Filed: 3/21/2024 9:34 AM

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Isp'cASE NUMBER 23ISPC010364

'SEARCHVVARRANT48'

Probable Cause Affidavit

LIST OF PROPERTY, OBJECTS, THINGS,
INFORMATION OR PERSONS SEIZED OR PRODUCED'
AFFIDAVIT

STATE 0F INDIANA ) 1N HIE CLARK CIRCUIT COURT

) ss
COUNTY 0F CLARK )
1N THE MATTER 0F .) CAUSE NUMBER:
A REQUEST FOR THE ) 10C01-2307-MC—001423
ISSUANCE OF A )
SEARCH WARRANT )
~

Lieutenant Jeffrey C. Hearon, of the IndiaIIa State Police Department, swears or affirIns that he
believes and has probable Cause to believe that certain dOcuments, hereinafter described 1s
concealed 1n, or upon, the following described property, to wit:

Synchrony Bank
Department OH31032 _.

P.O. Box 166015 N

Altamonte, FL 32716-6015

.
Attention: Law Enforcement Compliance Department

The property or data 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:

1
Any and all billing and account information including but not limited to the following:
subscriber information, purchase history, card holders, monthly statements, payment
history, including canceled checks, bank account numbers, wire transfers, Automated
Clearing House (ACH) Payments, Electronic Funds Transfer (EFT), credit card numbers,
correspOndences, mailing addresses, and email addresses for the following
'

people/businesses:

1. Jamey John Noel

Date of birth:
Gender: Male
_ '

SS N_
2. Misty Alena Noel

DOB
SSN

3 Kasey Alexandra Noel

DOB
SSN

4, Utica Township Volunteer Fire Fighters Association dba New Chapel Fire and EMS
J
5820 Utica Pike effersonv1lle, IN. 47130
812-288-7044

STATEMENT OF PROBABLE CAUSE

Affiant's Experience:

I, Indiana State Police Lieutenant Jeffrey C. Hearon, being a duly sworn peace officer for the
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State of Indiana, have been employed by the Indiana State Police for 35 years.

Your'affiant, Jeffrey C. Hearon, a law enforcement officer with the Indiana State Police, being
duly sworn, swears and affirrns under penalties for perjury that the following statements are true
and accurate to the best of my knowledge:

I am a police 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 I.C. 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, t0
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 Colonel Mark 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.
o
Jamey Noel sold county vehicles and equipment, at a discount price, to employees who
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worked on his personal vehicles, property, and non— —profit businesses.
o
Jamey Noel, as sheriff, received millions of dollars 1n military surplus equipment and he
and Kenneth Hughbanks acquired some of this property for their personal use.

I formed a joint taskforce consisting of investigators from the Indiana State Police, Indiana State
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: amey'Noel's residence, Jamey Noel's Pole Barn, Utica Township J
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 obtainedcopiesof the Utica Township Volunteer Fire Fighters Association (U TVFF A) 1954
Articles Incorporation, UTVFF A Amended Articles of Incorporation 1993, UTVFFA
of
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.

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 fimds.

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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.

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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 l6, 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 l8, 2024, American Express sent the following summary:

(1) American Express has identified concerning activity on. Business Gold charge card
account number -ssociated
card account number _and
with Utica Township FF AS, Gold charge
Bonvoy Brilliant credit card account
number. —all issued to Jamey Noel.

(2) Specifically, between October 4, 2018, and November16, 2023, charges totaling
$730,992.93 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
misuse.

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

(4) Between October 4, 2018, and November 16, 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 Fighters 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 Fighters Association.

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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
729 pages
purchases made by those persons. On January 25, 2024, American Express provided 1,
of charges, payments, and statements associated with the Jamey Noel, Misty Noel, Kasey Noel,
Matthew Owen (UTVF F A 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 EXPRESS CHARGES ON UTICA BUSINESS GOLD REWARDS ACCOUNTS

Misg Noel _20_19 293; TOTAL

January 5 8,061.96 5 12,879.72 $ 5,025.60 $ 11,833.45
'February $ 4,495.38 $ 9,036.70 $ 12,520.56 $ 5,568.89 $ 10,503.49'
March 5 8,060.78 $ 10,348.33 $ 15,997.43 5 11,590.70 5 14,013.96
April $ 10,366.91 $ 8,991.93 5 8,531.35 $ 13,380.83 $ 14,725.39
May $ 11,821.20 $ 13,857.35 5 9,798.80 $ 10,553.14 $ 16,351.76
June 5 8,588.90 $ 12,288.01 $ 8,659.47 5 11,550.78 $ 11,773.27
July $ 11,478.17 $ 12,120.69 $ 12,808.90 5 15,036.32 5 10,041.34
August $ 13,434.47 $ 12,657.24 $ 6,373.93 $ 10,073.75 S 6,579.34
September $ 11,932.72 5 11,711.19 5 8,325.58 $ 11,753.48
October $ 19,135.84 $ 13,246.31 5 11,782.90 5 14,993.29
November $ 15,317.23 5 14,904.67 $ 10,710.35 5 16,753.51
December $ 17,636.88 $ 21,983.76 $ 20,531.65 $ 18,306.59

l$132,268.98|$ 149,208.14l$ 138,920.64l$ 144,586.88ls 95,822.00Il'5 660,806.64l

The above charges were all 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
Fighters Association.

American Express provided a detailed payment and purchase history. An analysis of the records indicated
Misty Noel made purchases for clothing, tanning, cesmetics, 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.

Jamey Noel 2018 2019 2020 2021 2022 2023 TOTAL

January 5 38,369.08 5 46,198.41 5 25,452.10 $ 34,983.73 5 70,679.61
February 5 46,563.25 5 23,023.72 5 62,472.68 5 44,480.97 5 55,935.65

March 5 74,480.67 $ 33,545.59 5 104,294.75 5 36,576.79 S 58,388.61

April 5 49,329.90 5 40,727.21 $ 40,520.46 5 45,825.90 $ 106,668.35

May $ 57,131.26 5 49,259.86 $ 64,061.43 5 63,705.61 5 54,183.10

June 5 28,957.87 5 29,211.80 5 87,366.06 5 43,144.19 $ 60,050.53

July 5 26,417.18 5 46,323.88 3 26,439.08 5 49,189.89 3 35,570.61

August S 24,743.12 5 83,584.86 '5' 44,034.90 3 56,745.49 5 36,836.85

September S 36,376.11 $ 49,909.76 5 59,906.51 5 79, 927. 37 5 15,405.80

October S 20,695.39 5 22,570.93 5 41, 336.13 S 39,725.01 5 62, 246.75

November 5 24,992.93 5 20,028.22 5 20,996.26 5 33,071.74 5 44,016.84
December S 25,889.79 5 72,315.03 S 47, 290. 90 S 38,948.02 5 96, 558. 27

$71,578.11l $497,282.62 $511,408.38 I

$ 525,292.74 $657,401.80 $493,719.11 I $ 2,857,682.76J

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
Fighters Association.

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

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

Kasev Noel 2019 L21. _2_0_2§

TOTAL
$2,071.24 $3,841.43 $4,899.15 $1,343.71
January
$2,228.65 $1,213.29 $1,924.00 $1,532.25
February - 4

March
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$3,001.65 $2,511.64 $873.37 $1,784.78
$3,211.93 $1,742.21 $1,253.50 $1,765.80
April
$3,283.73 $2,263.90 $1,851.07 $1,178.10
May
June 82,00120 $1,877.79 $1,838.76 $1,370.00
$2,082.62 $2,000.23 $2,932.35 $3,476.58 $1,986.80
July
$3,023.84 $2,694.15 $1,737.52 $873.23 $1,002.69
August
$2,649.81 $1,841.00 $907.00 $175.91
September $2,921.29
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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
December $2,576.54 31,87123 $1,751.24 $2,039.90

$27,707.99 526,932.78 523,130.91 $12,140.04 $108,660.59

|Sls,748.87 l I l | I I

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

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

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 during the years 2018, 2019, 2020, 2021 and 2022.

Additional analysis was completed on the American Express purchases and the buying patterns
were reviewed for Jamey, Misty, and Kasey Noel. The larger purchases were categorized as
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follows:

Jamey Noel Kasey Noel Misty Noel

$621.52
1 ,'Alcohol & Tobacco $75,334.07 $1,138.40

$21,236.36 $791.83
2 Apartment Rental
3 Beauty $27,651.57 $11,687.36 $125,693.35

4 Child Support $54,003.51

5 Clothing $213,116.75 $29,683.87 $165,151.44

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6 Donations $27,722.76 $5,887.97

7 Education/ruition $162,068.37 $32,421.98

8 Entertainment $64,433.78 $3,453.05

9 Food $228,536.82 $11,814.38 $46,551.61

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10 Furniture & Decor $36,283.52 $9,480.54

11 Guns $4,516.40

12 Home Appliances $16,960.63

13 Jewelry $57,406.30 $2,083.58

14 Retail Stores $158,329.91 $7,028.88 $132,618.32

15 Time snare & TraveI $327,862.55 $638.50 $13,282.45

16 Utiiities $99,073.63 $1,093.49 $15,609.51

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17 Heaitli Care $16,054.15 $8,402.65 $16,370.66

18 Paypal $38,291.22 $810.37 $15,368.52

19 Venmo $27,437.14 $15,397.41

A review of the Utica Township Volunteer Fire Fighters Association 5/3 Bank Account
Statements indicated a monthly Automated Clearing House (ACH) Payment was set up and an
electronic fimds transfer (EFT) was made to a Synchrony Bank Sam's Club Credit Card each
month.

A review of the expenditures revealed charges of approximately $289,958.73 were made using a
Synchrony Bank Sam's Club Card. A11 the payments for the above charges were paid for by the
Utica Township Volunteer Fire Fighters Association, and I could not locate any reimbursement
by Jamey, Misty, or Kasey Noel.

On March 19, 2024, I contacted Synchrony Bank and was advised Jamey Noel was the card
holder listed on'the account and confirmed the billing address was 3001 01d Tay Bridge,
Jeffersonville, Indiana 47130, which is Jamey Noel's residential address.

Based on the above information and past patterns of fraud, layering, and embezzlement, I am
requesting a search warrant for Jamey Noel's Synchrony Bank Sam's Club Credit Card Financial
Information.
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 Neel, 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, 35-44tl-2-2 Obstruction of Justice, 35-45-6-2 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 of 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: March 19, 2024 /s/ Lieutenant Jeffrey C. Hearon PE 5201 AFFIANT