Case Document '1 Filed 11/13/19 Page 1 of 4 PagelD 1 FILE UNITED STATES DISTRICT COURT :55, SOUTHERN DISTRICT OF INDIANA Us 2019 INDIANAPOLIS DIVISION ma?mggf?a 3 (IVFFICE UNITED STATES OF AMERICA, Plaintiff, Cause No. v. - . . DENNIS TYLERDefendant. INDICTMENT General Allegations The Grand Jury charges: '2 1. At times material to this indictment: The City of Muncie (?Muncie?) was a unit of -loCal government, and a political subdivision of the State of Indiana; The. functions and services provided by Muncie were coordinated through various agencies and departments. Muncie received federal assistance in excess Of $10, 000 during the one-year period beginning January 1, 2015, and ending December 31, 2015. 3. DENNIS TYLER was the Mayor of Muncie, and was elected to that position In 2012. 4. As Mayor, pursuant to Indiana COde, TYLER was the city exeCutiVe and head of the executiVe branch. powers and duties included supervising subordinate of?cers, signing bonds, deeds,- and contracts. of the city, and .japproving licenses issued by the city; TYLER was further responsible for overseeing Muncie?s Case Document 1 Filed 11/13/19 Page 2 of- 4 PagelD 2 departments and agencies. 5; The of?ce of Muncie Community Development, the Board or Public Works and Safety, and the Muncie Redevelopment Commission are agencies or departments- within Muncie. 6. Tracy Barton was Muncie?s Superintendent of Sewer Maintenance and - Engineering for the Muncie Sanitary District He was appointed to the pdsition: in 2013. The MSD was a special unit of goVern'ment created under Indiana State Law by an action of an ordinance of Muncie adopted in 1968. 7. . Per-Son A was the owner of Company A. Company A was incorporated in Gaston, Indiana, and-performed demolition, excavation, and construction services in Muncie. At times material to this Indictment, Company A was awarded jobs for public work projects performed for Mu'ncie. COUNT ONE (Theft of Government Funds, 18 U.S.C. 66612111111311 8. Beginning in or about 2014, and continuing through on or about August 25, ?2016, in the Southern District of Indiana and elsewhere, I DENNIS TYLER, i the defendant, being an agent of Muncie, Indiana, a local government that received in excess of $10,000 frOm January 1, 2015, and December 31, 2015, otherwise than as provided for by law for the proper discharge of his of?cial duties, directly and indirectly accepted and agreed to accept, something of value from Person A, through Tracy Barton, that is, $5,000, for or because of any o?icial act performed or to be 2 Case Document 1 Filed 11/13/19 Page 3 of 4 PageID 3 performed by TYLER, that is, the awarding of contracts under in?uence or control to Company. A. All of which is a violation of Title 18, United States Code, Sections MFEITURE Pursuant to Federal Rule of Criminal Procedure 32.2, the United States hereby noti?es the defendant that it will seek forfeiture of preperty pursuant to Title 18, United States Code, Sections pursuant to Title 18, United States Code, Sections 1956(c)(7)(D) and 981(a)(1)(C) and Title 28, United States Code, Section 2461(c). 10. The allegations in Count One of this Indictment are hereby re-alleged and incorporated by reference for the purpose of alleging forfeitures pursuant to Title 18, United States Code, Sections 1956(c)(7)(D) and and Title 28, United States Code, Section 2461(0). 11. Upon convictiOn of the o??enSe in violation of Title 18, United States Code, Section 666 set forth in Count One of this Indictment, the defendant, DENNIS TYLER, shall forfeit to the United States of America, pursuant to Title 18, United States Code, Sections 1956 and 981(a)(1)(C) and Title 28, United States Code, Section 2461(c): a; any, property, real or perSonal, Constituting or is derived from proCeeds the defendant obtained directly or indirectly as a the result of the offense; or Case Document 1 Filed 11/13/19 Page 4 of 4 PagelD 4 b. a sum of money equal to the total amount of theproceeds of the offense, which is $5,000.00. 12. If any of the property described above, as a result of any act 0r omission of the defendant[s]: a. cannot be located upon the exercise of due diligence; b. has been transferred or sold to, or deposited with, a third party; . c. has been placed beyond the jurisdiction of the court; d. has been substantially diminished in value; or e. has been commingled with other property which cannot be divided without dif?culty, the United States of Ainerica shall be entitled to forfeiture of substitute property pursuant to Title 21, United States Code, Section 853(p), as incorporated by Title 28, United States Cede, Section 2461(c). All pursuant to 18 U.S.C. 1956(c)(7)(D) 981(a)(1)(C) and 28 U.S.C. 2461(c). A TRUE BILL: JOSH J. MINKLER United States Attorney Tiffa . 3 Assist at United States Attorney