TUCSON, Ariz.- LAWFUEL – Law News, Law Jobs – A federal grand jury in Tucson, Ariz. returned a two count indictment against United States Border Patrol Agent Paul C. Smith, 32, of Arizona City, Arizona. for Theft of Public Property and Money.
U. S. Attorney Paul K. Charlton stated “This case represents yet another in a parade of corruption cases that threaten to undermine the reputation of the vast majority of honest law enforcement
officers and agents.”
The indictment alleges that Smith, a U.S. Border Patrol Agent assigned to the Casa Grande Station of the Tucson Sector, took at least 35 motorcycle tires and 10 motorcycle inner tubes that had
been purchased with government funds, resold them to K & C Budget Muffler & Performance in Casa Grande, Arizona for $2,750.00, and kept the money. The indictment also charges Agent Smith with
unlawfully charging $1,000.00 to a United States Border Patrol charge account to pay K & C for repairs and enhancements to a privately owned golf cart which he intended to gift to a private party.
Smith is summonsed to appear before United States Magistrate Judge Hector C. Estrada for arraignment on January 11, 2006.
A conviction for Theft of Public Property carries a maximum penalty of 10 years, a $250,000.00 fine or both. The second count, alleging Theft of Public Money of $1,000.00 or less, carries
a maximum penalty of 1 year, a $250,000.00 fine or both. In determining an actual sentence, the United States District Court Judge will consult the U.S. Sentencing Guidelines, which provide appropriate
sentencing ranges. The judge, however, is not bound by those guidelines in determining a sentence.
An indictment is simply the method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
The investigation preceding the indictment was conducted by Department of Homeland Security Office of Inspector General. The prosecution is being handled by Mary Sue Feldmeier,
Assistant U.S. Attorney, District of Arizona, Tucson, Ariz.
CASE NUMBER: CR-06-2166-TUC
RELEASE NUMBER: 2006-276(Smith)