Brent Swadley, 55, owner of a popular chain of Oklahoma barbecue restaurants, was convicted on Thursday, May 28, in a felony case involving inflated bills for remodeling and operating restaurants at six state parks.
The jury of 12 reached a unanimous verdict after just 90 minutes of deliberation, finding Swadley guilty of one count of conspiracy to defraud the state and all five counts of presenting fraudulent claims to the state (Oklahoma County Court Records, 2026).
Swadley did not testify at the trial but has consistently maintained his innocence. In 2024, after being indicted, he wrote in an open letter that the state attorney general was promoting a “false, politically motivated narrative” accusing him of intentionally misleading the government.
Sentencing and Fines
The jury handed down the following sentences:
| Charge | Prison Term | Fine |
|---|---|---|
| Conspiracy to defraud the state | 5 years | $25,000 |
| Each fraudulent claim | 1 year | $10,000 |
| Potential Total | 10 years | $75,000 |
Jurors chose the maximum fines but were more lenient on prison time; they could have imposed a combined total of 20 years. Oklahoma County District Judge Susan Stallings may order the sentences to be served consecutively, resulting in a total of 10 years in prison.
Swadley was led from the courtroom in handcuffs, and formal sentencing is scheduled for July 16 (Oklahoma County Court Records, 2026).
His defense attorney, David Smith, said, “We are not done fighting,” indicating an appeal is likely. Restitution, which prosecutors claim totals at least $3.1 million, has not yet been determined.
Contract with the State and COVID Context
Swadley signed a contract with the state in March 2020 to remodel and operate restaurants at six state parks under the company Swadley’s Foggy Bottom Kitchen. The contract was finalized just weeks before the COVID-19 pandemic shutdowns. Despite the uncertainty, Swadley completed remodeling at four parks within months.
His restaurants became popular as Oklahomans spent more time outdoors during the pandemic (Oklahoma Tourism & Recreation Department, 2026).
Under the contract, the state reimbursed Swadley’s company for restaurant improvements, operating losses up to $2,116,900 per year, and management fees that increased from $571,808 to $1,332,000 annually.
Fraudulent Invoices and Meat Smokers
Prosecutors presented evidence showing that many invoices submitted to the state were inflated, some by as much as 300%. A central example involved meat smokers:
- Swadley bought the smokers in 2018 for $23,680 each.
- In 2021, he billed the state $51,346 each, using them at Robbers Cave State Park and Quartz Mountain State Park.
- The smokers had previously been removed from a Swadley’s Bar-B-Q location in Ardmore and were stored before being installed in state park restaurants.
A supplier, Mike McWhorter, testified that he falsified paperwork at Swadley’s direction to make the equipment appear more expensive. “He told me to make them as expensive as I could,” McWhorter told jurors.
Defense Arguments
Swadley’s defense argued that inflating invoices was a common business practice. Attorney David Smith told jurors, “Brent Swadley was supposed to do all of this construction work and not make a dime.” He claimed Swadley became the fall guy for mismanagement by Jerry Winchester, former executive director of the Tourism Department, and Gino DeMarco, deputy director.
The defense also criticized the testimony of officials who claimed they expected brand-new smokers, arguing that the case was a paperwork dispute, not fraud.
Prosecution’s Case
Prosecutors painted Swadley as greedy. Assistant Attorney General McKenzie McMahan stated, “Brent Swadley believes the rules do not apply to him.” Key testimony came from former employees:
- Curtis Breuklander, former VP, admitted following Swadley’s direction on inflated invoices and received 10 years probation.
- Tim Hooper, former COO, also admitted involvement, receiving 5 years probation.
Prosecutors noted that Swadley might have viewed the state contract as a way to save his business during the pandemic.
Contract Cancellation
In April 2022, the Oklahoma Tourism and Recreation Department canceled the contract due to “suspected fraudulent activity and questionable business practices.” Much of the focus was on the used meat smokers Swadley installed in state parks, which had previously been removed from his private restaurants.
Political Context
Attorney General Gentner Drummond, who is running for governor, emphasized that the case was not political. “Mr. Swadley broke the law. His arrogance has been illustrated for the last four years, and I’m very happy that justice has been done,” he said. Drummond added that the case serves as a lesson in state oversight and accountability.
Brent Swadley’s conviction highlights the consequences of fraudulent billing practices and the importance of oversight in public-private partnerships.
While he faces significant fines and potential prison time, his defense plans to appeal, citing limitations on expert testimony. The case underscores the need for transparency and accountability for businesses working with government contracts.
