Filed: 4/2/2024 2:49 PM

Clerk
'xe STATE
Clark County, Indiana
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15p CASE NUMBERI'ZSISPc010364

SEARCHVVARRANTSl

Probable Cause Affidavit

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

STATE 01: INDIANA 3 IN THE CLARK CIRCUIT COURT

) SS:
COUNTY OF CLARK I

1N THE MATTER OF ) CAUSE NUMBER:

A REQUEST FOR THE ) 10C01-2307-MC-001423
ISSUANCE 0F A )
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 documents, hereinafter described is
concealed in, or upon, the following described property, to wit:

Riverside Cigar Shop and Lounge

201 Spring Street
Jeffersonville, Indiana 47130

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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:
)

Any and all account information including but not limited to the following: purchase history,
invoice statements, receipts, payment history, quantity, brand, items numbers, including
canceled checks, bank account numbers, wire transfers, credit card numbers,
correspondences, mailing addresses, and email addresses for the following people:

l. Jamey John Noel

Date of birth:
Gender: Male
-

2
 STATEMENT OF PROBABLE CAUSE
Affiant's Experience:

I, Indiana State Police Lieutenant Jeffrey C. Hearon, being a duly sworn peace officer for the
l

State of Indiana, have been employedby 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 affinns 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 35-3 1.5-2-185.

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 I.C. 5-2-1-9 and described in I.C. 35-3 7—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 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

3
 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
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.

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 l 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 Township 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 (UTVFFA) 1954
Articles of Incorporation, UTVFFA Amended Articles of Incorporation 1993, UTVFFA
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 funds.

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Indiana Code 36-8-11 allows for a county legislative body to establish fire protection districts
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
in
County and the New Albany Township Fire Protection District 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.
Fire
According to CFO Erik Furnish, New Albany Township Fire District, New Chapel
Fire Protection
Incorporated, via Jamey Noel, contracted with the New Albany Township
District sometime around 2010-2012. Mr. Noel proposed that the fire district would own the
staff and run daily
building and equipment and New Chapel Fire, Inc. would provide paid
Fire Chief. CFO Furnish advised
operations, with Jamey NOel being the New Albany Township
the amount of the annual contracts have changed throughout each year but confirmed the 2022 ' '
'

contract was approximately 1.2 million dollars.

several American
During the execution of the search warrants on August 16, 2023, I found
card account. On September 14,
Express receipts indicating Jamey Noel had at least one credit
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:
Gold charge card
(1) American Express has identified concerning activity on Business
account number ssociated with Utica Township FF AS, Gold charge
- ,

and Bonvoy Brilliant credit card account

card account number
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
and jewelry
appear personal in nature, such as charges at department stores, cigar stands,
stores, which is not the intended use of the card product type and may be indicative
of
misuse.

83 payments totaling $4,113,106.43

(3) Between October 20, 2018, and November 24, 2023,
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 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, forjewelry
and for ticketed events and travel agents. Charges do not appear related to services
business expenses.
provided by the Utica Township Fire Fighters Association or normal
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
Association.
Express card holders for cards linked to the Utica Township Volunteer Fire Fighters
would be needed to the other card holders. On
They advised an additional court order identify
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 the 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 EXPRESS CHARGES 0N UTICA BUSINESS GOLD REWARDS ACCOUNTS

_MiSLNoel 2 £229 . 3:2 TOTAL

January s 8,061.96 s 12,879.72 s 5,025.60 s 11,833.45

February s 4,495.88 s 9,036.70 s 12,520.55 s 5,563.39 s 10,503.49
March s 3,060.78 s 10,343.33 s 15,997.43 s 11,590.70 s 14,013.96
April s 10,366.91 $ 6,991.93 s 8,531.35 s 13,380.83 s 14,725.39
May s 11,321.20 s 13,857.35 s 9,793.80 s 10,553.14 $ 16,351.76
June s 8,588.90 s 12,238.01 s 8,659.47 s 11,550,78 s 11,773.27
July s 11,478.17 s 12,120.69 si 12,808.90 s 15,036.32 s 10,041.34
August s 13,434.47 s 12,657.24 s 6,373.93 s 10,073.75 s 6,579.34
September s 11,932.72 s 11,711.19 s 3,325.58 s 11,753.43
October' s 19,135.34 s 13,246.31 s 11,732.90 s 14,993.29
November s 15,317.23 s 14,904.67 s 10,710.35 s 16,753.51
s 20,531.65 s 13,30659
-

December 17,636.88 s 21,933.76 s

"132.268.9315 149,203.14 ls 138,920.64ls 144,586.88|$ 95,322.00l$ 660,806.64l

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

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 2 018 2019 2020 2021 2022 2023 TOTAL
Jamey Noel
January S 38,369.08 3 46,198.41 25,452.10
5 5 34,983.73 5 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 S 33,545.59 $ 104,234.75 3 36,576.79 5 $8,388.61
April $ 49,329.90 5 40,727.21 $ 40,520.46 5 45,825.90 S 106,668.35
May S 57,131.26 $49,259.86 5 64,061.43 S 63,705.61 5 54,183.10
June 5 28,957.87 5 29,211.80 $ 87,366.06 5 43,144.19 5 60,050.53
July 5 26,417.18 5 46,323.88 5 26,439.08 5 49,189.89 5 35,570.61.
.August 3 24,743.12 5 83,584.86. $ 44,034.90 5 $6,745.49 Si 36,836.85
September 5 36,376.11 5 49,909.76 5 59,906.51 5 79,927.37 S 15,405.80
October S 20,695.39 $ 22,570.93 5 41,336.13 5 39,725.01 5 62,246.75

November 5 24,992.93 5 20,028.22 5 20,996.26 8 33,071.74 5 44,016.84

December S 25,889.79 3 72,315.03 5 47,290.90 5 38,948.02 5 96,558.27

$ 71,578.11] $497,282.62 I
$ 511,403.33] $ 626,292.74 |
$657,401.80 I
$493,719.11 I 5 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
Fighters 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.

Kasev Noel 2020 2;); TOTAL

January $2,071.24 $3,841.43 $4,899.15 $1,343.71
'

February $2,228.65 81,21329 $1,924-00 $1,532.25

March 83 ,001.65 $2,511.64 $873.37 $1,784.78
April $3,211.93 $1,747.21 $1,253.50 $1,765.80
May $3,283.73 $2,263.90 $1,851.07 $1,178.10
June $2,001.20 $1,877.79 $1,838.76 $1,370.00
July $2,082.62 $2,000.23 82,93 2.3 5. $3,476.58 $1,986.80
August $3,023.84 $2,694.15 $1,737.52 $873.23 $1,002.69
September 52,92129 $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
December $2,576.54 $1,871.23 81,75124 $2,039.90

$18,748.87 327,707.99 826,932.78 523,130.91 $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 Fighters
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.

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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.

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
follows:

Jamey Noel 5153M Mistv Noel

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

2 Apartment Rental $21,236.36 $791.83

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
6 Donations $27,722.76 $5,887.97
7 Education/1' uition $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
10 Furniture & De'cor $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
l4 Retail Stores $158,329.91 $7,028.88 $132,618.32
15 Time Share & Travel $327,862.55 $638.50 $13,282.45
' '

16 Utilities '

$99,073.63
'

$1,093.49 $15,609.5 1'

l7 Health 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 American Express Card purchases paid for with Utica Township Volunteer Fire Fighters
Association funds was conducted and it was determined that Jamey Noel spent $56,662.37 on cigars and
related items at the Riverside Cigar Shop and Lounge, 201 Spring'Street, Jeffersonville, Indiana 47130.
On March 1, 2024, Detective Chris Hanson and l traveled to the Riverside Cigar Shop and Lounge and
observed Jamey Noel inside the business. We then spoke to the store associate who confinned Jamey
Noel was a frequent customer. A review of the Utica Township Volunteer Fire Fighters Association Bank
records revealed all the charges on the American Express Card for the Riverside Cigar Shop and Lounge
were paid for by UTVFFA and Jamey provided no reimbursement.

Based on the above information and past patterns of fraud, layering, and embezzlement, I am
requesting a search warrant for the Riverside Cigar Shop and Lounge Financial Information regarding
sales to Jamey Noel. 4»

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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, 35-44.1-2-2 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: April 2, 2024 /s/ Lieutenant Jeffrey C. Hearon PE 5201 AFFIANT