Ex-TN Senator Receives 21-Month Jail Term for Campaign Finance Fraud

Former Tennessee State Senator Sentenced to Prison for Campaign Finance Charges

NASHVILLE, ⁣Tenn.—In a dramatic turn of events, former Republican Sen. Brian Kelsey has been sentenced⁣ to 21 months ​in ‌prison for federal campaign finance charges. ⁤Kelsey, who initially dismissed the case ⁤as a “political witch hunt,” attempted to retract his guilty plea but was unsuccessful.

The sentencing took place in U.S. District Court in Nashville, where Kelsey ⁣was found guilty of attempting to divert campaign ​funds from his legislative‍ seat to support his unsuccessful 2016 congressional bid. However, he​ won’t begin serving his prison sentence until October.

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U.S. Judge Waverly Crenshaw, who presided over the case, emphasized the need for a sentence that sends a message of general deterrence.‌ Crenshaw stated, “I do think there’s a need to sentence you that ‍sends a message for general deterrence.”

Kelsey’s plea to ⁢withdraw his guilty plea ‌was based on ‍personal circumstances, including ⁢his father’s terminal pancreatic cancer and the birth of his twin sons. However, the court denied his request, leading⁤ to the sentencing.

Prior to his guilty plea, Kelsey had maintained his innocence, often ⁤claiming that he was being targeted by Democrats. However, he changed his stance after his co-defendant, Joshua Smith, pleaded guilty and agreed ⁢to cooperate with federal authorities. Smith received a sentence of five ‍years of probation.

Recently, federal prosecutors accused Kelsey of intentionally delaying his sentencing by changing his legal defense team.

The courtroom was filled with Kelsey’s friends and family, who were visibly emotional as ⁣Crenshaw explained the reasons behind the 21-month prison sentence. Kelsey expressed remorse, ⁤stating, “I’m truly sorry for the actions that⁢ led me here today. I ⁤knew I ‌was taking a risk and​ yet ​I did it anyway ‌and in doing so,‌ I broke the law.”

Initially, prosecutors had requested 41 months of prison time, portraying Kelsey as a ​”sophisticated mastermind” behind a complex campaign scheme. However, Kelsey’s attorneys argued that he had only crossed a “very small line” and that the government sought a harsher punishment due to his perceived lack of remorse.

Crenshaw noted that out of the four character witnesses, only one mentioned Kelsey’s regret for his actions. Former Democratic state Rep. John DeBerry, who worked closely with Kelsey in the Tennessee Statehouse, stated, “Life is about ⁢living with consequences. When we⁤ lose ourselves, you forget you got to⁣ do it the ‍right ⁢way every time.”

In October 2021, Kelsey and Smith were indicted on multiple counts⁣ related to campaign finance violations. The⁤ indictment alleged that they illegally concealed the transfer ⁢of funds from Kelsey’s campaign committee and a nonprofit organization to a national political organization.​ Prosecutors claimed that ‍Kelsey ⁤and others‍ coordinated on advertisements and caused ⁣the nonprofit to file false reports to the Federal Election Commission.

One of the co-conspirators, former Tennessee Rep. Jeremy Durham, cooperated with federal officials and has ⁣not ‍faced any charges. Kelsey’s attorney argued that since Durham wasn’t facing‍ prison⁣ time, their client shouldn’t either. However, Crenshaw disagreed, highlighting the early cooperation of Durham and others with⁢ federal authorities.

Kelsey, a 45-year-old attorney from Germantown, was first ​elected to the ⁢General Assembly in 2004.