Moncrief may be close to settlement

Dan Kulin and Cy Ryan

Friday, Feb. 11, 2005 | 10:48 a.m.

The Attorney General's Office and former Las Vegas City Councilwoman Janet Moncrief are apparently close to a settlement that would have Moncrief plead guilty to civil charges of filing false campaign finance reports and pay a fine of at least $5,000 in return for the state dropping the criminal charges against her.

Senior Deputy Attorney General Conrad Hafen said Moncrief's loss last month in a special recall election, which removed her from office less than halfway through her first term, was a factor in the decision to accept the offer Moncrief's attorney proposed within the last week.

"Janet Moncrief was already judged by a jury of her peers with the recall," Hafen said.

The exact terms of the settlement are still being worked out, and the settlement has not been put in writing yet, Hafen said, adding that he expects the case will be resolved within 14 days.

Moncrief said she has rejected many settlement offers in the past, and has still not agreed to a settlement.

"I'm innocent and I want to go to trial," Moncrief said, adding later that there is a settlement "in the works, and we're reviewing things."

She referred all additional questions to her attorney, Richard Wright, who did not return telephone messages left Thursday.

Moncrief faces five criminal charges that allege she filed false reports by not reporting in 2003 the value of work performed by teens who canvassed neighborhoods for her, the contributions and/ or expenses of political operatives Steve Miller and Tony Dane, the in-kind contribution of the use of a van, and the cost of producing and distributing attack fliers.

If convicted, Moncrief would face one to four years in prison and a $5,000 fine on the perjury charge, plus one to five years in prison and up to a $5,000 fine on each of the other four counts.

Wright has said Moncrief was the victim of selective prosecution and that civil charges and penalties are typically used to address the violations she is accused of committing.

Secretary of State Dean Heller has also criticized the Attorney General's handling of the case. Heller has questioned the credibility of the witnesses against Moncrief, and charging Moncrief criminally instead of civilly.

Attorney General's Office officials have said charging Moncrief criminally was initially supported and recommended by the Secretary of State's office, which Heller's staff denies.

However, in addition to the recall election loss, Hafen said when deciding whether to accept a settlement the Attorney General's office also took intro consideration how the case against Assemblyman Chad Christensen, R-Las Vegas, was handled. Christensen was fined $4,500 after admitting to filing incorrect campaign reports.

"The factors we considered were the disparity of the treatment with regard to Chad Christensen and the fact that she was recalled," Hafen said.

Lois Tarkanian, a former member of the Clark County School Board, beat Moncrief and community activist Vicki Quinn in a Jan. 25 recall election. Moncrief said she has since returned to nursing full-time, working at University Medical Center and a surgery center she co-owns.

Hafen said Moncrief would have to personally sign off on any settlement, and if she didn't that would probably delay the case because he believes both sides are working as if a settlement is near.

A court hearing is scheduled for Feb. 17 to discuss the selective prosecution issue. Hafen said if a settlement is not reached by then, that hearing would probably be postponed.