New timeline for filing as Judge extends Reagor sentencing date

LUBBOCK, Texas (KCBD) - Federal agencies and defense attorneys for Bart Reagor now have a new timeline to file documents related to Reagor’s sentencing for false statement to a bank, after the judge extended the date for Reagor’s sentencing hearing.

Reagor’s sentencing hearing date was initially set for February 24, 2022. On Wednesday, U.S. District Judge Matthew Kacsmaryk extended the sentencing hearing date to March 10, 2022.

Reagor’s defense team requested on Monday to extend the filing period, after the U.S. Probation Office presented its draft presentence report on December 20.

The defense claims the draft report, which is unopposed by the government, encompasses activities related to the floor plan fraud/check kiting scheme as “relevant conduct,” which they say could expand Reagor’s potential sentence to “324 to 405 months,” or 27 to 33.75 years. Reagor’s original maximum sentence is 30 years in prison.

Reagor-Dykes Chief Financial Officer Shane Smith and 14 other RDAG employees pleaded guilty to wire fraud charges related to the floor plan fraud and check-kiting scheme, something Smith says he didn’t tell Reagor or Rick Dykes about, in an effort “to keep RDAG alive.” The defense claims the International Bank of Commerce only identified the distributions a year later because of the fraud they say did not involve Reagor.

Smith and Legal Compliance Director Steven Reinhart are the last RDAG employees awaiting sentencing for fraud charges. They are scheduled to appear before U.S. District Judge Matthew Kacsmaryk on January 20, 2022, at 1:30 p.m. in the U.S. Courthouse in Amarillo.

With the Judge granting the extension request, Reagor’s defense attorneys now have until January 18 to file written objections to the Probation Office’s presentence report.

The Judge’s new timeline says motions to expand or reduce the potential sentence from the original guidelines must be filed no later than February 16, 2022.

Reagor’s March 10 sentencing hearing will take place in the U.S. Courthouse in Amarillo, at 10 a.m.

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