's friends, sponsored events to raise money for research. The FBI has said that Smith, of Louisville, used the money for personal expenses.

A federal grand jury in March alleged that Smith committed the offenses between Jan. 1, 2001, and April 30, 2006, according to the U.S. attorney's office.

His mother, Sybil Smith of Hardin County, who was treasurer of his foundation, has pleaded guilty to having knowledge of wire fraud and will be sentenced Sept. 6.

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Former DJ admits faking diseases, taking money
By Andrew Wolfson
awolfson@courier-journal.com
The Courier-Journal





The former radio personality known as Todd Kelly pleaded guilty today to fraud and money laundering in a scheme in which he falsely claimed he had Lou Gehrig’s Disease and cancer.

Kelly, whose real name is Todd Edward Smith, admitted in U.S. District Court he never had either ailment and that he spent $120,000 in contributions to fight Amyotrophic Lateral Sclerosis, or ALS, on himself.

Under a plea agreement, he agreed to serve seven years in prison and pay restitution of $74,270. He will be sentenced Dec. 10.

He faced a maximum penalty of 80 years in prison and a $1.6 million fine if he had been convicted at trial.

Smith, 37, also faces theft charges in Jefferson Circuit Court, but his public defender, Jamie Haworth, said he is expected to plead guilty to those charges as well. He is scheduled to appear there Aug. 27.

U.S. Attorney Dave Huber said at a news conference that “Louisville is a very giving community and the defendant took advantage of our generosity.”

First Assistant Commonwealth’s Attorney Harry Rothgerber Jr. urged that “people interested in eradicating ALS not let this affect their efforts.”

Assistant U.S. Attorney David Weiser said in court that Smith spent thousands of dollars of the money at liquor stores, restaurants, department stores and on travel, including to attend the NCAA Final Four. The scheme went on from 2001 to last year, Weiser said.

Magistrate Judge David Whalin, who accepted the plea, said Smith was “living a charade.”

Weiser and Assistant Commonwealth’s Attorney Todd Lewis said that most of the hundreds of victims who donated to fundraisers on Smith’s behalf have said that they want the restitution to go to legitimate ALS charities.

Whalin ordered Smith into federal custody and said he will decide within a couple of days whether he will remain there pending sentencing.

Reporter Andrew Wolfson can be reached at (502) 582-7189.
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