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News: Alabama, United States

Alabama State Representative Sue Schmitz Case of Fraud Declared Mistrial

Charged in a Nine-count Indictment with mail fraud and fraud involving the Community Intensive Training for Youth ("CITY") Program

September 8, 2008

HUNTSVILLE AL NEWS -- In Decatur, Alabama, U.S. District Judge David Proctor declared a mistrial after a jury was unable to reach a verdict in Alabama State Representative Sue Schmitz's case. A member of the Democratic Party, Schmitz was charged in a nine-count Indictment with mail fraud and fraud involving The Community Intensive Training for Youth ("CITY") Program, a federally funded program in Huntsville, Alabama. The CITY Program operated in 10 locations throughout Alabama and sought to develop social, behavioral, and academic skills possessed by "at-risk" youth. Students were referred to CITY Program through the juvenile court system. The charges state that Suzanne L. Schmitz, 63, of Toney, held the title of "Program Coordinator for Community and External Affairs," at the CITY Program from January 2003 to October 2006, and received approximately $177,251.82 in salary/benefits despite performing little to no work. The indictment sought forfeiture of the gains Schmitz realized through her criminal conduct.

After a third return from the jury indicating they were deadlocked in decision with 11 for conviction and 1 against, Judge Proctor said, "The jury has told us three times it was unable to reach a unanimous verdict," and declared a mistrial. Meanwhile, Assistant U.S. Attorney William Athanas intends to take the case to trial again in the future.

At the time that the nine-count Indictment was announced, both U.S. Attorney Alice H. Martin and the Acting Alabama Attorney General Richard Minor expressed their belief that Schmitz's actions were corrupt.

"We charge that Representative Schmitz's only substantial ‘work' was to work her official position in the legislature to land a job through the Postsecondary system," stated U.S. Attorney Alice H. Martin.

"The people of the State of Alabama have a fundamental right to honest and ethical elected officials," stated Richard Minor, Acting Alabama Attorney General. "The conduct charged in the indictment is a violation of the trust to which Representative Schmitz's constituents and the citizens of Alabama are entitled. As I have said before, public officials are elected to serve the public, not exploit their position for personal gain."

Furthermore, the indictment alleged that during the 3 1/2 years Representative Schmitz was paid by the CITY Program, through its fiscal agent, Central Alabama Community College, and she rarely went to her Huntsville office; performed virtually no services and generated virtually no work product; and submitted false statements to CITY Program regarding the volume and nature of work that she was performing, all in an effort to continue to collect her salary and benefits.

Moreover even the United States Postal Inspection Service Atlanta Division Inspector in Charge Martin Phanco, was pleased action was taken against Schmitz, at the Indictment's announcement:

"The first consumer protection law enacted by Congress was the U.S. Mail Fraud Statute of 1872. The Postal Inspection Service is pleased with this indictment because it sends out the message that using the Postal Service to further a fraud scheme will not be tolerated, regardless of the sender."

If Assistant U.S. Attorney William Athanas succeeds in prosecuting the Alabama State Representative in the future for the same crimes, Schmitz will face a maximum sentence for mail fraud of twenty years imprisonment with a fine of $250,000, as well as a maximum sentence for defrauding a program receiving federal funds of ten years imprisonment with another $250,000 fine. Of course Alabama State Representative Sue Schmitz will have to be proven guilty in a court of law.

Finally, the public is reminded that the original nine-count indictment contained only charges that were filed accusing Alabama State Representative Sue Schmitz of mail fraud and fraud. A defendant is presumed innocent of the charges and it will be the government's burden to prove a defendant's guilt beyond a reasonable doubt at trial, which apparently failed to do so in Alabama State Representative Sue Schmitz's case. Oh well, as they say in Cricket - better luck next time.

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