VIGO COUNTY, Ind – A former Vigo County school administrator convicted of fraud, theft and lying to federal investigators is appealing his court ordered restitution.

50 year old Franklin Fennell is now serving a 24-month sentence after being convicted of taking part in a kickback scheme in which a vendor for the school corporation submitted inflated invoices for work at school properties. The vendor split the proceeds in the scheme with Fennell and co-conspirator Frank Shahadey.

Fennell was ordered to pay back $110,600 by U.S. Chief District Judge Jane Magnus-Stinson.

Fennell’s claim states that the court failed to perform the required accounting of the Vigo County School Corp.’s actual loss and relied solely on the government’s calculations presented at trial.

The appeals court has set a deadline of Dec. 10 for the government’s response to the appeal.