An Oklahoma judge ruled Thursday that prosecutors presented enough evidence for nearly all charges against the founders of Epic Charter Schools to proceed to trial, nearly four years after their arrests.
The case, which the state auditor called the largest abuse of taxpayer dollars in Oklahoma history, involves allegations that David Chaney, 47, and Ben Harris, 50, diverted tens of millions of dollars meant for students’ education into their private companies. The two men were charged in 2022 with 14 felonies each under the state’s racketeering statute, including embezzlement, conspiracy, and fraud.
Oklahoma County Special Judge Jason Glidewell, after eight days of testimony, dismissed one count of embezzlement against both men and one count of computer fraud against Chaney, but found probable cause for the remaining charges. A formal arraignment is scheduled for June 24.
Glidewell directly addressed the defense’s central argument that public funds became private once deposited into the founders’ business accounts. The judge said he did not find that argument persuasive, declaring that the money remains public until its purpose is fulfilled.
The star prosecution witness, longtime chief financial officer Josh Brock, who is also charged in the case but is cooperating to avoid prison, described the financial structure of Epic Youth Services, the private management company that operated the online charter school. Brock testified that he received a 10% share of the company’s profits, while Chaney and Harris kept 45% each.
Prosecutors presented bank records showing that Epic Youth Services collected more than $69.3 million in management fees between 2013 and 2021. Of that total, the trio split $55 million: Harris received $25 million, Chaney $23 million, and Brock $7 million, according to the prosecution’s review.
Brock told the court that the men used shell companies and submitted false invoices based on estimates rather than actual costs to conceal their profits from the state. Investigators say they also controlled the school’s student learning fund — an account designated for laptops, extracurricular activities, and other student expenses — and kept unspent money instead of returning it to the school. Prosecutors allege the men used public education funds to make political donations, cover personal credit card expenses, and support a California charter school.
The case has been slowed by procedural delays. The preliminary hearing began in 2024 but stalled after defense attorneys sought to remove the trial judge. Multiple courts rejected the effort, but the judge stepped down anyway, pushing the proceeding into 2026.
A confidential investigation by the Internal Revenue Service is ongoing. Epic Charter Schools severed its ties with Chaney, Harris, and Brock in 2021. The men deny wrongdoing.