NWA editorial: Make'em pay

Violations of public trust demand punishment

Good ol' dad always told us it never hurts to ask.

"You don't know if you don't ask," he'd say.

What’s the point?

Prosecutors and judges should make sure elected officials who commit unlawful acts receive punishment that fully recognizes their violations of the public trust.

Former state Sen. Jake Files, or at least his attorney, apparently had someone teaching them the same lesson.

A federal judge last week sentenced Files, of Fort Smith, to 18 months in federal prison as a result of his crimes involving taxpayer dollars and bank loans he received after pledging collateral he did not own. The judge ordered Files to pay $83,903 in restitution, including nearly $27,000 in state General Improvement Fund money he obtained to help build the River Valley Sports Complex he had pledged to complete to city of Fort Smith officials.

Files' attorney asked the judge, who was required by federal law to send Files to prison, to sentence his client to only one day behind bars.

Let's call it the "go big or don't go home" defense.

Thankfully, U.S. District Judge P.K. Holmes wasn't in the mood to be overly generous with a man who took advantage of his stature as a community leader and elected state official to advance schemes to get money. Holmes said the theft of public money by an elected official went beyond an average white-collar criminal by doing damage to the confidence Arkansans have in elected officials.

"To me, this is an egregious violation of public trust," Holmes said.

An attorney representing the Department of Justice's public integrity sector told the judge Files could be the first of several people sentenced in Arkansas public corruption cases. The sentencing range under federal guidelines was 12 to 18 months, and attorney Victor Salgado encouraged Holmes that the higher options would send a message that public officials should and will be held accountable.

Arkansas needs some accountability. It won't come from our Legislature. And the proposals for ethics "reform" we've seen don't inspire any confidence that they're serious measures. But more on that as election time rolls around.

The last couple of years have heaped disappointment upon disappointment on Arkansans as they've seen several lawmakers caught with their greedy hands in the public coffers. Perhaps the most surprising -- and the one who gave the public a first glimpse into the corruption associated with General Improvement Fund spending -- was Springdale state Rep. Micah Neal. He pleaded guilty to accepting two kickbacks totaling $38,000 for directing state tax dollars to Ecclesia College, a tiny private Christian college. In acknowledging his guilt, he agreed to testify against state Sen. Jon Woods, Ecclesia President Oren Paris III and an alleged middle man, Randell Shelton Jr., in transactions steering taxpayer dollars to the college and to a concocted nonprofit organization. Paris pleaded guilty. Woods and Shelton went to trial and were convicted of a multitude of public corruption and fraud charges.

As prosecutors continued pulling on the corruption threads, former state legislator and Jefferson County Judge Henry "Hank" Wilkins IV pleaded guilty to accepting bribes through a church he pastored in return for helping to pass certain pieces of legislation.

Sentencing awaits these men. And investigations continue. It is no time to go soft on sentencing.

There is something particularly cynical and dastardly in seeking the public's trust at the ballot box then using the trust and authority to line one's own pockets while trading influence for money. Arkansas need to try hard to elect people of integrity, but when people use their office or position for criminal enterprises, the courts owe it to the public to crack down. If voters cannot have faith in those they elect, our system of government will not be long for this world.

One day in jail? No way. It is indeed heartbreaking that Jake Files actions, and those of these other men, have adversely affected people who care for them. Such dishonesty always inflicts collateral damage.

Public officials tempted to use their offices for private gain through illegal acts need to understand there is a stiff price to be paid, among their families and friends as well as within the judicial system.

Commentary on 06/25/2018

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