Former Blue Bell chief may plead not guilty via video linkup on June 9

Documents filed in the Austin federal court earlier this week said the Brenham, TX, resident was freed immediately after processing on May 28 on a $50,000 unsecured bond.

Kruse, who retired from Blue Bell three years ago, is charged with conspiracy and six counts of federal wire fraud involving  the 2015 listeria outbreak linked to the ice cream company, which is based in Brenham, TX.

At the same time Kruse was charged,  federal prosecutors announced Blue Bell, as a company, agreed to pay a criminal fine and forfeiture totaling $17.25 million. The company also agreed to pay an additional $2.1 million to resolve civil False Claims Act allegations about ice cream products manufactured under insanitary conditions and sold to federal facilities.

That total payment of $19.35 million is second only to the $25 million fine recently imposed on Chipotle Mexican Grill to resolve federal food safety violations associated with contaminated food the fast-food company served at several of its restaurants from 2015 to 2018.

In the bond agreement, signed by Kruse, the former Blue Bell chief agrees to appear when required at the U.S. Courthouse in Austin, notify the court’s pre-trial services if his address or contact numbers change, and provide a DNA sample if one is authorized.

Kruse also promised not to keep a firearm and restrict his travel to Texas unless he gets the court’s permission to travel out of the state. Travel to Mexico is prohibited.

With conviction or a guilty plea, Kruse could be sentenced to 20 years in prison and a $250,000 fine for each of the specific federal felony counts. Judge Lane waived physical appearance by Kruse, and everybody else, from the defendant’s initial appearance because of the current coronavirus pandemic.

Kruse, himself  an attorney, has retained defense counsel.  He is expected to request a preliminary hearing on the charges.

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