There has been no official word whether the former chief and his wife will be charged with any criminal offenses, but a full investigation is almost certainly taking place. The pair could end up being charged with theft and misconduct in office if investigators find evidence that they inflated time sheets in order to increase their paychecks from the state. Misconduct in office is a serious criminal offense under Maryland law, as judges and prosecutors treat any breach of public trust with a great deal of scrutiny. In addition, Judges and prosecutors know that cases involving higher profile public employees often bring media attention, which could lead to defendants being treated more harshly than anonymous public employees. The chief of a large state police agency who was appointed by the governor and makes close to $200 thousand per year is certainly a high-profile defendant, and his case will create major headlines if charges are filed.
The exact charges the pair may be facing depends on their specific acts, and the amount of their alleged scheme. Misconduct in office is the catch all common law offense that most government officials in this situation would face. It is a misdemeanor with no specific maximum penalty, but jail time can be a realistic possibility even for first-time offenders. A sentencing judge would not only consider the breach of trust in this potential case, but also the fact that law enforcement officers are held to a higher standard than civilians. In addition to misconduct in office, the pair could face fraud and felony theft charges. Any theft scheme with a total value of more than $1,500 is considered a felony in Maryland that carries up to five years in jail. If the value of the theft or theft scheme is more than $25,000 the charge becomes more serious and the maximum penalty doubles to ten years. The most serious theft charge in Maryland requires a value of more than $100,000, and upon conviction carries a maximum penalty of up to twenty years in prison.
The two most important factors when considering charges and a potential sentence would be the amount of the alleged malfeasance and the amount of time the fraud lasted. We already went over the dollar amounts, but often the longevity of the scheme could be weighed almost as heavily. It’s a totally different animal when a defendant is accused of a months or even years long scam compared to a one off bad decision. Other important factors include whether the defendant self-reported the malfeasance, and if not, whether he or she was cooperative upon being caught. Charges like this are often prosecuted by the Attorney General’s Office or the Office of the Maryland State Prosecutor, but a local State’s Attorney’s Office should be completely capable of handing the case. The feds would likely not be involved in the prosecution of this case, though local law enforcement could seek guidance from the FBI or other agencies willing to lend a hand.
The Blog will continue to follow this case and may post a follow up article if either the former chief or his wife end up being charged. If you or a loved one is being investigated or has been charged with a crime contact Maryland theft lawyer Benjamin Herbst anytime for a free consultation. Benjamin specializes in misconduct in office criminal defense and fraud and is available 7 days a week for a free consultation. Benjamin handles cases in all Maryland state and federal jurisdictions including the Eastern Shore, Western Maryland and the Baltimore and D.C. Metro areas.
Resources:
Maryland Transportation Authority police chief resigns amid allegations of time stealing, wife suspended, wjla.com.