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Nashville State Senator Sentenced to Prison for Campaign Finance Charges

NASHVILLE, Tenn. ÔÇö Former Republican Senator Brian Kelsey has been sentenced to 21 months in prison after attempting to retract his guilty plea on federal campaign finance charges. Kelsey initially labeled the case a “political witch hunt” but later admitted to the charges. The sentencing, which took place in U.S. District Court in Nashville, revolved around Kelsey’s efforts to divert campaign funds from his legislative position to support his unsuccessful 2016 congressional campaign. However, Kelsey will not begin serving his prison sentence until October.

To impose a sentence that would deter others from similar actions, U.S. Judge Waverly Crenshaw explained his decision, stating, “I do think there’s a need to sentence you that sends a message for general deterrence.”

Kelsey’s attempt to reverse his guilty plea in November 2022 was based on personal hardships, including the terminal illness and subsequent death of his father, as well as caring for his newborn twins. Nonetheless, Judge Crenshaw rejected this plea in May. Prior to admitting guilt, Kelsey had initially pleaded not guilty and often claimed to be targeted by Democrats. However, his co-defendant, Joshua Smith, pleaded guilty and agreed to cooperate with federal authorities, prompting Kelsey to change his plea.

The recent delay in Kelsey’s sentencing occurred when he altered his legal defense team, with prosecutors accusing him of intentionally prolonging the process. During the sentencing hearing, friends and family of Kelsey packed the courtroom, offering support amid the emotional proceedings.

Expressing remorse for his actions, Kelsey addressed the court, saying, “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.”

Originally, prosecutors had requested a prison sentence of 41 months, portraying Kelsey as a “sophisticated mastermind” behind a complex campaign scheme aimed at evading federal finance regulations. In response, Kelsey’s defense team argued that his actions only slightly crossed the line, suggesting that the government sought a harsher punishment due to perceived lack of remorse.

While one of the four character witnesses acknowledged Kelsey’s remorse, Judge Crenshaw noted the majority did not mention it. Former Democratic state Representative John DeBerry, one of the witnesses, opined that individuals must face the consequences of their actions and do things the right way consistently.

In October 2021, Kelsey and club owner Joshua Smith were indicted by a federal grand jury on several counts related to campaign finance violations. The indictment alleged that the two individuals and others concealed the transfer of $91,000 from Kelsey’s state Senate campaign committee and $25,000 from a nonprofit organization advocating for legal justice issues. These funds were then allegedly used to support Kelsey’s congressional campaign through the American Conservative Union, resulting in illegal and excessive campaign contributions. Furthermore, they were accused of filing false reports with the Federal Election Commission.

Former Representative Jeremy Durham, also involved in the scheme, cooperated with federal officials and avoided charges for his participation. Kelsey’s defense argued that if Durham wasn’t being sentenced, their client shouldn’t be either. However, Judge Crenshaw emphasized that Durham had cooperated early on, unlike Kelsey.

Brian Kelsey, a 45-year-old attorney from Germantown, had served in the General Assembly from 2004 as a state representative before being elected to the state Senate in 2009. Due to his conviction, Kelsey is prohibited from running for state office in Tennessee and has been disbarred. Additionally, he has been instructed to surrender any firearms in his possession.

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