Filed: 2/20/2024 12:18 PM

Clerk
Clark County, Indiana

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ISP CASE NUMBER ZBISPC010364

SEARCH WARRANT 41

Probable Cause Affidavit

LIST OF PROPERTY, OBJECTS, THINGS,
INFORMATION OR PERSONS SEIZED OR PRODUCED
AFFIDAVIT
STATE 0F INDIANA w IN THE CLARK CIRCUIT c oum'
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COUNTY 0F CLARK I

IN THE MATTER 0F ) CAUSE NUMBER:

A REQUEST FOR THE )
ISSUANCE 0F A ) 10C01—23o7-MC—001423
SEARCH WARRANT )

Lieutenant Jeffrey C. Hearon; of the Indiana State Police Department, swears or affirms that he
believes and has probable cause to believe that certain docur'nents, hereinafter described is
concealed in, or upon, the following described property, to wit:

PNC Bank, 400 State Street, New Albany, Indiana 47150.

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The property to be seized or documented, which constitutes unlawfully obtained property,

contraband, property used or possessed with the intent to use in the commission or concealment
of an offense of corrupt business practice's, ghost employment, official misconduct, theft, and tax
evasion, is described as follows:

Any and all financial records and transaction information to include, but not limited t0,
subscriber information (D.O.B, SSN, address and phone number, signature card); monthly '

statements; wire transfers; cancelled checks; deposit information and withdrawal

information for the period 1/1/2015 present: —

Jamey Noel DOB

99'5"?

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Misty Noel DOB

Kasey Noel DOB
Utica Township Volunteer Fire Fighter Association (dba New
Chapel EMS)
5. Utica Fire Department Incorporated (dba New Chapel Fire)

STATEMENT OF PROBABLE CAUSE

Affiant's Experience:

I, Indiana State Police Lieutenant Jeffrey C. Hearon, being a duly sworn peace officer for the
State of Indiana, have been employed by the Indiana State Police for 35 years.
 Your affiant, Jeffrey C. Heaton, a law enforcement officer with the Indiana State Police, being
duly sworn, swears and affirms under penalties for perjury that the following statements are true
and accurate to the best of my knowledge:

I' am apolice officer with the Indiana State PoliCe. I have been a poliCe officer with the'Indiana
State Police since 11/13/1988. I am a "law enforcement officer" as that term is defined in Ind.
'

Code 35-31.5-2-185.

I am currently assigned as a Lieutenant to the Area V Field Investigations of the Indiana State
Police. In connection with my official duties, I am involved in investigations relating to violations
of the Indiana Criminal Code.

I have received training relating to the enforcement of the Indiana Criminal Code, including the
following:
A. My initial training at the Indiana Law Enforcement Academy in 1988. I
have satisfied the minimum basic training requirements established by rules adopted by the
law enforcement training board under LC. 5—2-1-9 and described in LC. 35-37-4
B. I'have attended numerOus additional trainings; see attached transcripts.

As a result of my training and experience, I am familiar with the techniques and methods of
operation used by individuals involved in criminal activity to conceal their activities from
detection;

Investigation:

In support of affiant's assertion of Probable Cause, the following facts are known to affiant, to
'

wit:

On June 13, 2023, I was assigned a criminal investigation after current Clark County Sheriff
Scott Maples reported several criminal allegations of Official Misconduct against former Clark
County Sheriff Jamey Noel. Jamey Noel was the Clark County Sheriff from January 1, 2015,
through December 31, 2022.

I was directed to contact ColonelMark Grube for specific allegations and Witness information.
On June 22, 2023, I contacted Colonel Grube, and he advised there were several allegations,
some of which were as follows:

o
Jamey Noel assigned four of the Clark County Jail Maintenance employees to work on
his rental property, private business buildings (New Chapel EMS and Utica Township
Volunteer Fire Fighters Association), pole barn, cars, and private residence while being
on duty and being paid as Clark County employees.
0 Jamey Noel sold county vehicles and equipment, at a discount price, to employees who
worked on his personal vehicles, property, and non-profit businesses.
o
Jamey Noel, as sheriff, received millions of dollars in military surplus equipment, and he
and Kenneth Hughbanks acquired some of this property for their personal use.

3
 of investigators from the Indiana State Police, Indiana State
I formed a joint taskforce consisting
Board of Accounts, Indiana Attorney General, Department of Defense Investigators, and Indiana
Department of Revenue. Approximately forty-two subpoenas and forty search warrants were
issued.

On August 16, 2023, I formed four teams of detectives, uniform troOpers, an Indiana Department
of Revenue Agent, and State Board of Account Investigators and served four search warrants at
the following locations: Jamey Noel's residence, Jamey Noel's Pole Barn, Utica Township
Volunteer Fire Fighters Association Station 1 and 2.

At the locations I found numerous tax statements, bank documents, credit-card receipts, not-for »

profit board minutes, and financial records for the Utica Township Volunteer Fire Fighters
Association, New Chapel EMS and Fire, Utica Fire Department, New Chapel Fire Incorporated,
and other assumed business names associated with the above entities, as well as Jamey Noel and
his family, including but not limited to Misty A. Noel and Kasey Noel. Additionally, the
documents revealed Jamey Noel was the Chief Executive Officer, Chief Financial Officer, and
Fire Chief for the above-named businesses.

I obtained copies of the Utica Township Volunteer Fire Fighters Association (UTVF FA) 1954
Articles of Incorporation, UTVFFA Amended Articles of Incorporation 1993, UTVFF A
Application for Reinstatement 1993, and the UTVFFA Indiana Secretary of State Business
Entity Report 2022 listing Jamey Noel as the Chief Executive Officer. The various Articles of
Incorporation and reports submitted to the Secretary of State indicate that Jamey Noel has been
connected with the fire departments since the 1990's and has held various Board and Officer
positions including Chief Executive Officer and Secretary, and was responsible for a number of
the business filings and reports required by the Secretary of State's Office.

During this investigation I contacted the listed board of directors and determined prior to August
2023 there had not been a board meeting in several years, and the members indicated Jamey
Noel had acted independently absent board participation.

After August 2023, several new board members were appointed, all of which work for one of
businesses entities associated with New Chapel Fire Inc or Utica Township Volunteer Fire
Fighters Association. The Board of Directors'were Jamey Noel, Matthew Owen, Paul Holcomb,
and Shannon Grant. One of the first acts of the new board was to sign a facility use agreement
allowing Jamey Noel to lease his Pole Barn at 709 Old Salem Road, Jeffersonville, Indiana to the
Utica Township Volunteer Fire Fighters Association, in exchange for the corporation paying the
utilities and improvements among other considerations.

With the assistance of Indiana State Board of Accounts, the total annual income for all the above
businesses and New Chapel Fire INC, which is an assumed business name for Utica Fire
Department (below), is estimated at approximately seven to eight million dollars, of which
approximately two million is tax dollars or public funds.
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Business Search
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ASSUMED fiUSHlESS Domestic Honmfil

IZWM'SOOGRE NEW O'NEL FIRE & EMS, INC. , 5203 CHARLESTOWII ROAD. HEW ALBANY. I". "[50. USA Tm Flanll'ul Act's!
NAME procamn

Indiana Code 36-8—11 allows for a county legislative body to establish fire protection districts in
each of the 92 Indiana counties. For the purposes of this investigation, Jamey Noel and his
affiliated companies received public funding from the Utica Township Fire District in Clark
County and the New Albany Township Fire Protection District in Floyd County.

The Clark County Commissioners created the Utica Township Fire District and appointed three
board members to run the district. The Board has the authority to levy taxes to fund fire
protection in the district.

According to CFO Erik Furnish, New Albany Township Fire District, New Chapel Fire
Incorporated, via Jamey Noel, contracted with the New Albany Township Fire Protection
District sometime around 2010-2012. Mr. Noel proposed that the fire district would own the
building and equipment and New Chapel Fire, Inc. would provide paid staff and run daily
operations, with Jamey Noel being the New Albany Township Fire Chief. CFO Furnish advised
the amount of the annual contracts have changed throughout each year but confirmed the 2022
contract was approximately 1.2 million dollars.

During the execution of the search warrants on August 16, 2023, I found several American
Express receipts indicating Jamey Noel had at least one credit card account. On September 14,
2023, a subpoena was sent to American Express for all accounts associated with Jamey Noel. On
January 18, 2024, American Express sent the following summary:

(2) American Express has identified concerning activity on Business Gold charge card
account number-associated with Utica Township FF AS, Gold charge
card account number and Bonvoy Brilliant credit card account
number_, all issued to Jamey Noel.

(3) Specifically, between October 4, 2018, and November1'6, 2023, charges totaling
$73 0,992.93 were made to the Business Gold card account. Charges predominantly
appear personal in nature, such as charges at department stores, at cigar stands, and
jewelry, which is not the intended use of the card product type and may be indicative of
mlsuse.

(4) Between October 20, 2018, and November 24, 2023, 83 payments totaling $4,113,106.43

5
 were made to the Subject accounts. Internal records indicate the Business Gold card'
account was opened in January 2011, the Gold card account was opened in March 2021,
and the Bonvoy Brilliant card account was opened in February 2012.

(5) Between October 4, 2018, and NoVember l6, 2023, 1,295 charges totaling $730,992.93
were made to the Business Gold card account. Charges were conducted predominantly in
' '

the United States, and appear to fund personal and household expenses, which is an
unusual pattern of spending for an OPEN business card associated with a non-profit and
raises concerns about misuse. Spending was primarily conducted at tailors and
seamstresses, home supply warehouse stores, department stores, cigar stores, for jewelry
and for ticketed events and travel agents. Charges do not appear related to services
provided by the Utica Township Fire Fighter Association or normal business expenses.
Between October 20, 2018, and November 24, 2023, 83 payments totaling $4,113,106.43
were made to the Subject accounts.

On January 21, 2024, American Express officials advised there were a total of five American
Express card holders for cards linked to the Utica Township Volunteer Fire Fighter Association.
They advised an additional court order would be needed to identify the other card holders. On
January 22, 2024, I requested and received a search warrant to identify all card holders and
purchases made by those persons. On January 25, 2024, American Express provided 1,729 pages
of charges, payments, and statements associated with Jamey Noel, Misty Noel, Kasey Noel,
Matthew Owen (UTVFFA Board Member), and Kevin Wilkerson (UTVFFA Board Member).

Below is a breakdown of Jamey, Misty and Kasey Noel's American Express purchases per
month and year.
AMERICAN D(PRESS CHARGES 0N UTICA BUSINESS GOLD REWARDS ACCOUNTS

' '

Misg Noel _ gig; TOTAL

January 8,061.96 12,879.72 5,025.60 $ 11,833.45
February 4,495.88
4,495.38 9,036.70 12,520.56 5,563.89 $ 10,503.49
March 8,060.78 10,348.33 15,997.43 11,590.70 S 14,013.96
April 10,366.91 8,991.93 8,531.35 13,330.83 $ 14,725.39
mmmmmwmwmmmm

May 11,821.20 13,857.35 9,798.80 10,553.14 s 16,351.76

June 8,588.90 12,288.01 8,659.47 11,550.78 $ 11,773.27
July 11,478.17 12,120.69 12,808.90 15,036.32 $ 10,041.34
August 34.47
13,434.47
13,4 12,657.24 6,373.93 10,073.75 S 6,579.34
September 11,932.72 11,711.19 8,325.58 11,753.48
October 19,135.84 13,246.31 11,782.90 14,993.29
November 15,317.23 14,904.67 10,710.35 16,753.51
December 17,636.88 21,983.76 20,531.65 18,306.59
S 132,268.98 $ 149,208.14 $ 138,920.64 $ 144,586.88 5 95,822.00 | 13 660,806.64

The above charges were all personal items or services, and no personal payments were received from
Jamey 0r Misty Noel. All the payments for the items were charged to the Utica Township Volunteer Fire
Fighter Association.

American Express provided a detailed payment and purchase history. An analysis of the records indicated
Misty Noel made purchases for clothing, tanning, cosmetics, manicure and pedicure services,
jewelry, food, tickets, trips, college books and tuition associated items, dental services, alcohol,
phone bills, household utilities, Amazon items, and various household goods.

60
 Jamey Noel 2018 2019 2020 2021 2022 2023 form
January 5 38,369.08 S 46,198.41 5 25,452.10 S 34,983.73 $ 70,679.61
February 5 46,563.25 5 23,023.72 5 62,472.68 5 44,480.97 $ 55,935.65
March 5 74,480.67 5 33,545.59 5 104,294.75 $ 36,576.79 5 58,388.61

April $ 49,329.90 $ 40,727.21 S 40,520.46 $ 45,825.90 3 106,668.35

May S 57,131.26 S 49,259.86 S 64,061.43 3 63,705.61 S 54,183.10
June $ 28,957.87 5 29,211.80 3 87,366.06 5 43,144.19 $ 60,050.53

luly S 26,417.18 5 46,323.88 5 26,439.08 5 49,189.89 5 35,570.61

August $ 24,743.12 5 83,584.86 $ 44,034.90 5 56,745.49 5 36,836.85

September S 36,376.11 5 49,909.76 5 59,906.51 $ 79,927.37 $ 15,405.80
October $ 20,695.39 $ 22,570.93 5 41,336.13 $ 39,725.01 5 62,246.75
November 5 24,992.93 $ 20,028.22 $ 20,996.26 5 33,071.74 5 44,016.84
December $ 25,889.79 5 72,315.03 $ 47,290.90 $ 38,948.02 3 96,558.27

$71,573.11] $497,282.62 $511,408.38 I

$ 626,292.74l $657,401.80 $493,719.11 I s 2,857,682.76

The above charges contained personal items or services, and no personal payments were received from
Jamey or Misty Noel. All the payments for the items were charged to the Utica Township Volunteer Fire
Fighter Association.

American Express provided a detailed payment and purchase history. An analysis of the records indicated
Jamey Noel made purchases for clothing, cigars, jewelry, food, tickets, trips, college books and
tuition associated items, medical services, alcohol, phone bills, household utilities, Amazon
items, Victoria's Secret, auto parts, personal taxes, vacation properties, and various household '

goods.

Below is a breakdown of Kasey Noel's American Express purchases per month and year.

Kasq' Noel 20—19 2020 2021 2022 2023 TOTAL

January $207124 $3,841.43 $4,899.15 $1,343.71
$1,924.00 $1,53225
' ,

Februar)' $2,228.65 $1,213.29

March $3,001.65 $2,511.64 $873.37 $1,784.78
April _ $3,211.93 $1,742.21 $1,253.50 $1,765.80
May $3,283.73 $2,263.90 $1,851.07 $1,178.10
June $200120 $1,877.79 $1,838.76 $1,370.00
July $2,082.62 $200023 $2,932.35 $3,476.58 $1,986.80
August $3,023.84 $2,694.15 $1,737.52 $873.23 $1,002.69
September $2,921.29 $2,649.81 $1,841.00 $907.00 $175.91
October , $4,184.31 $1,807.58 $3,179.56 $1,993.26
November $3,960.27 $886.59 $2,040.85 $1,201.09

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December $2,576.54 $1,871.23 $1,751.24 $2,039.90

|sis,748.87 l
327,707.99 |
526,932.78 |
52343091 |
$12,140.04 $108,660.59

The abOVe charges appear to be personal items or services, and no personal payments were received from
Kasey Noel. All the payments for the items were charged to the Utica Township Volunteer Fire Fighter
Association.

American Express provided a detailed payment and purchase history. An analysis of the records indicated
Kasey Noel made purchases for clothing, tanning, cosmetics, manicure and pedicure services, food,
alcohol, medical services, vaping products, gas, pharmacy, Netflix, Amazon items, and various
household items.

7
The above information indicates Jamey, Misty, and Kasey Noel received income, merchandise,
and services they failed to report to the State of Indiana, Department of Revenue more than 3.5
million dollars during the years 2018, 2019, 2020, 2021 and 2022.

During this investigation I obtained tax records, bank records, and property records for the Utica
Fire Fighters Association, Utica Fire Department Incorporated, Jamey, Misty, and Kasey Noel.
The bank records were compiled and given to Indiana Attorney General Fraud Investigator John
Mills. Investigator Mills is assigned to the Medicaid Fraud Control Unit. The fraud unit uses
Valid8 Forensic Software to trace the flow of funds in organizations suspected of money
laundering, embezzlement, and fraud. An analysis of the Utica Township Volunteer Fire Fighter
Association and Utica Fire Department Incorporated revealed that several transactions were
being deposited and withdrawn from an unknown bank account.

Investigator Mills obtained the Medicaid enrollment provider documentation for New Chapel
EMS from the Indiana Department of Family and Social Services Agency, which runs the
Indiana Medicaid program. FS SA requires all Medicaid providers to provide bank information to
the State of Indiana for compliance purposes. A'review of the information provided by New
Chapel EMS listed below shows New Chapel has a bank account at PNC Bank, 400 State Street,
New Albany, Indiana 47150.

2. Provider Name: 3. Provider Number: 4. Service Location (alpha suffix):

New Chapel EMS A

7. Provider Location ZIP + 4: (Ninadigis required) 8. Taxonomy:

_
5. Provider Tax 10: 6. National Provider identifier:

—-—
9. Name on Bank Account:
+7130 .8407
10. Bank Account Number: 11. Tax 10 of Account Holder:
Utica Town5hip Volunteer Fire Department.
—
13. Bank Name:
_
—
14. Bank Address:
PNC Bank

400 State Street:

16. State: 17. ZIP + 4: (Nlnc dlgls requlred)
15. Clty:

"New Albany _
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.- 10150-3619..
18. Bank Telephone Number: 19- TYPE 0f Account .

812-949-6500 . D Savlngs, "E Checking

Because the Valid8 Software is showing deposits and withdraws from and into an unknown bank
account and the revelation of the New Chapel PNC account, I am requesting a search warrant be
issued for any and all bank account information from PNC Bank for Utica Township Volunteer
Fire Fighter Association, Utica Fire Department Incorporated, and New Chapel EMS & Fire, and
Jamey, Misty and Kasey Noel.
Conclusion:

I am currently investigating a ghost employment, tax evasion, theft, cOrrupt business practices
and official misconduct case involving former Clark County Sheriff, former Utica Volunteer Fire
Fighters Association Chief Jamey Noel, and his wife Misty Noel, daughter, Kasey Noel and his
various associates. I anticipate providing the special prosecutor with additional information for
potential additional charges as the State Board of Accounts and the Indiana Department of
Revenue complete their audits and investigations.

The facts set forth in this affidavit are based upon my own personal observations, my training
and experience, and information obtained during this investigation, along with my mapping and
analysis of the data. Therefore, based on the above facts, I have probable cause to believe, and do
believe, that evidence of the commissions of felonies, in violation(s) of Indiana Code 35 -44.1-1-
3 Ghost Employment, 35-43-4-2 Theft, 35-44.l-2-2 Obstruction of Justice, 35-45-642 Corrupt
Business Influence, 35-44.1—1-1 Official Misconduct, and 6—3-6-11 Tax Evasion property related
to the commission of said felonies.

I declare under penalty of perjury that the foregoing is true and correct to the best of my
knowledge and belief.

All the above events occurred in Clark County, Indiana.

I swear (affirm), under penalty of perjury as specified by IC 35-44-2-1, that the foregoing
representations are true.

DATED: February 15, 2024 /s/ Lieutenant Jeffrey C. Hearon PE 5201

AFFIANT
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LIST OF PROPERTY, OBJECTS, THINGS. INFORMATION OR

PERSONS SEIZED OR PRODUCED

SEARCH WARRANT 4 1

STATE 0F INDIANA )_ 1N THE CLARK COURT co LLKT

) ss:
COUNTY OF CLARK )
CAUSE N0:
C01" 2307' MCWO'
+23
ID
IN THE MATTER OF )
A REQUEST FOR THE )
ISSUANCE 0F A )
SEARCH WARRAN T )

Law enforcement officer(s)

are hereby authorized and ordered, in the name of the State of
Indiana, with the necessary and proper assistance, to execute the search warrant attached to this
List of' Property, Objects, Things, Information or Persons Seized or Produced ("List") and search
New Washington State Bank more particularly described as follows:

PNC Bank, 400 State Street, New Albany, Indiana 47150.

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The property to be seized or documented, which constitutes unlawfully obtained property,

contraband, property used or possessed with the intent to use in the commission or concealment
of an offense of corrupt business practices, ghost employment, official misconduct, theft, and tax
evasion, is described as follows:

Any and all financial records and transaction information to include, but not limited to,
subscriber information (D.O.B, SSN, address and phone number, signature card); monthly
statements; wire transfers; cancelled checks; deposit information and withdrawal
information for the period 1/1/2015 present: —

Jamey Noel DOB

99'3"!"

Misty Noel DOB

Kasey Noel DOB
Utica Township Volunteer Fire Fighter Association (dba New
Chapel EMS)
5. Utica Fire Department Incorporated (dba New Chapel Fire)

This Search Warrant and Affidavit, and attached and incorporated Statement of Probable
Cause and associated attachments were sworn to as true and subscribed before me on this
day of , , at A.M. / P.M.

Wherefore, I find probable cause for the issuance of this Search Warrant and do issue it.

ORDER APPROVED: YES NO

(Signature )
Judge

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