NASHVILLE, Tenn. (WTVF) — A judge sentenced former state Sen. Brian Kelsey to 21 months in federal prison for charges related to his congressional run in 2016.
Kelsey, 45, admitted that he secretly funneled money from multiple sources, including his own state Senate campaign committee, to his congressional campaign committee in violation of federal law. He also illegally coordinated with a separate political action committee.
Following months of back and forth in which the Shelby County Republican had tried to recant his guilty plea, the 18-year member of the Tennessee legislature stood before U.S. District Judge Waverly Crenshaw and finally accepted responsibility.
"I'm Brian Kelsey, and I'm a felon," the former lawmaker said in beginning his plea for mercy.
Judge Crenshaw, saying that Kelsey's acceptance of responsibility was "better late than never," imposed the sentence following a three-hour hearing that included glowing testimony from family friends vouching for the husband and father of three young children.
Kelsey's lawyer had pushed for probation, while prosecutors argued for a 41-month sentence.
“These actions were serious,” Crenshaw said. “They were deliberate, and they are actions that deserve punishment.”
Kelsey's wife, Amanda, sitting on the front row of the packed courtroom, briefly covered her eyes as Crenshaw announced his decision.
The judge ordered him to report to federal prison on or before Oct. 20th.
Following that hearing, one of Kelsey's co-conspirators, Josh Smith, operator of The Standard social club in downtown Nashville, was sentenced to five years probation for his role in the scheme.
Smith used his own political action committee, the Standard Club PAC, as a conduit to illegally funnel thousands of dollars from Kelsey's state campaign committee to his congressional committee.
"I did it, I broke the law and I am very sorry about that," Smith said, noting that he had brought his children with him so that they could learn from his mistake.
Judge Crenshaw said that Smith was "infatuated" with the politicians who hung out at the Standard and became "an unknowing pawn" that Kelsey used to accomplish his scheme.
Other co-conspirators who participated in the scheme were identified in court as former Tennessee state Rep. Jeremy Durham, R-Franklin, and Republican donor Andy Miller. Prosecutors admitted that both received non-prosecution agreements in exchange for their cooperation.
Statement from Brian Kelsey pic.twitter.com/QKcDgwZaAI
— Phil Williams (@NC5PhilWilliams) August 11, 2023
Kelsey’s lawyer, Alex Little, had argued that such campaign tactics are so common in modern-day politics that they often go unpunished.
“This is a regulatory crime, it is not a crime of corruption,” Little told the judge.
“The line we are talking about here is very small, and he is being sentenced because he has pled guilty to crossing that line.”
Prosecutor John Taddei argued that voters were the victims because they’re were deprived of their ability to know who was really financing Kelsey’s bid for Congress — an argument echoed by his boss following the sentencing hearing.
“Brian Kelsey intentionally violated federal campaign finance laws and his oath as a state senator in order to deny Tennessee voters their right to make informed decisions about his candidacy for Congress,” said U.S. Attorney Henry C. Leventis for the Middle District of Tennessee.
“The court’s sentence today reflects the seriousness of his crimes and is a strong reminder of our commitment to root out public corruption and ensure the integrity of federal elections.”
The FBI Memphis Field Office investigated the case.
“The sentence handed down today makes it clear that no one is above the law,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division.
“The FBI diligently investigates campaign finance fraud to ensure that U.S. elections are free from unfair influence, and anyone caught attempting to scheme their way into office will be held accountable.”
