Prosecutors Seek To Drop Mail Fraud Charges Against Shoffner

A U.S. prosecutor has asked a federal judge to dismiss 10 mail fraud counts against former State Treasurer Martha Shoffner, setting up a hearing next year in federal court.

In a filing Tuesday afternoon, Assistant U.S. Attorney Jana Harris asked for the dismissal against Shoffner.

Shoffner, a Jackson County native, was found guilty March 11 on six counts of extortion under color of official right, one count of attempted extortion under color of official right and seven counts of receipt of a bribe by an agent of a state government receiving federal funds.

Shoffner, who served as a state representative before becoming treasurer in 2006, was indicted in June 2013 on extortion, attempted extortion and receiving bribes after a FBI investigation into suspected public corruption.

She was later indicted in February this year on 10 counts of mail fraud in connection with the case.

However, the mail fraud charges were severed from the extortion case, officials said earlier this year.

In a two-page filing made Tuesday, Harris said federal prosecutors looked at the issue prudently before proceeding.

“The United States anticipated an alternative resolution to the remaining counts that would conserve resources and promote judicial economy, but that resolution was not achieved,” Harris said in the filing. “The United States has carefully considered the resources necessary to pursue this second trial, the anticipated sentencing guideline range the defendant faces based upon the conviction in Counts 1-14, and the potential impact on the guideline range if convictions were obtained in Counts 15-24. The United States has determined that the appropriate course of action is to present evidence of the defendant’s conduct as alleged in counts 15-24 at the sentencing hearing for the Court’s consideration.”

In a statement Tuesday night, United States Attorney Chris Thyer echoed the statement made by Harris in the motion.

“As set forth in our motion, we have given this matter considerable and careful thought prior to announcing the decision today,” Thyer said. “Based on our estimate of the anticipated sentencing guideline range that Ms. Shoffner faces as a result of the March 11 convictions and our expectation that if she was convicted on the mail fraud charges, there would be minimal, if any, impact on the sentencing guideline range. I have determined that the appropriate course for the United States is to dismiss these charges.”

Thyer said the decisions made by Shoffner betrayed the trust of the public.

“What Ms. Shoffner did was wrong on many levels – not the least of which was the breach of the trust placed in her by the electorate. However, at this time, it is best to move forward with sentencing on the bribery and extortion convictions, and we anticipate presenting evidence related to the mail fraud at that time,” Thyer said.

Shoffner is scheduled to be back in federal court Feb. 7 in Little Rock.