Scheme’s leader faces his final years

Less than two weeks ago the court also rejected his latest attempt, a form filed without the help of an attorney seeking to have his conviction or even his original indictment thrown out.

In 2016, Burks, then 69, was convicted of wire and mail fraud conspiracy, wire and mail fraud and tax fraud conspiracy and was sentenced 14 years and eight months in prison. He also was ordered to pay $244 million in restitution. Two other leaders of Zeek Rewards, who lived in Arkansas, were convicted as well but received much lesser sentences.

In 2020, Burks sought to have the court reduce his sentence to time served, arguing that the wave of COVID-19 then spreading through the prison in Lexington, Kentucky, where he was being held was an especially mortal threat because of his age and multiple health problems — including high blood pressure, diabetes, atrial fibrillation, hypertension, anemia and mild chronic renal failure, and he previously has had cancer and has a pacemaker. He wanted to be sent to live with his daughter.

While his request was pending in court, Burks contracted COVID-19 but suffered only mild symptoms, according to court files.

Burks continued to seek early release, arguing in part that he was likely to die before his sentence ends in February 2028.

One court filing cited a letter from Burk describing his living conditions: barracks-style housing with 18 double bunks spaced about 4 feet apart. Burks sleeps in a lower bunk. The inmates have sharply limited time outdoors. He reports going up to 20 days without a bath because of a lack of hot water.

The court rejected all of the arguments.

On the question of dying in prison, the court wrote, “The fact that Defendant chose to steal money from his victims while in his sixties and is therefore facing imprisonment until he is into his eighties is simply a consequence he must face for his actions.”