July 31, 2013

Ex-Chelsea official faces new trial – on extortion charges

Carole Swan was convicted last week of fraud, and had asked for the extortion charges to be separated so she could testify about the fraud.

By BETTY ADAMS Kennebec Journal

(Continued from page 1)

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Carole Swan

Staff photo by Betty Adams

On the witness stand last week, Swan said much of what she told deputies that day were lies. Portions of her interview were played for jurors as well.

In an attempt to get Swan’s statements suppressed last September, Sharon wrote, “The question is what was Carole Swan’s intent when she unquestionably received monies from Mr. Monroe. Was she a criminal or a citizen conducting her own investigation?”

Clark said evidence will show that Swan received $3,000 in her driveway from Monroe around Jan. 25, 2010; an additional $7,000 from him on Dec. 3, 2010, at the Chelsea sand shed, and expected $10,000 on Feb. 3, 2011, from him.

Monroe testified on Aug. 18 that on the first two occasions he paid Swan with his own money. But when she told him to short the town on sand and kick back $10,000 to her, he said he felt he had to go to sheriff’s deputies.

“I was wrestling with who to go to and not have it come back to bite me,” he said.

Monroe received immunity from prosecution in regards to those payments in return for testifying, he said.

Swan has said she was investigating Monroe for allegedly overbilling the town and believed she had to get more than $10,000 from him so she could go to the district attorney’s office to get him prosecuted.

Part of her defense included testimony from her and her sons that she was subjected to domestic abuse by Marshall Swan, her husband of 29 years, and feared him so much she lacked intent to defraud.

On Friday, a jury convicted Swan of five counts of income tax fraud for the years 2006–2010 and two counts of defrauding the federal workers’ compensation program.  Those convictions carry maximum prison terms of three to five years.

Woodcock allowed Swan to remain free on bail and delayed a pre-sentencing investigation in that case until after the extortion charges are resolved.

Swan was cleared of two additional counts of defrauding the workers’ compensation program, on March 15, 2010, and May 11, 2011, and of committing fraud on a federally funded program that paid for most of the 2007 Windsor Road culvert replacement project.

The maximum sentence on each of the extortion counts is 20 years in prison and $250,000 in fines.

Marshall Swan, 56, of Chelsea, is scheduled to go on trial Oct. 8 on the same five counts of income tax fraud for which Carole Swan was convicted. They filed their tax returns jointly. He is also accused of aiding and abetting federal program fraud. It is unclear whether that charge will remain in place since Carole Swan was cleared of committing fraud on a program receiving federal funds.

Betty Adams can be contacted at 621-5631 or at:


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