No Criminal Charges Filed Against Shelby County Sheriff's Office

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Published on May 18 2022 10:00 am
Last Updated on May 18 2022 10:45 am
Written by Greg Sapp

State officials have concluded an investigation of the Shelby County Sheriff's Office. A notification to Shelby County State's Attorney Nichole Kroncke indicates that "the allegations do not constitute a criminal offense and, accordingly, do not support any criminal charges."

The Illinois Attorney General's Office was appointed by the 4th Judicial Circuit Court as a special prosecutor to review and, if warranted, prosecute allegations of fraud, theft, and official misconduct against the Shelby sheriff's office. The allegations were levied by Shelby County Treasurer Erica Firnhaber in December 2019.

An investigation of alleged theft of funds through the Sheriff's Office payroll system, as well as alleged sale of seized firearms, was conducted by Zone 5 of the Illinois State Police Division of Criminal Investigations.

Shelby County Sheriff Brian McReynolds, who was not in office when the investigation began, said all firearms related to the investigation are accounted for and secured within the Shelby County Sheriff's Office. McReynolds took office as sheriff in 2021. Kroncke said seized firearms were sold, but those who sold them were the "victims of bad advice". She said the sold firearms have been returned.

Kroncke said an element of prosecution of official misconduct is that the suspect knew what they were doing was illegal. She said that was not the case in this instance.

Additionally, Kroncke announced that 20/20 Forensic Accounting was retained by Shelby County to conduct a payroll audit of the Sheriff's Office from January 2015 through July 2020. During the course of the audit, the firm reviewed payroll records, bank accounts, collective bargaining agreements (and any modifications) as well as bank statements for the County and the Sheriff's Office. Auditors also interviewed employees of the Sheriff's Office, the County Clerk's Office, and the Treasurer's Office.

The audit revealed that $326,315 was overpaid to employees and $332,598 was underpaid to employees. The final result of the audit was a net underpayment to employees of $6,283. The audit findings were shared with and reviewed by the Illinois Attorney General's Office.

Kroncke said the overpayments and underpayments involved some employees of the Shelby County Sheriff's Department. That matter is yet to be resolved. Kroncke said that issue is still before the Shelby County Board. She said the Board could consider the matter as soon as their June meeting, or sooner if a special meeting is called. 

Kroncke said a forensic audit could be requested to come up with a final determination as to where the money went.