Swadley's BBQ Co-Founder Says Family’s Reputation & Business Are Under ‘Attack’

Brent Swadley, Co-Founder of Swadley's BBQ, wrote a letter addressing Oklahomans amid an ongoing investigation into the restaurants he created on behalf of the Oklahoma Tourism Department.

Swadley explained that his company was selected to renovate and enhance six restaurants in Oklahoma state parks, a project they had no prior experience with. "We relied on the state for their guidance," he wrote, highlighting challenges like the pandemic, rising costs, and changing demands from the Oklahoma Department of Tourism. Swadley noted that despite these difficulties, his family continued funding the project from their own pocket when state payments stopped, saying, "For the final eight months, we continued building... not knowing the state was purposely withholding payment."

Swadley also responded to what he refers to as 'accusations from Attorney General Gentner Drummond', who alleged that Swadley’s misled the state. Swadley denied these claims, calling them “false, politically motivated” and emphasizing, "Nothing could be further from the truth." He detailed the legal hurdles his team has faced, accusing Drummond of attempting to disqualify his legal team to hinder their defense.

He closed the letter by expressing confidence that the truth would emerge, stating, “God knows the truth, and we trust it will come to light.”

The letter is below, but Drummond has already issued a response:

“Mr. Swadley will certainly have his day in court to make his case. In the meantime, I will continue to aggressively prosecute anyone who defrauds Oklahoma taxpayers.”

What Happened?

Swadley, Curtis Ray Breuklander, and Timothy Raymond Hooper were charged with one felony count of conspiracy to defraud the state and five felony counts of presenting false or fraudulent claims against the state earlier this year.

Drummond said the men will be prosecuted by his office on behalf of the people of Oklahoma.

Prosecutors said that Swadley’s Foggy Bottom Kitchen presented false invoices to the Tourism Department for payment of public funds, and they worked with a restaurant supplier to fabricate invoices with inflated amounts.

A news release said that an additional 30% was allegedly added to a fabricated invoice for two used food smokers.

According to the indictment, separate sets of invoices were maintained by Swadley’s Foggy Bottom Kitchen.

One set contained original invoices received and paid by the company, and the other set contained fraudulent invoices billed to the Tourism Department.

The indictment alleges the conspiracy to defraud the State began in October 2019 until the contract was canceled in 2022.

RELATED:

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The full letter can be read below:

"Letter to the Editor & Oklahomans:

Nearly three decades ago, my family started a humble barbecue stand in a Walmart parking lot. It has grown to eight successful restaurants under the proud Swadley's BBQ family-owned and operated restaurants that we are honored to run today. This dream, rooted in Christian faith and a strong work ethic, was born from a simple desire: to serve our community with integrity and great food. For example, we honor the sabbath and close our restaurants on Sunday so our employees can spend time with their families. Our commitment to these values has never wavered, even in the face of recent accusations.

Due to the politically charged times in which we live, our family's reputation and business areunder attack. However, our family knows the truth will be revealed because of the same unwavering Christian faith that built Swadley's BBQ and the loyal customers who made it the remarkable success it is today.

We felt a deep sense of pride and responsibility when selected to renovate and enhance six restaurantswithin Oklahoma's state parks. Still, we hesitated at the intimidating size of this task. Our family had never done it before, so we relied on the state for their guidance.

The challenges we faced were significant, from adapting to the COVID-19 pandemic restraints, supply-chain issues, the rising cost of building materials, to navigating the difficulties of a large-scale project in rural areas under a government management team with strenuous timelines and the constant changes that were requested by the Department of Tourism.

Governor Stitt, Lt. Governor Pinnell, and tourism's then-executive director, Jerry Winchester, inherited a neglect problem from previous administrations. During construction, we uncovered years of rot and wear and tear on the facilities, which led to constant changes in the size and scope of the project. We all had the best intentions and wanted the same thing to make our state parks the most beautiful and delicious dining destinations for in-state and out-of-state tourists.

However, personal political conflicts apparently entered the arena. Governor Stitt and Lt. Governor Pinnell were up for reelection, perfect timing for a political storm as the former district attorney, who we believe had a beef with the governor, was leaving office. Now, the state attorney general, said to be planning to run for governor of our great state, has gotten involved and is pushing a false, politically motivated narrative accusing us of purposely misleading the government. Nothing could be further from the truth.

The truth is, as the project's magnitude increased, and constantly changes, the state's payments ceased. For the final eight months, we continued building and funding the renovation of the state park restaurants out of our family's own pocket, not knowing the State Department of Tourism's junior administration was purposefully withholding payment. There are two witnesses who confirm that was the state's intent.

That is not how one conducts business - and certainly should not be how a government entity conducts business. We forged ahead because we were obligated to finish what we started. We did it for Oklahoma; we did it for you!

Swadley's BBQ remains a pawn in this political gamesmanship - and far worse than that, our customers are being lied to by officials for their political gain. The attorney general is using the state's disorganization to cause political damage to the current administration which oversaw and approved our work. The state owes our family millions of dollars for the work we self-funded and legal fees incurred to defend myself.

Can you imagine how difficult it is not to be able to scream from the rooftop your side of the story? To have criminal charges when you have never been interviewed by the Oklahoma State Bureau of Investigation? Due to litigation, I have been reluctant to speak out.

This letter encourages you to delve into court filings, especially recent court actions which reveal the real AG.

AG Gentner Drummond has made it unnecessarily expensive for me to defend myself and my company. While I have been awaiting trial where I expect to clear my good name, the AG filed an unmeritorious civil suit in the name of the State Tourism Department seeking millions of dollars in damages from us. Then this summer, AG Drummond sought to disqualify my legal team in the civil suit after they had worked on the civil case for over two years. The day before the court was to rule on the AG's disqualification motion, Drummond withdrew it, making all the work my legal team had done to fight the motion worthless. A few days later, he refiled the motion. Then again, Drummond withdrew that motion the day before the judge could rule on it. This additional, unnecessary legal work I was paying for went out the window. The AG was just trying to prevent my lawyers from using information they legally had gained to defend me in the criminal case against me in the civil case against my company.

In the America I know and love, you are innocent until proven guilty. When information reinforces innocence, why would you not want that truth to be shared? As a state attorney general, at minimum, you are to ensure a fair trial, share all evidence, and stand for justice.

We have learned that AG Drummond has trashed me in public forums, where he stood in front of a room of hundreds of people on at least two recent occasions and wrongfully spoke about the Swadley case, telling the crowd I was going to 'do some time.' This is not only unfair, but I am also told it runs against legal ethics rules because it might potentially taint the jury in my criminal case.

It is our opinion that Drummond is bullying a hard-working citizen (and his employees) while selfishly using his office to bolster his political ambitions - and all on Oklahoma taxpayers' dime.

Despite all these legal hurdles and political gamesmanship, our dedication to contributing positively to the great state of Oklahoma has always been our priority. This same dedication fuels our current efforts to address concerns and ensure transparency and accountability. I hope our government shares in this effort and invests its resources responsibly to thoroughly evaluate every factor and individual that led to the political crumbling ofsuch a successful project for the state parks of Oklahoma.

As a proud Oklahoman, I stand by our Swadley's Foggy Bottom Kitchen work and noble intentions that drive our family and hard-working crews. Our growth from a small family food stand to a local staple is a testament to our unwavering dedication to hard work, community, honesty, and integrity. If I had a crystal ball, as much as I love this state, I would have never agreed to help the State Tourism Department clean up the restaurants in our state parks. This endeavor has had a terribly detrimental impact to our family financially and emotionally. But it wil not ever break us spiritually.

These are certainly some of our darkest days. We never could have imagined going from running a successful family-owned Christian-based BBQ restaurant to being a political pawn in the game of government. God knows the truth, and we trust it will come to light.

We are deeply grateful for the support of our customers and community, and we pledge to continue serving them with the same values that have defined us from the beginning.

Being a Christian does not mean being perfect. I will be the first to admit that we all have flaws. My late father would always say, 'Today's a new day; let's make fewer mistakes than yesterday.' I'm trying, Dad.

Sincerely, Brent Swadley, Co-founder of Swadley's BBQ "

The full timeline of events:

March 31, 2022

According to a newly released State Audit, the state said they had some concerns about how the Department of Tourism was spending money. On March 7, 2022, a report from the state auditor found there weren't enough checks and balances in place to make sure taxpayer money was being spent the way it should. "We determined that effective internal controls are not in place to ensure that all funds received at state parks with substantial physical receipts are deposited in line with GAO Standards for Internal Control."

April 15, 2022

The online publication, NonDoc, reported that the Oklahoma Tourism Department would be making changes to its million-dollar contract with the restaurant chain Swadley's BBQ.

April 25, 2022

The Oklahoma Tourism & Recreation Department canceled the lease concession agreement with Swadley’s Foggy Bottom Kitchen. The Department says they began an investigation after reports of financial irregularities were brought up in early 2021.

April 29, 2022

Oklahoma Gov. Kevin Stitt accepted the resignation of embattled Tourism Director Jerry Winchester and announced the state is filing suit against Swadley’s Foggy Bottom Kitchen after the state cut ties with the restaurant company.

May 6, 2022

A special investigative House committee issued its first subpoenas in its inquiry into the circumstances behind a lucrative restaurant deal between the Oklahoma Tourism and Recreation Department and Swadley’s Foggy Bottom Kitchen. The committee commanded Gino DeMarco, former tourism deputy director, and Steven Harpe, director of the Office of Management and Enterprise Services. The OTRD abruptly ordered Swadley’s to abandon its six restaurants at state park lodges amid criticism of the profitable contract awarded to the barbecue restaurant chain as well as allegations that Swadley’s overcharged the state millions of dollars for facility renovations.

May 13, 2022

The House investigation began looking into two parts of the business, with the first being how the tourism department contract incentivized Swadley's to lose money and also how the restaurant chain spent taxpayer dollars. The committee heard from Mike Jackson, the director of a legislative watchdog group known as LOFT. He said Swadley's inflated costs for travel and restaurant equipment and that the state paid it all without verifying. Dozens of invoices flagged showed Swadley's tacked on added fees as high as 30% or more, even though that was not covered in the contract. The contract was signed by a now former director of tourism. Lawmakers compared it to handing state money out for no reason.

June 22, 2022

Swadley's Foggy Bottom Kitchen, LLC, filed two legal documents in connection to the investigation into its business with the state of Oklahoma. One was a counterclaim to the state's lawsuit against it and the other a lawsuit against a former employee. The suit against former Swadley's executive Curt Breuklander was filed in Oklahoma County District Court.

According to court documents, Swadley's claims Breuklander was a disgruntled former employee who talked to media in April 2022, alleging that Swadley's overcharged the state of Oklahoma as part of its tourism deal involving the Foggy Bottom Kitchen restaurants at state parks. Swadley's alleges that Breuklander defamed its business and that even if the allegations were true, Breuklander was the executive involved with implementing any agreements with the state. The counterclaim suit against the state of Oklahoma alleges breach of contract, unjust enrichment, breach of the covenant of good faith and fair dealing, reformation, business disparagement and defamation. Swadley's seeks actual and consequential damages from the state related to Oklahoma's decision to end its contract with Swadley's in April.

July 27, 2022

The Oklahoma Tourism and Recreation Department filed more robust claims against Swadley’s Foggy Bottom Kitchen, which the state had contracted to renovate and manage state park restaurants. The OTRD, represented by the Oklahoma State Attorney General’s Office, filed an amended petition this month alleging Swadley’s “overcharged” the state “for a number of items” related to the renovation of state park lodges. “Swadley’s submitted invoices for reimbursement of equipment that it never delivered to any of the restaurants,” the lawsuit claimed. The state also alleged Swadley’s failed to produce tax and other financial documents when requested. Swadley’s narrative of events, detailed in a counterclaim, were starkly different from that of the state. The company denied ever overcharging the state and said Swadley’s officials returned more than $743,000 to the state after discovering it had over-invoiced the OTRD.

The state of Oklahoma accused Swadley's Foggy Bottom Kitchen of hiring someone with a criminal record, according to an amended lawsuit filed earlier this month. The employee later assaulted another employee at one of its state park restaurants. Lawyers for Swadley's are denying the allegations. The state also claims Swadley's didn't install a commercial fire alarm or sprinkler system and said the chain instead installed a non-working residential fire detector. Swadley's told an Oklahoma County court that was also untrue.

January 22, 2023

After conversations between Oklahoma Attorney General Drummond and Oklahoma County District Attorney Vicki Behenna, the Office of the Attorney General assumed responsibility for working with the OSBI in the Swadley's scandal. Vicki Behenna has since directed the OSBI to disclose the investigation to the Office of the Attorney General.

February 9, 2024

A multi-county Grand Jury indicted three men for conspiracy to defraud the state and other claims that stem from Swadley's Bar-B-Q contract with the Oklahoma Tourism and Recreation Department, according to a release from Attorney General Gentner Drummond. On Feb. 9, Ronald Brent Swadley, Curtis Ray Breuklander, and Timothy Raymond Hooper were charged with one felony count of conspiracy to defraud the state and five felony counts of presenting false or fraudulent claims against the state. Prosecutors said that Swadley’s Foggy Bottom Kitchen presented false invoices to the Tourism Department for payment of public funds, and they worked with a restaurant supplier to fabricate invoices with inflated amounts. The news release said that an additional 30% was allegedly added to a fabricated invoice for two used food smokers. According to the indictment, separate sets of invoices were maintained by Swadley’s Foggy Bottom Kitchen. One set contained original invoices received and paid by the company, and the other set contained fraudulent invoices billed to the Tourism Department.

February 14, 2024

Swadley's owners Brent Swadley and Timothy Hooper turned themselves in at the Oklahoma County Detention Center.

March 25, 2024

New filings in the state's lawsuit against Swadley's Foggy Bottom Kitchen say the restaurant group owes the Oklahoma Department of Tourism millions of dollars. According to the lawsuit, in February 2024, Swadley's said the state owed the restaurant nearly $2.6 million. On March 25, 2024, the state responded, saying Swadley's actually owes the Department of Tourism $4.7 million. This all stems from a failed contract with the Oklahoma Department of Tourism that cost more than $16 million in tax dollars. The state's response to Swadley's request for money includes mentions of criminal indictments. Prosecutors said that Swadley’s Foggy Bottom Kitchen presented false invoices to the Tourism Department for payment of public funds, and they worked with a restaurant supplier to fabricate invoices with inflated amounts.

October 3, 2024

Brent Swadley, Co-Founder of Swadley's BBQ, wrote a letter addressing Oklahomans amid an ongoing investigation into the restaurants he created on behalf of the Oklahoma Tourism Department.