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Fricke Gets 34 Months in Prison for Defrauding Customers

By David Coehrs, Fulton County Expositor

Despite his attorney’s request for leniency, former Archbold Elevator owner William L. Fricke was sentenced to a total of 34 months in prison Oct. 18 in Fulton County Common Pleas Court for defrauding customers.

Fricke remained stoic as Judge James E. Barber also ordered him to pay over $3.1 million in restitution to his victims, some of whom watched the proceedings from the courtroom gallery.

Calling the sentencing “not an easy process,” Judge Barber told Fricke that the local businessman had made serious misjudgments, causing the county’s farming community to suffer financially at his hands.

“A lot of people got hurt,” the judge said.

Fricke, 56, of 18412 County Road DE, pleaded no contest to and was found guilty Aug. 6 of seven felony counts of an 11-count indictment, including grand theft, insolvent handler not to accept deposits, delayed price agreement, and misapplication of corporate assets. The original charges included tampering with evidence, tampering with records, falsification in a theft offense, and engaging in a pattern of corrupt activity.

Fricke had faced a maximum of 26 1/2 years in prison and $63,000 in fines for the original charges.

He was arrested April 17 on a warrant by the Fulton County Sheriff’s Office. According to court records, between March 2009 and May 4, 2011, as the owner of Archbold Elevator, Inc., 3265 County Road 24, Fricke stole the grain deposits of several customers. He then attempted to cover up or destroy evidence of the thefts when a legal investigation of his activities ensued.

His attorney, Richard Kerger, acknowledged Fricke committed the crimes, but said they were his first felony convictions. He said the defendant could better pay restitution if he were granted community control instead of a prison sentence.

When asked if he had any words before sentencing, Fricke stood and said, “I’m sorry.”

None of the victims in attendance accepted an offer to address the court.

A grim Judge Barber said both the court and the community were torn by the defendant’s actions. He said a pre-sentence investigation noted Fricke has been positively involved in both community and church activities.

And in addition to letters sent to the court by community members asking for Fricke’s punishment, the judge also read many supporting him. “On your side of the ledger, you have a large number of people who respect you,” he told Fricke.

In the end, Judge Barber told him, “You’re a very educated man. You know right from wrong.”

He said in determining a sentence he could not overlook the impact the illegal practices of Archbold Elevator had on the surrounding farm community. “Grain handling has a long history. Grain handling is the bedrock of civilization,” he said.

Judge Barber told Fricke he hoped that, after the defendant’s release from prison, he would work to right the wrongs he committed against himself and his family.

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