Attorney General's News Release

July 16, 1996

Former operator of Carthage grain elevator pleads guilty to 29 criminal charges

Carthage, Mo. — The former operator of a grain elevator in Carthage pleaded guilty today to charges that he stole grain valued at $384,000 from 25 southwest Missouri farmers.

Marion Scott Hicks Jr. was charged by Attorney General Jay Nixon and Jasper County Prosecutor David Dally last January with 25 counts of stealing grain stored at his elevator, Southern Missouri Grain, during a period from January 1994 to July 1995.

Hicks also had been charged with three counts of writing checks with insufficient funds to buy grain and one count of falsifying records and documents in order to mislead Missouri Department of Agriculture officials from discovering that he was operating as an unlicensed grain warehouse. Charges were filed after an extensive review of the company's records by Department of Agriculture officials.

“Taking money by deceit from hard-working farmers is nothing short of theft,” Nixon said. “Our goal is to seek punishment for the criminal actions and restitution for the farmers who lost money in this scheme.”

Sentencing for Hicks is scheduled for Sept. 10 following a presentence investigation by the Missouri Department of Corrections. In addition to any imprisonment, probation or fines, the court also may order Hicks to pay restitution to his victims.

Prosecutors had charged that area farmers brought grain to Hicks for storage and that Hicks immediately sold the grain. When a farmer who believed that he had grain stored at Hicks' facility requested his grain, or payment for the value of his grain, Hicks would sell another farmer's grain in order to pay the first farmer.

The scheme collapsed when a shortage of available grain to store in the elevator left Hicks without grain to sell to pay farmers whose grain he had sold earlier. The charges for stealing concerned 25 farmers who were left without grain or payment.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818