Oklahoma barbecue restaurant owner Brent Swadley found guilty in fraud trial

A jury convicted Brent Swadley, owner of a string of popular Oklahoma barbecue restaurants, at his fraud trial and chose prison time as his punishment.

The 12 jurors reached their unanimous verdict Thursday, May 28, in a felony case that focused on Swadley’s inflated bills for the renovation and operation of restaurants at six state parks.

Jurors found Swadley, 55, guilty of one count of conspiracy to defraud the state and all five counts of presenting fraudulent claims to the state.

They chose five years in prison and a $25,000 fine as his punishment for the conspiracy. They agreed on one year in prison and a $10,000 fine as punishment on each fraudulent claims count.

Oklahoma County District Judge Susan Stallings could order Swadley to serve the time back to back for a total of 10 years.

Jurors voted for the maximum fines but showed leniency on prison time. Jurors could have chosen prison sentences totaling 20 years.

Sheriff’s deputies led Swadley from the courtroom in handcuffs to be taken to jail. Formal sentencing was set for July 16.

His defense attorney, David Smith, said, “We are not done fighting.”

More: Ex tourism chief says he did not authorize inflated invoices from Brent Swadley

Still to be decided by the judge is restitution. Prosecutors said Swadley defrauded the state of at least $3.1 million.

The owner of Swadley’s Bar-B-Q did not testify at his trial but has been outspoken in the past that he is innocent.

“The state attorney general … is pushing a false, politically motivated narrative accusing us of purposely misleading the government. Nothing could be further from the truth,” he wrote in an open letter to Oklahomans in 2024 after he was indicted.

Jurors took only 90 minutes to reach their verdict. “It was pretty easy,” one juror told prosecutors afterward.

Attorney General Gentner Drummond, who is running for governor, told reporters outside the courtroom that the case was never political.

“Mr. Swadley broke the law. His arrogance has been illustrated for the last four years, and I’m very happy that justice has been done,” Drummond said.

Swadley trial ends in guilty verdict, AG Drummond ‘proud’ of prosecution

A jury unanimously found Brent Swadley guilty of defrauding the state, sentencing him to five years in prison and $25,000 fine.

“I think we in state government have a tendency to trust Oklahomans,” he added. “I think it’s a lesson for state actors. We need to not trust as we have before.”

In a news release, the attorney general said, “Today is a win for Oklahoma and for the rule of law.”

Swadley signed a contract with the state in March 2020 to remodel and operate state park restaurants. The agreement was finalized weeks before COVID-19 shutdowns began across the world.

Swadley went ahead with the remodeling, completing work at four of the parks in months. His restaurants became a huge hit as Oklahomans spent more time outdoors because of the pandemic.

Jurors heard testimony that many of the invoices sent to the state for reimbursement of construction and other costs were marked up. Some were inflated as much as 300%.Swadley operated the state park restaurants under the company name Swadley’s Foggy Bottom Kitchen. The last one opened in 2022. 

The Oklahoma Tourism and Recreation Department in April 2022 canceled its contract with Swadley’s Foggy Bottom Kitchen due to “suspected fraudulent activity and questionable business practices.”Much of the testimony centered around meat smokers sold to the state in 2021. The cancelation of the contracts came after tourism officials learned the smokers were used.

Swadley put the smokers in at Robbers Cave State Park and Quartz Mountain State Park. They had been in storage after he removed them from a Swadley’s Bar-B-Q in Ardmore.

He paid $23,680 each for the smokers in 2018, according to evidence in the case. He billed the state $51,346 each for the smokers in 2021.

A restaurant supplier testified at trial that he faked paperwork that Swadley used to support the bill to the state. “He told me to make them as expensive as I could,” Mike McWhorter told jurors.

Swadley’s defense attorneys maintained at trial that it was an understood standard business practice to inflate invoices.

“Their case is − and this is no joke − Brent Swadley was supposed to do all of this construction work and not make a dime,” Smith told jurors in his closing argument.

The attorney said Swadley became the fall guy for a mess created by Jerry Winchester, the executive director of the Tourism Department at the time, and Gino DeMarco, the deputy director.

Smith argued that Winchester knew the smokers were used and lied at trial. Winchester told jurors he thought the state was buying brand new smokers.

The defense attorney also told jurors, “What we’ve got here is a paperwork dispute, not fraud.”

Prosecutors told jurors Brent Swadley was greedy and had said the state contract might save his business during the pandemic.

“Brent Swadley believes the rules do not apply to him,” Assistant Attorney General McKenzie McMahan said in his closing argument.

The key witnesses against Swadley were former employees.

His former vice president, Curtis Breuklander, and former chief operating officer, Tim Hooper, testified invoices were marked up at Swadley’s direction.

Breuklander, 51, pleaded guilty to the conspiracy count and four of the fraudulent claim counts. “I did all of this at the direction of Brent Swadley,” he said in his plea paperwork.

Under a deal with prosecutors, Breuklander was sentenced to probation for 10 years. He stopped working for Swadley in September 2021.

Hooper, 57, also pleaded guilty to the conspiracy count. He pleaded guilty to one fraudulent claim count and no contest to another fraudulent claim count.

Under his deal, Hooper was put on probation for five years. He was fired by Swadley in 2023.

Under the state contract, Swadley’s Foggy Bottom Kitchen was reimbursed for the costs of improvements to the restaurants, up to a limit. The state also covered the company’s operating losses, at first up to $1 million a year and later up to $2,116,900 a year.

The state further paid the company management fees, at first $571,808 per year and later $1,332,000 per year.

Swadley is expected to appeal. His defense attorneys are expected to complain about the judge’s refusal to let two expert witnesses testify at trial.

(This story was updated to add new information.)