Louisville escort scandal's whistleblower may face human trafficking charges

Katina Powell could be prosecuted for human trafficking or complicity to rape if there is evidence corroborating her story that she used her two underage daughters as prostitutes for University of Louisville basketball players and recruits, attorneys say.

Powell writes in her book “Breaking Cardinal Rules” that her two younger daughters were 15 and 17 when she allegedly began supplying them and other women to entertain prospects and players.

While her written admissions alone wouldn’t subject her to charges, Commonwealth’s Attorney Tom Wine said this week that if his office receives “credible evidence of … criminal activity involving minor children, we will vigorously prosecute those responsible for those crimes.”

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Assistant Commonwealth’s Attorney Jeff Cooke, the office's spokesman, said Andre McGee, the team’s former director of operations, whom Powell says paid her, also could potentially be prosecuted as an accomplice.

Powell, 43, did not respond to messages left on her cellphone. But asked if she was concerned about potentially being prosecuted, Powell told a reporter for the Indianapolis Business Journal, whose sister company published the book: "How can I be the only one to get in trouble and go to jail, and I wasn’t the only one to play a part in this....I was asked to do this. Why would I be the only one looking at jail time for something I didn’t ask for? That’s not fair."

Scott C. Cox, an attorney for McGee, said, “I am hopeful that any criminal investigation will clear coach McGee because he has not violated any criminal laws.” McGee went on to work as an assistant coach at the University of Missouri-Kansas City, where he has been placed on administrative leave.

Wine said in a statement that his office is consulting with U of L Police and the Metro Police Crimes Against Children Unit regarding the possible criminal violations revealed in the book, which he says cause “grave concern.”

Powell and co-author Dick Cady write in the book she "might at one point work with her daughters peddling sex — and take them to church the next day."

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She also writes: "People may think that I expose my kids. But … they enjoy themselves, they meet new people. ... For those who have a problem with it, kiss my ---."

The book says Powell provided prostitutes and dancers for 22 parties from 2010 to 2014 to entertain players and recruits and that she was paid about $10,000 for it.

If the scandal is investigated as a crime, says attorney Kent Wicker, a former federal prosecutor, a grand jury could subpoena players and recruits and force them to testify and demand copies of interviews and other records compiled by consultant Chuck Smrt, a former NCAA enforcement officer hired by U of L to investigate Powell’s allegations.

“A grand jury can investigate any way it wants to investigate,” Butler said.

A criminal prosecution also would add to the adverse publicity to which the university already has been subjected, said Frank Mascagni, another criminal lawyer.

“It is not a good thing for the university or basketball team if felonies were committed in its dormitory,” Wicker said.

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Asked about a potential criminal investigation, U of L spokesman John Karman released a statement from Wayne Hall, the chief of the campus police department, saying it is reviewing the allegations in consultation with metro police and Wine's office.

Defense lawyers not involved with the case say Powell could be charged with human trafficking — using a person in “commercial sexual activity,” which is punishable by 10 to 20 years in prison if the victims are younger than 18. Proof of force or coercion is not required if the victims are under that age.

Cooke said that if there is corroborating evidence of Powell’s claims, she and McGee could be charged with complicity to statutory rape, which occurs when a person 21 or older has sexual intercourse with somebody under 16.

“When a university employee is being accused of procuring prostitutes who are underage, that is a very serious allegation,” said  defense lawyer Brian Butler, who prosecuted cases in state and federal court.

Other potential charges include engaging in a criminal syndicate, which occurs if two or more people collaborate to promote or engage in on a continuing basis “promoting or permitting prostitution or human trafficking." That charge is also punishable by 10 to 20 years in prison.

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Defense lawyers say the key will be whether the police and prosecution can pinpoint whether crimes occurred when Powell’s younger daughters were under age. Police also are likely to explore whether text messages that Powell purports are from McGee are legitimate and the source of the money she alleges he paid to her.

Cooke said police need to do their investigation first.

“Our concern is about the children,” he said.

Reporter Andrew Wolfson can be reached at (502) 582-7189 or awolfson@courier-journal.com