Citizen Report No. 1709493749 - 380630751

CLEET Number :  0022498

License Type :  Fulltime Peace Officer

License Status :  Active

License Effective Date :  08/18/2017

License Expiry Date :  N/A

This Current or Former Sheriff is a named defendant in the Federal Civil Rights action, Graff, et al v. ABERDEEN ENTERPRISES II, INC. et al, (Case 4:17-cv-00606-TCK-JFJ).  This is a Civil Rights action arising under 42 U.S.C. § 1983, 18 U.S.C. § 1964(c) (“RICO”), and the Fourth and Fourteenth Amendments to the United States Constitution.  

The main purpose of “RICO”, the Organized Crime Control Act”, is "to seek the eradication of organized crime in the United States." - Statement of Findings and Purpose of the Organized Crime Control Act, 84 Stat. 923.

U.S.C. § 1964(c) is the Federal Statute that allows for civil remedies to be awarded to victims, and states that if the Court finds in favor of the plaintiff(s), they shall recover threefold the damages he sustains and the cost of the suit, including a reasonable attorney’s fee.

The lawsuit challenges a statewide extortion scheme that jails impoverished Oklahomans, while generating revenue for the Sheriff’s Association, Courts, and a private debt collection agency [Aberdeen Enterprises II, Inc.].  The law suit alleges that these Sheriffs act as the enforcers of the extortion scheme.  An amended complaint also details the participation of county judges, court clerks, and cost administrators in this system.

Defendants allegedly:

“routinely arrest and jail individuals pursuant to [...] debt-collection arrest warrants that are based solely on nonpayment.” [4:17-CV-606-TCK-JFJ]

The Oklahoma scheme violates constitutional principles established by the Supreme Court that prohibit an individual from being jailed solely because he/she is too poor to pay court debts. 

“referral of debt collection to Aberdeen violates the Fourteenth Amendment prohibition against government law enforcement actors . . . having a direct and personal financial stake in the cases under their authority.”

[10th Cir. Appellsate Case 21-0531, Published Opinion pg 18]

“policy and practice of subjecting individuals who owe court debt to onerous collection enforcement methods” violates the Fourteenth Amendment.”

 [10th Cir. Appellsate Case 21-0531, Published Opinion pg 18]

“Counts Eight (abuse of process), Nine (duress), and Ten (unjust enrichment) are all state law claims alleged against Aberdeen and the OSA.” 

[10th Cir. Appellsate Case 21-0531, Published Opinion pg 19]

The case began in 2017 and was dismissed in error.  Upon appeal to the 10th Circuit Court of Appeals [Case # 21-5031], the case was remanded back to the Oklahoma Northern District where it continues to be litigated currently.  As of the date of this report litigation is still ongoing and the case was confirmed to be “active” by the Clerk of Courts for the U.S. District Court for the Northern District of Oklahoma. [02/21/2024].

The Sheriff’s Association “received more than $2 million from Aberdeen Enterprizes II between 2017 and 2021. The sheriff’s association received more than $415,000 from the arrangement in 2021, accounting for nearly 40% of the organization’s total revenue.” 

“The collection agency tacks on a 30% collection fee, which is split with the sheriff’s association after payment is received.”- Oklahoma Watch

The lawsuit seeks to establish class action status for thousands of Oklahomans who have been subjected to extortionate debt collection practices and unlawful detention by the defendants. The Plaintiffs have garnered support from many Civil Rights organizations, including, but not limited to: The Oklahoma Policy Institute, Public Justice, Cato Institute, Institute for Justice, Georgetown Law’s Institute for Constitutional Advocacy and Protection, and Civil Rights Corp.

In addition to JIM D. SHOFNER and ROB SHOFNER of ABERDEEN ENTERPRIZES, II, INC. - 

Oklahoma Public Official Defendants include:

The OKLAHOMA SHERIFFS’ASSOCIATION; Current Board Members are:

Damon Devereaux, President; Chris Bryant, 1st Vice President; Charlie Doughert, 2nd Vice President; Shane Booth, Secretary/Treasurer; Chris West, Past President; Bret Bowling, Northeast Regional Chairman; Chriss Elliot, Board Member; Larry Lane, Southeast Chairman; Tony Head, Board Member; Steve Kelley, North Central Chairman; Joe Harper, Board Member; Jim Mullett, South Central Chairman; Andy Cumberledge, Boardmember; Kevin Mitchell, Northwest Chairman; Clay Sander, Board Member; Roger Reeve, Southwest Chairman; Joe Janz, Board Member.

The BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF TULSA; and The BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ROGERS; 

JUDGE DAWN MOODY; JUDGE DOUG DRUMMOND; JUDGE WILLIAM J. MUSSEMAN, JR; DON NEWBERRY, Tulsa County Court Clerk; DARLENE BAILEY, Tulsa County Cost Administrator; JUDGE TERRELL S. CROSSON; KIM HENRY, Rogers County Court Clerk.

Additional Sheriff Defendants Include:
VIC REGALADO, Sheriff of Tulsa County; SCOTT WALTON, Sheriff of Rogers County; JASON RITCHIE, Sheriff of Adair County; RICK WALLACE, Sheriff of Alfalfa County; TONY HEAD, Sheriff of Atoka County; RUBEN PARKER, JR., Sheriff of Beaver County; TRAVIS DAUGHERTY, Sheriff of Blaine County; CHRIS WEST, Sheriff of Canadian County; CHRIS BRYANT, Sheriff of Carter County; JASON CHENNAULT, Sheriff of Cherokee County; CHRIS AMASON, Sheriff of Cleveland County; BRYAN JUMP, Sheriff of Coal County; HEATH WINFREY, Sheriff of Craig County; BRET BOWLING, Sheriff of Creek County; MARK BERRY, Sheriff of Delaware County; CLAY SANDER, Sheriff of Dewey County; CORY RINK,Sheriff of Garfield County; JIM WEIR, Sheriff of Grady County; SCOTT STERLING, Sheriff of Grant County; THOMAS MCCLENDON, Sheriff of Harper County; MARCIA MAXWELL, Sheriff of Hughes County; ROGER LEVICK, Sheriff of Jackson County; JEREMIE WILSON, Sheriff of Jefferson County; GARY DODD, Sheriff of Johnston County; STEVE KELLEY, Sheriff of Kay County; DENNIS BANTHER, Sheriff of Kingfisher County; ADAM WOODRUFF, Sheriff of Latimer County; RODNEY DERRYBERRY, Sheriff of LeFlore County; MARTY GRISHAM, Former Sheriff of Love County; DONALD YOW, Sheriff of Marshall County; MIKE REED, Sheriff of Mayes County; KEVIN CLARDY, Sheriff of McCurtain County; KEVIN LEDBETTER, Sheriff of McIntosh County; DARRIN RODGERS, Sheriff of Murray;  County; JASON MCCLAIN, Sheriff of Nowata County; STEVEN WORLEY, Sheriff of Okfuskee County; EDDY RICE, Sheriff of Okmulgee County; EDDIE VIRDEN, Sheriff of Osage County; DAVID DEAN, Sheriff of Ottawa County; DARRIN VARNELL, Sheriff of Pawnee County; JOE HARPER, Sheriff of Payne County; MIKE BOOTH, Sheriff of Pottawatomie County; B.J. HEDGECOCK, Sheriff of Pushmataha County; BRIAN SMITH, Sheriff of Roger Mills County; SHANNON SMITH, Sheriff of Seminole County; LARRY LANE, Sheriff of Sequoyah County; MATT BOLEY, Sheriff of Texas County; BILL INGRAM, Sheriff of Tillman County; CHRIS ELLIOT, Sheriff of Wagoner County; RICK SILVER, Sheriff of Washington County; ROGER REEVE, Sheriff of Washita County; RUDY BRIGGS, JR., Sheriff of Woods County; KEVIN MITCHELL, Sheriff of Woodward County; TONY ALMAGUER, Former Blaine County Sheriff; NORMAN FISHER, Former Cherokee County Sheriff; TODD GIBSON, Former Cleveland County Sheriff; HARLAN MOORE, Former Delaware County Sheriff; JERRY NILES, Former Garfield County Sheriff; JON SMITH, Former Johnston County Sheriff; JESSE JAMES, Former Latimer County Sheriff; ROB SEALE, Former LeFlore County Sheriff; DANNY CRYER, Former Marshall County Sheriff; SANDY HADLEY, Former Nowata County Sheriff; JEREMY FLOYD, Former Ottawa County Sheriff; MIKE WATERS, Former Pawnee County Sheriff; R.B. HAUF, Former Payne County Sheriff; DARREN ATHA, Former Roger Mills County Sheriff; BOBBY WHITTINGTON, Former Tillman County Sheriff.