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12/08/2022

IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE

IN RE: BRIAN KIRK KELSEY, BPR NO. 022874
An Attorney Licensed to Practice Law in Tennessee
(Shelby County)
________________________________
No. _ M2022-01698-SC-BAR-BP
BOPR No. 2022-3299-9-AW-22.3
________________________________
ORDER OF ENFORCEMENT
This matter is before the Court pursuant to Tenn. Sup. Ct. R. 9, § 22.3, upon a Notice
of Submission filed by Disciplinary Counsel for the Board of Professional Responsibility
consisting of a certified copy of Petition to Enter a Plea of Guilty filed in United States
District Court Middle District of Tennessee Nashville Division (attached as Exhibit A),
demonstrating that Brian Kirk Kelsey, a Tennessee attorney, pled guilty to two serious
crimes, i.e., Conspiracy to Defraud the United States and Aiding and Abetting the
Acceptance of Excessive Contributions.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED, AND
DECREED BY THE COURT THAT:
1.
Brian Kirk Kelsey is suspended from the practice of law on this date pending
further orders of this Court, pursuant to Tenn. Sup. Ct. R. 9, § 22.3.
2.
This matter shall be referred to the Board of Professional Responsibility for
the institution of a formal proceeding in which the sole issue to be determined shall be the
extent of the final discipline.
3.
Brian Kirk Kelsey shall fully comply with the provisions of Tenn. Sup. Ct.
R. 9, § 28, concerning disbarred or suspended attorneys.
4.
The Board of Professional Responsibility shall cause notice of this
suspension to be published as required by Tenn. Sup. Ct. R. 9, § 28.11.
PER CURIAM

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT Orli TENNESSEE
NASliVILLE DIVISION
UNITED STATES OF AMERICA
v.

CASE NO. 321-43r-.00264
CHIEF JUDGE CRENSIIAW

BRIAN KELS
PETITION

T gNTER A PLEA OF GUILTY

I, Brian Kelsey, respectfelly represent to the Court as follows:
(1) My true full name is Brian.Kirk Kelsey, I was born on December 22, 1977,
I am 44 years old and completed nineteen years offormal education.
(2)My lawyers are Jerry MUrtin, David Rivera, and Paul Bruno.
(3)I have received a copy of the Indictment before being called upon to plead,
have read and diecussed it with my lawyers, and believe and feel that I understand
every accusation made against me in the indictxnent.
(4) l have had sufficient opportunity to discuss with my lawyers the facts and
8urrounding circumstances concerning the matters mentioned in the Indictment. lYly
lawyers have counseled and advised with me as to the nature and cause of every
accusation against me. We have thoroughly discussed the government's case Against
me and ray,potential defenses to the government% ease, My lawyers have explained
each element qfthe crimes charged against me and what the government woubl offer
to prove these elements beyond a reasonable doubt,
understand that the statutoxy periatier the offenses with whichl am
rged are as follows:
Conspiracy to defraud the United States, in violation 0f 18
US.C.§371.
Possible Sentence: Not more than 5 years
Possible Fine:
$250,,000.00
Possible'Term of Supervised Release: Not more than 3 years
Special Assessment $100.00
ATTEST AND
Count. 1.

CERTIFY

A TR Lr. CO py
Exhibit A

Clerk
Us. District Court
Middle Di. trict of TressPe
By:
Deput 'lerk

Case 3:21-cr-00264 Document 72 Filed 11/22/22 Page 1 of 7 PagelD #: 199
A.

Count 2.

Aiding arid abetting the solicitation, receipt, dircgtion,
transfer„ and spending of $25,000 end more- of soft rnoney
in connection with a federal election, in violation of 52
1LS.C. §§30.125(0:00) aua ao108(d)(1)(A)(i) and, 18
US.C."§2,.
Possible Sentence: Not morethat 5 years
Feasible Fine:
$250,000.00
Possible Term OfSupervised.Release Not rnOre than 3 years
Special Assessment: $100,00
Coun

Aiding and abetting the spending of $25,000 and more of
soli money from a State officeholder in eannection with a
federal election, in violation of ,52
§§30125(f)(1),
and.
-§2.
30101(20)(A)(lii),
30100(d)(1)(A)(i) and IA
Possible Sentence: Not more than5 years
Possible Fine:
$250,0,00.00
Possible Term of Supervised Release: Not more than a years
Special Assessment: $100.00
Count 4,

Aiding and abetting the making Of excessive contributions,
in, violation of52 U.S.d.§§30116(a)(1)(A),30116(a)(7)(B)(i),
§2.
and 30100(d)(1)(A)(i) and 18
Possible Sentence:, Not more than 5 years
Possible Fine:
$250,000.00
Possible Term of Supervised Release: Not more tha-ri 3 years
Special Assessment: $100.00
Count 5.

Aiding and abetting the acceptance of excOfiEiiVa
contributions, in violation of 52 USX. §§20116(a)(1)(A),
301140(7){3M, 801-160}, -and 301090(1)(A)(i) and IS
12.
Possible Sentence: Net more than 5 years
Possible Fine:
$250,000.00
Possible Term ofSupervised Release: Not more than $ years
Special Assessment: $100.00
(6) have bean advised that will be sentenced to a sentence sufficient but not
greater than necessary to satisfy the goals of sentencing specilied in 18 11S,C,
§3553(a). One consideration will be Guidelines established by the United States
Sentencing Commission, understand that these Guidelines are,advisory, but that
the Court musttake accOOnt Of thO Guidelines together with ether sentencing goals.
My lawyers and have discussed the calculation of the Guidelines in rny oase. l‘fry

Case 3:21-cr-00264 Document 72 Piled 11/22/22 Page 2 of 7 PagelD #: 200

lawyers have given me an estimate of the Guidelines range that may apply in my
case. I realize that this is simply my lawyers' estimate. I understand that my
advisory Guideline range will be calculated by tbe United States Probation Officer
who prepares the presentence report itt, my case. This estimation is subject to
challenge by either me or the government, unless prohibited by, a plea agreement.
The final Guideline calculation will be made by the Court. i.further understand that
I may be sentenced to a fine to be calculated through the Guidelines. No fine will, be
irnPosed if the JUdge finds me unable to pay any fine, Considered in this fine may be
the amount of financial loss to the victim or gain to me as well as the costs of any
confinement or probation supervision. The Court may also order that restitution be
made to any victim of the offense. I have a right to a review of ray sentence by the
United States Court of Appeals for the Sixth Circuit unless waived in the plea
agreement.
(7)I understand that, under 18 U,S.C,§8561(a),iam not eligible for a sentence
of probation if i receive any sentence of imprisonment at the same time on these
offenses or any other offense, or am convicted, of a Class A or Class B felony, or the,
offense is one for which probation is.expressly prohibited. I have been.informed that
under the present-federal sentencing system there is no parole,I will receive only 54
days good time credit per year andit will not vest until,the end ofeach year. J. further
understand that ifT am sentenced to a period ofsupervised release anti I violate the
terms of that supervised release, upon revocation I could be imprisoned again.
(8)I underatand that should this plea of guilty be accepted,I will be a. convicted
felon in the eyes of the law for the rest of my life. This means, under present law,
that(a)I cannot vote in. Tennessee, unless ray right to vote ia lawfully restored, and
may not be eligible to vote in other states;(h)I cannot possess a firearm anywhere;
(c) if I am presently on probation, parole, or supervised release, whether state or
federal, the fant that I have been convicted may be used to revoke my probation,
parole or supervised release, regardless of what sentence I receive ori this case;(d)
I am convicted,of any crime in the future, whether state or federal, this conviction
may be used to increase that sentence;(e)I may have to disclose thefact that I am a
convicted felon when applying for employment and such disclosure may result in my
not gettingsome jobs and having difficulty in getting others. IfI have been convicted,
ofcertain drug offenses, my tIonviction may result in my losing entitlement to certain
federal benefits pursuant to the Anti.DrugAbuse Act of 1988. I understand that this
list may notinclude all ofthe adverse consequences of my conviction in this case.

Case 3:21-u-00264 .Dacumerit 72 Filed 11/22122 Page 3 of 7 PagelD #: 201

(9) I understand that I can plead "NOT GUILTr to any or all, offenses charged
against me, arid continue to plead'NOT- GUILTY',and thatif TchUose to plead not guilty,
the Constitution guarantees me (a)the right to a speedy and public trial by jury;(b) the
right not to testify and no implication of guilt would arise by my failure to du so; 0/ the
right to be presumed innocent until such tiine, ifever,that the government proves my guilt
beyond a reasonable doubt to tbe satisfaction of a court and jnry;(d)the right to see and
hear all the witnesses and to cross-examine any witness who may testify against'me;(e)
the right to We the power and process ofthe courtto compelthe production ofany evidence,.
including the attendance ofAlly witnesses, in my favor; and to testify in my own behalfifI
choose to do so;(I)the right,to have the assiatanco of counselinmy defense at all stages of
the proceedings;(g)ifI arn convicted at such trial, have the right to appeal with a lawyer
to aSsist me and the appeal will not cost me any money ifI am indigent. I understand that
if the Court accepts My plea that there will be no jury trial and that I will be convicted of
the count(S) to which I plead guilty just as if a jury found me guilty of the charge(s)
following a trial. The Court may then impose sentence upon me, subject to the maxixnum
punishments set ferth in paragraph (5).
(10)No officer or agent of any branch of government(federal,state ak local), nor any
other person, haa guaranteed me,what sentence I will receive*. Ifthere are any agreements
between myselfand my lawyer and the prosecutionconcerning my plea, they are fully set
forth in paragraph (13) below, I umierstand that even with a plea agreement, no person
can bind the Judge to give AU particular sentence in my case. If the Judge rejects an
agreement pursuan.t to Federal Rule of Criminal. Procedure 11(c)(1XA) or (0), I will be
offered the opportunity to withdraw my guilty'plea If the Judge rejects a recommendation
made pursuant to Rule 11(c)(1).(B), I have no right to withdraw my plea. I understand that
if the Judge decides to make a recommendation about where I should serve any
incarceration, the recommendation is not a 'promise or a guarantee, but orily a
recommendation and ia not binding on the Bureau or Prisons which will make the final
decision(after I am sentenced)about where will be incarcerated*
al)*lawyers have done all the investigation and research in this case that I have
asked them to do, and have reviewed with me the discovery material provided by the
Geyer/uncut* I am satisfied with their representation at tbis point.
(12) Fully understanding my rights to plead. '14(yr otin,Tr and fully
understanding the consequences of ray plea of guilty, I wish to plead 'Gualrix- and
respectfully request the CoUrt to accept my plea as follows:
I agree to plead guilty to Counts 1 arid 5 of the Indictment.

Case 3:21-cr-00264 Document 72 Filed

/22/22 Page 4 ei 7 PagelD #: 202

OA) This plea is a. resuk of a plea agreement between my lawyers and the
prosecution under the provisions of Rule 1.1 of the Federal- &des
Criirana
Procedure. The plea agreement is as follows:
Please see attached plea agreement
(14) offer my plea of"GUILTY'freely and voluntarily and of my own accord;
also, my lawyers have explained to me, and I feel and believe 1 understand this
petition.
(15)I arn not under the influence of either drugs or alcohol.
(16) I request the Court to enter now my plea of ''ourrffr as set forth in
paragraph(12)of this petition,inreliance upon my statements made in this petition.
(17) Recognizing that the Court may reserve acceptance of this plea pending
the rorleipt of the pre sentence report, I hereby agree that the pre-sentence report
may be disclosed to the United States Attorney, my counsel and myself, prior to the
sentencing hearing.
Signed by me this thc 22nd day of November, 2022.

r
an Kelsey,

dant

ACKNOWLEDGMENT OF GOVERNMENT ATTORNEY
Tho maximum puniShment, plea and plea agreement are accurately stated above..

Amanda lilkpf
Attorney for the Gove

eat

Case :21-cr-00264 Document 72 Filed 11/22/22 Page 5 of 7 PagelD #: 203

CERTIFICATE OF COUNSEL
The madersigned, as attorney and counselor for Brian Kelsey, hereby certifies
as follows:
(1) have read and fully explained to Brian Kelsey all of the accusations
against him,in this case;
(,2) To the best: of my knowledge and belief each statement set forth in the
Ibregoing petition is accurate and true;
0) In ray opinion, the lilea ''sunair as offered by Brian Kelsey in
paragraph (12)of the foregoing petition, is veluntarily and understandingly nu*,
and I recommend,to the Court that the plea of A‘GUILT,r be accepted and entered as
requested in paragtaPh 02)ofthe fOregoing petition,
Signed by me this 22nd day of November, 2022.

e24-1,
Paul BMW
Attorney for Brian Kelsey

Case 3:21-cr-00264 Document 72 Piled 11/22/22 Page 6 of 7 PagelD #: 204

UNITED STATES msnucT COURT
MIDDLE mstritiVT OF TENNESSEE
NASHVILLE DIVISION
UNITED STATES OF AIVIERICA.
v.

No.3:19-er-00304
CHIEF JUDGE CRENSHAW

BRIAN KELSEY

Good cause appealing therefore fi.om the foregoing petition of the foregoing
named defendant and the certificate of his counsel and for ail proceedings heretofore
had in this case, it is ORDERED that the petition be granted and the defendant's
plea, of 4'a-mLfrr be accepted and entered s prayed in the petition and. as
recommended in the certificate of counsel.
Done in open -court this 22fta day of November, 2022.

Case 3:21-cr-00264 Document 72 Filed 11122/22 Page 7 of 7 PagelD #; 205

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