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Oklahoma awaits sentencing decision in Swadley’s BBQ state-fraud case
Brent Swadley’s sentencing hearing entered a second day Thursday, with a judge still expected to decide both punishment and restitution. A jury convicted the restaurant owner in May of conspiracy and five counts involving false claims to the state.
A sentencing hearing for Brent Swadley, owner of Swadley’s BBQ, continued Thursday, Oct. 22, with a decision expected after the proceedings moved into a second day. The judge had not yet ruled on restitution as of Wednesday, when the case moved past the restitution phase and into sentencing.
An Oklahoma jury found Swadley guilty in May of conspiring to defraud the state and five felony counts of presenting false or fraudulent claims. The case began in 2024, and Swadley is currently behind bars.
Prosecutors alleged that Swadley’s Foggy Bottom Kitchen submitted false invoices to the Oklahoma Department of Tourism and Recreation and instructed a restaurant-equipment supplier to create invoices with inflated amounts. The alleged scheme began in October 2019 and continued until the state canceled its contract with the restaurant group in 2022, according to the indictment.
The restaurant chain received $16.7 million from the state before the contract was canceled amid allegations of fraud and improper bidding, according to Attorney General Gentner Drummond. Drummond’s office has asked the court to sentence Swadley to 10 years.
The sentencing had been postponed several times. In July, Swadley’s defense sought the trial judge’s recusal, a request that contributed to the delay. Defense attorney David Smith described the procedure at the time: “The process is we have to visit her privately and ask her to do that. If she declines, we file a motion for it, and if the motions are not granted, then we take it up with the presiding district judge.”
The court’s decision will determine Swadley’s punishment and address restitution tied to public funds paid under the contract.