An Owensboro lawyer, two other employees at his practice, and another two individuals have all been indicted on charges stemming from a case brought about by Kentucky’s Office of Medicaid Fraud and Abuse Control. Charges include exploitation and the use of forged instruments, such as false documents pertaining to a power of attorney and an irrevocable qualifying income trust.
All five individuals were indicted by an Ohio County grand jury on July 15. The Office of Medicaid Fraud and Abuse Control investigated the case. Assistant Attorneys General Linsey Hogg and Emily Campbell presented the case before the Ohio County Grand Jury on behalf of the Commonwealth.
Documents from Ohio County Circuit Court show that the parties charged include Darron L. Brawner, 50; Jana M. Brawner, 38; Kristy Burchfield, 55; Douglas Key, 57; and Kyle L. Nixon, 31.
Darron Brawner is the founder and senior attorney at Western Kentucky Elder Law, according to the company’s website. The company is located at 1302 Frederica Street but Brawner resides in McLean County, according to the website and court documents.
The company website shows that Darron’s wife Jana Brawner handles accounting for the firm, and that Burchfield, a Daviess County resident, is the secretary and receptionist.
Key, of Clarkson, and Nixon, of Hardinsburg, are not listed on the website, and Owensboro Times was unable to find information on their current employment status by the time of publication.
Darron Brawner and Key have each been charged with:
- One count of (complicity) knowing exploitation of an adult, resulting loss of more than $300 (Class C felony)
- Four counts of (complicity) criminal possession of a forged instrument in the second degree (Class D felony)
Court documents show the “forged instrument” refers to false documents pertaining to power of attorney, limited power of attorney, deed of conveyance, and an irrevocable qualifying income trust.
Burchfield and Nixon have been charged with two counts each of (complicity) criminal possession of a forged instrument in the second degree, while Jana Brawner faces one count of that charge.
According to the indictment for Darron Brawner, the exploitation charge stems from incidents in Ohio County from July 16, 2019, through April 30, 2021, when “acting alone or in complicity with another or others … he obtained or used [the victim’s] resources, including, but not limited to funds, assets, or property, by deception, or similar means, with the intent to deprive [the victim] of those resources.”
Records show the forged instrument charges stem from four separate incidents when, “acting alone or in complicity with another or others … with knowledge that it is forged and with intent to defraud, deceive, or injure another, he uttered or possessed any forged instrument … of a kind specified in KRS 516.030.”
According to the indictment, the forged instruments — and the date of the incidents — were power of attorney and limited power of attorney (both on August 9, 2019), deed of conveyance (September 11, 2019), and qualifying income trust (November 25, 2019).
Key’s indictment shows the exact same five charges.
Burchfield and Nixon were indicted for the forged instrument charges regarding power of attorney and limited power of attorney on August 9, 2019.
Jana Brawner was indicted for the forged instrument charge regarding the qualifying income trust on November 25, 2019.
Darron Brawner and a representative for Kentucky’s Office of Medicaid Fraud and Abuse Control had no comments nor could provide more information due to the ongoing nature of the case.
All five individuals charged are scheduled to be arraigned on August 6 by Ohio County Judge Tim Coleman.
To file a Medicaid fraud or abuse complaint or to report the abuse, neglect, or exploitation of an adult, visit ag.ky.gov/MedicaidFraud or call the Medicaid Fraud and Abuse Hotline at 1-877-ABUSE TIP (1-877-228-7384).
