In March 2020, Swadley's Bar-B-Q landed a cushy contract with Oklahoma's Tourism and Recreation Department, using taxpayer money to remodel and manage six restaurants in state parks under the Foggy Bottom Kitchen brand.
About a year and a half into that contract,a whistleblower told state authorities Swadley's had been cooking its books to overcharge the state millions of dollars. A multi-county grand jury indicted Swadley and two of his business partners in 2024. Each man was charged with one count of felony conspiracy and five counts of felony fraud.
A jury found Swadley guilty on all charges in May. Thursday, an Oklahoma County judge sentenced him to pay $50,000 in fines and $1.2 million in restitution to the state.
After the state's legal fees have been paid, the remaining money will go to the Oklahoma Department of Recreation and Tourism, according to a spokesperson for the Office of the Attorney General.
But Attorney General Gentner Drummond is not satisfied with the sentence Oklahoma County District Judge Cindy Truong handed down.
"Judge Truong has invited fraudsters like Brent Swadley to injure Oklahoma with impunity," Drummond said in a statement. "She should resign."
The jury had recommended a 10-year prison sentence when they returned a guilty verdict on Swadley earlier this year. At Swadley's sentencing hearing this week, prosecutors asked for 10 years in prison and $10 million in restitution.
But Truong's sentencing does not require Swadley to spend any more time in jail or prison. He's been in jail, in both Oklahoma and Grady Counties, since his trial concluded.
Instead, Swadley will serve a six-year deferred sentence — a probationary period during which infractions would send him back behind bars.
Oklahoma district judges can disregard a jury's sentencing recommendation. But Drummond said judges often follow the recommendations for a reason.
"When a judge ignores years-long investigations by multiple state agencies and a jury of Oklahoma citizens who thoroughly reviewed all of the evidence, public confidence in the justice system is undermined," Drummond said in a statement.
This isn't the first time Truong has received public criticism for lenient sentencing. In 2024, Oklahoma County Sheriff Tommie Johnson III wrote a social media post and held a press conference condemning Truong's decision to release a repeat violent offender, who went on to kidnap and rape a rideshare driver within months of his release.
Truong was first elected to her judgeship in 2010. Since then, including this year, she has won reelection without appearing on the ballot after drawing no challengers.
Truong's office did not immediately respond to a request for comment on Drummond's statement.
Swadley was charged alongside two other defendants, Timothy Hooper and Curtis Brueklander, who both struck plea deals with the court. Hooper received a five-year deferred sentence — a probationary period after which the judge may decide to clear his record. Brueklander received a 10-year suspended sentence but will not pay restitution.
This report was produced by the Oklahoma Public Media Exchange, a collaboration of public media organizations. Help support collaborative journalism by donating at the link at the top of this webpage.
