Stars of Alaskan Bush People Plead Guilty to Fraud and Theft
Six members of the Brown family from the show, "Alaskan Bush People," supposedly filed false permanent fund dividend applications. Apparently, they didn't met all of the requirements to be eligible for the application between October 2009 and August 2012, but they submitted it anyway. The family
has been charged on dozens of counts of Permanent Fund dividend fraud and felony theft. Billy Brow faces 24 felony counts and is accused of illegally obtaining $13,080 in dividend cash. While five other members are all facing four counts of unsworn falsification and four counts second-degree theft.
As of November 18, the father and one of the sons would have plead guilty to the misdemeanors under a plea agreement, but Judge Philip Pallenberg rejected the deal because he believes that they deserve jail time. Judge Pallenberg said the family stole $20,938 by lying on applications for Alaska's annual oil revenue windfall check.
Comments from Allen:
As you may know, Alaska residents receive a portion of Alaska's oil revenues each year in the form of a $1,884 check from the state. For some, this is reason enough to live in Alaska. In order to receive the check, the requirements are minimal. The applicant must certify:
1. He was a resident of Alaska for the preceding calendar year and claimed no residency in any other state or country during that time and received no benefits as a resident of another state during that year;
2. He did not spend time behind bars as a felon or as a repeat misdemeanor offender the preceding year;
3. He was not absent from Alaska for 180 days of that year unless his absence was "allowed;"
4. He spent at least 72 hours of time, consecutively, without leaving Alaska.
These requirements are very easy to meet. However, Billy Brown and Josh Brown have admitted they did not have an Alaska residence between 2009 and 2012.
This appears to be a "damage control" case in which the facts are clear and the defendants violated the law and will have to repay Alaska the money they received in oil revenue windfall checks. There is every reason for the defense to seek a plea bargain to avoid the consequences of convictions for multiple felonies, fines, costs and prison. On occasion, the defense reaches a deal on behalf of a defendant which is too favorable to satisfy the demands of justice. That happened here. The judge then let the defendants know they could withdraw their respective "guilty" pleas because they were not going to get the benefit of the key provision of the deal: no time behind bars.
When that occurs, the judge generally sets another hearing date and gives the prosecution and the defense a little time to come up with a more reasonable deal, in this case, a deal involving some jail time. I am confident the parties will come up with a new deal in which the defendants will plead "guilty," notwithstanding the judge will order a little, or a lot, of time behind bars. The negotiation here will focus on just how much time the parties settle upon, and upon whether prison is an option or merely local jail time or a prison diversion-type program.
Don't expect a trial here. There will be a new plea agreement, one the judge can live with.
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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.
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Sources for more information:http://www.ktuu.com/news/news/alaskan-bush-people-stars-admit-to-lying-on-permanent-fund-dividend-applications/36533258
http://www.ktuu.com/news/news/stars-of-alaskan-bush-people-reality-show-charged-with-felony-dividend-fraud-theft/29285166
https://pfd.alaska.gov/Eligibility/Requirements
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