Preliminary injunction approved in Holliday civil case

Preliminary injunction approved in Holliday civil case

JONESBORO, Ark. (KAIT) - A Craighead County circuit judge on Thursday approved a preliminary injunction in the civil case involving former Craighead County Clerk Kade Holliday, according to court records.

The preliminary injunction sought by Craighead County against Holliday eliminated the need for a hearing in civil court, set for Friday in Jonesboro, County Judge Marvin Day said.

Day told Region 8 News that Patrick Benca, the attorney for Holliday and the attorney for Craighead County, Kimberly Dale, agreed to the motion on the injunction.

The injunction, in effect, will freeze any financial assets that Holliday had on a permanent basis until the case is resolved, officials said.

Holliday was arrested in June in a theft and abuse of office case in the criminal case.

The four-page motion, signed by Circuit Judge Richard Lusby, noted that the complaint filed and supporting documents provided details.

“In sum, the verified Complaint and supporting documents alleged Holliday is the elected County Clerk and has occupied a position of trust and confidence with the County and the citizens of Craighead County; and that Holliday has, for months at least, secretly embezzled and stolen over $1.6 million of County money,” the motion from Judge Lusby said. “This Court agrees that given the significance of the allegations against Holliday, as well as the risk to further loss and damage by the County, and the possibility of conversation of funds of County and/or destruction or alteration of records that may show where County money was directed, where it was located, or that may evidence other alleged embezzlement of Holliday which County has not yet discovered.”

In the motion, Holliday was ordered to preserve any and all personal, business or financial records which contain financial information of any kind, including bank records, ledgers, books, spreadsheets and check copies; as well as any and all financial records, documents, files or information that relate to Craighead County and its accounts, plus any computers, electronic storage devices including tablets, smart phones, desktops and laptops.

The motion also prevents Holliday from “withdrawing or transferring funds from any and all bank, investment, retirement or other financial accounts of any kind in which Holliday or his entity or business has any interest or right or title”; transferring, gifting, selling, hiding, relocating changing ownership or disposing of any asset, investment, real property, chattel or any interest of any kind in any of these in which Holliday, or any entity or business in which he has an interest, has any right, title or interest.”

Holliday is also prevented from visiting First National Bank, Simmons, Iberia, Evolve, Fidelity Investments, Southern Bank and Centennial Bank “until further orders of this court”, plus cannot be on or near the County Clerk’s office or “in proximity to said office unless allowed by this court.”

Judge Lusby also issued in the motion that Holliday “provide a full and complete accounting within 10 days of all amounts listed in his personal accounts, including a full tracing of the amounts represented by each transfer listed on the Exhibit(s) to the complaint with a description of each account through which those amounts flowed and the identity of all persons or entities to whom the Defendant transferred said amounts.”

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