The office of the Attorney General of Indiana filed a complaint for recovery of public funds in the Clay Circuit Court, Dec. 22, 2003, against county residents, Linda K. and Victor L. Yocom.
Linda Yocom, who is employed by the State of Indiana at the Putnamville Correctional Facility, has a social security number identical to the Tax Identification Number of non-party Royal Ten Racing, a Kentucky business organization. Royal Ten Racing is engaged in the racing of horses at Hoosier Park, in particular a horse named, Ellen's Lucky Star.
On Oct. 14, and again on Nov. 24, the Indiana Horse Racing Commission submitted a claim voucher, to pay Royal Ten Racing an Owner Award and Breeder Award for races won by Ellen's Lucky Star. The October voucher was for $17,460, and the one in November was for $17,528. The Auditor of the State of Indiana drew warrants in the amount of the claims.
Due to the fact that the Taxpayer Identification Number for Royal Ten Racing and the social security number for Linda Yocom were the same, both warrants were made payable to Linda K. Yocom in error.
According to court records the Yocoms negotiated the warrants and received a total of $34,988. They had not repaid the money as of Dec. 22.
The State of Indiana is requesting the court to enter a judgment against Linda and Victor Yocom, jointly, to recover the $34,988.
They also are asking for costs and legal fees. Indiana Code 34-024-3-1 provides that the injured party may bring a civil action for an amount up to three times the actual damages. The Yocoms could be asked to pay the State $104,964.
The State has also filed affidavits for garnishment from Riddell National Bank, First National Bank and Trust, First State Bank, Indiana State University Federal Credit Union, Clay County Farm Bureau Credit Union and the Fifth Third Bank.
The State of Indiana, by counsel, Steve Carter, Attorney General and Lawrence J. Carcare II, Deputy Attorney General, is requesting a trial by jury.
The Yocoms are being represented by Mark Watson of the Law Office of Rowdy Williams. The Yocoms declined to comment about the case on the advice of their attorney.
Initial hearing has been set in Clay Circuit Court at 9 a.m. Jan. 14, 2004.