LEGAL FILING COMES JUST ONE DAY AFTER ARC SETTLES MEDICAID FRAUD CASE WITH U.S. GOVERMENT BY PAYING JUST OVER $16 MILLION INSTEAD OF THE OVER $27 MILLION THAT WAS WANTED
JULY 30, 2026 – written by WADE QUEEN
NOT UNTIL 2027, HE WANTS: TIM G. ROBINSON JR.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 Monday, August 10 trial date.
Tim 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:
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY NORTHERN DIVISION ASHLAND CRIMINAL ACTION NO.: 0:26-CR-00033-DLB-EBA UNITED STATES OF AMERICA PLAINTIFF V. MOTION TO CONTINUE TIMMY G. ROBINSON, JR. DEFENDANT Comes now Hon. Michael B. Fox, counsel for Defendant, Timmy G. Robinson, Jr., with consent from Defendant Robinson, and moves the Court to continue the trial currently scheduled in this matter to a date convenient to the Court, the parties and their counsel. Defendant also moves the Court to extend the time within which Defendant may elect to file a motion for rearraignment and receive credit for a timely acceptance of responsibility in this matter. In support hereof, counsel states that the deadline to file a motion for rearraignment is July 29, 2026, and the trial is currently scheduled to begin August 10, 2026. As support for the motion, Defendant Robinson and counsel require additional time to investigate the facts and circumstances of the case in order to develop anticipated defenses. The Untied States has provided to the defense extensive and voluminous discovery related to multiple financial transactions involving numerous corporate entities and their bank records. Additional records currently held by others are being sought by the defense but have not yet been provided. Given the volume and complexity of the discovery materials produced in this matter, counsel cannot adequately review this…
evidence with the Defendant, evaluate its impact on the case, and prepare an effective defense within the time remaining before the current trial date. In addition, defense counsel must identify, locate, and interview multiple witnesses in this case. Many of these witnesses reside out of state, which will require counsel to coordinate travel, arrange schedules across multiple areas, and conduct inperson or telephonic interviews that cannot reasonably be completed before the current trial date. The additional time requested is necessary so that counsel may provide effective assistance to the Defendant and adequately prepare for trial. The undersigned is currently recovering from torn Achilles tendon surgery. This recovery has limited counsel’s ability to travel, conduct extended work sessions, and dedicate the sustained hours of preparation this matter requires. Additional time is necessary to allow the undersigned to sufficiently recover and resume the full scope of trial preparation. The undersigned also represents another client in an unrelated matter scheduled for trial beginning October 14, 2026 ( USA vs. Oliver et al., 6:25-CR-55-REW-HAI-1) in London. Judge Weir has made clear this matter, which charges Oliver with kidnapping and being a felon in possession of a firearm, will be tried as scheduled absent Oliver’s decision to plead guilty. Oliver has thus far insisted he will proceed to trial and is expected to continue in that posture. Counsel respectfully requests that, in rescheduling the trial in this matter, the Court consider the impact of preparation for and attending that trial will necessarily affect trial preparation in this matter. Counsel certainly desires to provide effective and undivided representation to both clients without a scheduling conflict.
The continuance requested will allow time for the Defendant and counsel to fully review and consider the discovery, receive a proposed plea agreement and potentially elect to file a motion for rearraignment and receive credit for a timely acceptance of responsibility or proceed to trial. Defendant Robinson acknowledges his rights under the Speedy Trial Act and agrees that continuance of the currently scheduled trial is necessary. Given the seriousness of the crime and the length of a potential sentence of incarceration, the additional time requested is necessary to fully evaluate the consequences of a plea or proceeding to trial. 18 USC §3161(h) describes the circumstances in which periods of delay in bringing criminal matters trial can be excluded in computing the time within which the trial of any such offense must commence. Subparagraph (7)(A) provides the following: Any period of delay resulting from a continuance granted by any judge on his own motion or at the request of the defendant or his counsel or at the request of the attorney for the Government, if the judge granted such continuance on the basis of his findings that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial. No such period of delay resulting from a continuance granted by the court in accordance with this paragraph shall be excludable under this subsection unless the court sets forth, in the record of the case, either orally or in writing, its reasons for finding that the ends of justice served by the granting of such continuance outweigh the best interests of the public and the defendant in a speedy trial. Subparagraph (B)(iv) also provides that excludable time periods may include consideration for circumstances which “… would deny counsel for the defendant or the attorney for the government the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.” In the matter at bar, the continuance sought is necessary in order to provide counsel for Defendant Robinson an opportunity to fully develop possible defenses to the…
indictment in this matter. The continuance sought is reasonable and serves the ends of justice by providing the defendant’s counsel an opportunity to provide effective assistance to the defendant. The continuance sought also outweighs the best interests of the public as no prejudice to the United States will occur if the continuance is granted. After discussion with the undersigned, AUSA Paul McCaffrey expressed he had no objection to the continuance sought herein. WHEREFORE, the undersigned respectfully requests that Defendant Robinson’s trial be continued and rescheduled at a time convenient to the Court and the parties, but no sooner than January 6, 2026. Respectfully Submitted, /s/ Michael B. Fox____ Michael B. Fox Fox Law Office P.O. Box 1450 Olive Hill, KY 41164 (606) 286-5351 (606) 286-5352 (fax)mike@foxlaw1.com Counsel for Defendant, Timmy G. Robinson, Jr. CERTIFICATE OF SERVICE I hereby certify that on July 28, 2026, I electronically filed the foregoing with the clerk of the court by using CM/ECF system, which will send a notice of electronic filing to all counsel of record. /s/ Michael B. Fox___________
