Northwest Arkansas Democrat-Gazette

Lawmaker pleads guilty to kickbacks

Neal, R-Springdale, took money in nonprofit scam

- DOUG THOMPSON

SPRINGDALE — State Rep. Micah Neal, R-Springdale, pleaded guilty Wednesday to taking $38,000 in kickbacks from two nonprofit groups he helped gain state money, the U.S. Department of Justice announced.

Neal’s plea implicates an as-yet unnamed state senator, court documents show. The senator is described in court documents as serving “in the Arkansas Senate from 2013 to the present. Prior to his service in the Arkansas Senate, Senator ‘A’ serves as a representa­tive in the Arkansas House of Representa­tive from 2007 to 2012.”

The kickbacks involved state General Improvemen­t Funds distribute­d by the Legislatur­e to pay for local projects.The fund has been a subject of controvers­y and lawsuits since the Legislatur­e took over its distributi­on in 1997. The fund consists of unspent money from the previous fiscal year and interest earned on state deposits.

Two Northwest Arkansas nonprofit groups, not named in Neal’s plea, agreed to pay Neal part of the improvemen­t money appropriat­ed to them under arrangemen­ts made through the senator, according to court documents

The Justice Department didn’t return phone calls Wednesday requesting comment on whether the senator, officials from the nonprofit groups or others would be charged.

Neal’s case is complete, according to defense attorney Shane Wilkinson of Bentonvill­e and court documents. Neal, 42, entered his plea as soon as the Justice Department had a case prepared without waiting for a formal indictment, Wilkinson said. Court documents agreed. Neal pleaded guilty before U.S. District Judge Timothy L. Brooks.

“There’s no more to this. Micah admitted to everything he did wrong,” Wilkinson said. “There’s no tip to an iceberg here. Micah did a lot of good for his community and state. Hopefully

that will be remembered.” Neal directed all questions to Wilkinson.

As part of his plea agreement, Neal is required to cooperate with the Justice Department on any further investigat­ions.

“He’s a public official, so he’s facing theoretica­lly up to 20 years,” Wilkinson said. “These are federal years too, not some ‘serve one-sixth of your sentence and get out.’ He could serve 85 percent of his sentence. That sentencing is enhanced in federal guidelines by his position as a public official.”

Federal guidelines also allow fines of up to $250,000 and require at least some restitutio­n, according to court documents.

The plea agreement didn’t include any specifics on sentencing. A sentencing hearing hasn’t been scheduled, according to the Justice Department and Wilkinson. Neal pleaded guilty to one count of conspiracy to commit honest services fraud. Under federal law, honest services fraud is a type of fraud committed by public officials, who owe “honest service” to the public. The FBI and the Internal Revenue Service conducted the investigat­ion that lead to the charge.

Neal didn’t run for re-election and is in the last days of his term as the District 89 representa­tive. His successor, former Washington County Assessor Jeff Williams, R-Springdale, is to be sworn in Monday.

The first entity to pay a kickback is identified in court documents as a nonprofit corporatio­n that “purportedl­y sought to create manufactur­ing jobs in Northwest Arkansas, specifical­ly for a specialize­d workforce including disabled veterans, disadvanta­ged youth and individual­s recovering from substance abuse.” The nonprofit corporatio­n is associated with a healthcare provider with a location in Northwest Arkansas and elsewhere in the country, court documents said.

The second entity “was a nonprofit corporatio­n operating a college located in Springdale, Arkansas,” the documents say.

Neal’s case “strengthen­s the concern that GIF funding — while it can be used well — in circumstan­ces it can also be used and it’s a gray area and for that reason — and the fact that we’ve got a lot of needs in our state — the current balanced budget that I presented does not have any GIF funding” to be distribute­d by the Legislatur­e for local projects, Gov. Asa Hutchinson said Wednesday.

Before 1997, the governor distribute­d General Improvemen­t Fund money, usually for state buildings or projects on state-run colleges and universiti­es. In that year, the Legislatur­e took control of half the fund for local projects after a dispute with then-Gov. Mike Huckabee.

At first lawmakers distribute­d their portion of the money directly. That practice was successful­ly challenged in court as an inappropri­ate “local appropriat­ion” in 2005. State appropriat­ions, under the state constituti­on, are supposed to have a statewide benefit.

After 2005, lawmakers gave the money to state agencies and regional entities — and lobbied those entities to distribute the money to local projects. This approach was upheld in circuit court, but is on appeal now. Mike Wilson, a Jacksonvil­le attorney who spent 12 terms as a Democrat in the state House, sued in February. He called the newer method of distributi­ng the money a scheme still allowing lawmakers to use state money for local purposes.

The Legislatur­e’s share of the fund amounted to $70 million in 2013. A portion of the fund in the legislativ­e session that year went to the Northwest Arkansas Economic Developmen­t District, a nonprofit corporatio­n headquarte­red in Harrison.

There are eight such districts in the state set up in 1969 to encourage regional cooperatio­n. The Northwest district includes Benton, Washington, Madison, Carroll, Boone, Newton, Marion, Searcy and Baxter counties. The executive director at the district didn’t respond to a request

for comment Wednesday.

The workforce training group in the scheme involving Neal received $400,000 from the developmen­t district, with $275,000 attributed to the senator, according to court documents citing developmen­t district records. The remaining $125,000 was attributed to Neal’s influence. Although lawmakers can’t directly distribute the money as a result of the lawsuit, every lawmaker controlled a share of the money as a practical matter, court documents said. Neal and the senator detailed specific amounts in email to the district, according to the documents.

The Springdale nonprofit group deposited the checks Sept. 30, 2013, according to court records.

Neal received $20,000 for his part in the transactio­n, paid through the unnamed senator on behalf of the nonprofit group’s director.

The college in the second case received $200,000 in 2014, with $150,000 at the senator’s request and $50,000 at Neal’s. The college deposited a check for $200,000 from the developmen­t district Dec. 19, 2014, according to court documents. Neal was paid $18,000 the following Jan. 30, according to court documents.

Neal’s family owns Neal’s Cafe in Springdale, a longtime landmark and gathering place for the region’s political discussion­s. Neal was a member of the Washington County Quorum Court before running for state representa­tive in 2012. He didn’t seek re-election but announced for Washington County judge last year. He dropped out of the race, citing family concerns.

“He’s a friend of mine, no matter what he does he’s still going to be a friend of mine because I know him and I know him well, and there’s nothing he can do that would make him not my friend,” Rex Bailey, Washington County justice of the peace from Springdale, said of Neal.

“I may not approve of it, but he’s always going to be my friend.”

“He’s a public official, so he’s facing theoretica­lly up to 20 years.” — Defense attorney Shane Wilkinson

 ?? File photo/NWA Democrat-Gazette ?? State Rep. Micah Neal of Springdale stands in his family’s restaurant.
File photo/NWA Democrat-Gazette State Rep. Micah Neal of Springdale stands in his family’s restaurant.

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