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Former ARC CEO seeks to delay federal fraud and money laundering trial until next year
ASHLAND, Ky. — The attorney for former Addiction Recovery Care CEO Tim Robinson Jr. is asking a federal judge to postpone Robinson’s upcoming fraud trial, arguing that the case is too complex to be ready by its current Aug. 10 trial date.
Robinson was indicted by a federal grand jury in June on one count of wire fraud and two counts of money laundering. Prosecutors allege Robinson orchestrated a scheme involving the sale of millions of dollars in Employee Retention Credit tax refunds claimed by ARC during the COVID-19 pandemic.
According to the indictment, ARC sought more than $6.9 million in Employee Retention Credits for two quarters in 2021. Prosecutors allege Robinson first sold the rights to those tax credits to one buyer in 2025, then later concealed that transaction and sold the same credits to a second buyer, who wired millions of dollars to ARC. After the IRS issued the refunds, prosecutors allege Robinson directed that the money be used for ARC’s operating expenses and debt obligations rather than being transferred to either purchaser.
In a motion filed Tuesday, Robinson’s attorney, Michael Fox, says the government has turned over extensive financial records involving multiple corporate entities and numerous bank accounts, making it impossible to adequately review the evidence and prepare a defense before trial. The motion also says the defense is still seeking additional records that have not yet been produced.
Fox also says he must identify and interview multiple witnesses, many of whom live outside Kentucky, requiring additional time to coordinate travel and conduct interviews.
The motion cites other factors as well, including Fox’s recovery from surgery for a torn Achilles tendon, which he says has limited his ability to travel and devote the sustained preparation time the case requires. It also notes he is scheduled to try an unrelated federal kidnapping and firearms case in October and is seeking to avoid a scheduling conflict that could affect his representation of both clients.
In addition to requesting a new trial date, Robinson is asking the court to extend the deadline for deciding whether to plead guilty under a plea agreement while preserving credit for acceptance of responsibility. The motion says additional time is needed for Robinson and his attorney to fully evaluate the evidence, consider any plea offer and determine whether to proceed to trial.
The defense argues the delay is justified under the federal Speedy Trial Act because it is necessary to allow effective trial preparation. The motion also states Assistant U.S. Attorney Paul McCaffrey does not object to the request. Robinson is asking that the trial be rescheduled for no earlier than Jan. 6.
The court has not yet ruled on the motion.
A copy of the motion follows:
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Floyd men arrested in federal child exploitation indictments
LONDON, Ky. — Indictments unsealed today in London federal court accuse two Floyd County men of child porn charges in unrelated cases.
In the most serious case, Bryan Cantrell, 31, of Minnie, is charged with two counts of producing a visual depiction of a minor engaged in sexual explicit conduct and one count of transporting a minor with the intent to produce sexually explicit conduct for distribution.
The charges are all alleged to have taken place in January and February of 2024.
Each of the charges against Cantrell is punishable by 15-to-30 years in prison, if he is convicted.
Cantrell was previously indicted on a charge of second-degree rape in Floyd County for allegedly having sex with a child younger than 14 in April of 2024. That charge remains pending in Floyd Circuit Court.
In the second case, Simon Roxas, 23, of Prestonsburg, is charged with possessing child porn of a victim younger than 12. That charge is punishable by up to 20 years in prison.
Roxas was previously arrested on an indictment in Floyd Circuit Court regarding the same case, charging him with possessing and distributing child porn.
The case against Roxas came to the attention of authorities after a friend found child porn images on his phone. A forensic examination by Ashland Police later discovered nearly 200 images on his phone.
That case remains pending, but will likely give way to the federal case.
Both men were arrested by Prestonsburg Police in a roundup of three people facing child exploitation charges, dubbed Operation Safe Harbor. The roundup also included a school bus driver accused of trying to lure a student into a sexual relationship.
All three men are being held in the Floyd County jail, awaiting arraignment in London federal court.
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