FBI Asked Houston Judge to Wear Wire to Investigate Other Jurists, Attorney Claims
A Texas jurist, 164th District Judge Alexandra Smoots-Thomas, pleaded not guilty to seven counts of wire fraud in a case that alleged she misused campaign contributions for personal expenses. Her attorney, Kent Schaffer, said the prosecution is political, and he thinks she will beat the charges.
November 08, 2019 at 02:33 PM
4 minute read
Led into a federal magistrate's courtroom in Houston wearing handcuffs Friday, 164th District Judge Alexandra Smoots-Thomas pleaded not guilty to seven counts of wire fraud in a case that alleges she embezzled more than $26,000 in campaign contributions and used them for personal expenses.
But Smoots-Thomas' attorney said the judge's prosecution is political, and that she had turned down a request by the Federal Bureau of Investigation to wear a wire to see if Texas judges were taking bribes.
U.S. Magistrate Judge Peter Bray of the Southern District of Texas released Smoots-Thomas on bond with no financial requirement, finding that she does not pose a flight risk.
"This is a political prosecution," said the judge's attorney, Kent Schaffer, a partner at Schaffer Carter & Associates in Houston. It happened because Smoots-Thomas is an African American and a Democrat, Schaffer claimed, adding that he thinks she will beat the charges.
The Oct. 30 indictment in United States v. Smoots-Thomas, which was unsealed Friday when the judge surrendered to federal authorities, noted that Smoots-Thomas was first elected in 2008 and reelected in 2012 and 2016. Texas law required her to report to the Texas Ethics Commission whenever she used campaign funds for non-political expenditures. The judge had a campaign account and she controlled the use of the funds.
"Beginning in approximately early 2013 and continuing through at least January 2018, Smoots-Thomas engaged in a scheme to defraud donors and potential donors to her campaign," alleged the indictment.
She solicited contributions, promising to use them for her campaigns, but really spent the money on personal expenses: mortgage payments, private school tuition, personal travel, a $1,164 Prada handbag and $762 in jewelry, it said. According to the indictment, she misused a total of $26,055.
She hid the misuse of funds by filing false campaign finance reports, and concealed the improper activity from her campaign treasurer, according to the indictment.
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Ralph Imperato, an assistant U.S. attorney who appeared in court Friday morning, declined comment. U.S. Attorney Ryan Patrick of the Southern District of Texas, through a spokeswoman, declined an interview request.
Schaffer said that Smoots-Thomas has already paid back $8,000 in mortgage payments. He said she repaid it after she realized she paid the mortgage with money from the wrong account. He added that she had also used her own money for many expenditures for her campaign.
Schaffer said the FBI contacted the judge about a year ago about an anonymous tip that she had taken a bribe, which the FBI determined was unfounded. But investigators said they had found issues with Smoots-Thomas' campaign account, Schaffer said. He said the FBI wanted Smoots-Thomas to wear a wire to help investigate whether other Houston judges were taking bribes, but she refused, he said.
This occurred around January or February, during a time that many new Democratic judges, who had ousted Republicans in the 2018 partisan sweep election, were assuming the bench, according to Schaffer.
Christina Garza, spokeswoman of the FBI Houston Division, wrote in an email that she could not confirm or deny any information.
"This is an open investigation in the sense that the defendant has not yet gone to trial," she explained.
Smoots-Thomas' trial is scheduled for Jan. 14, and prosecutors estimated it would take four days.
Each of the seven wire fraud charges carries up to 20 years in prison.
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