Judge: State prosecutors provided insufficient evidence in alleged PFD fraud case

An order issued by a Juneau judge dismissing multiple felony charges against a former fishing association head and former Alaska Board of Fisheries nominee suggests prosecutors made errors, again, in presenting the case to the grand jury.

Roland Maw waits to be called for an interview before a joint meeting of the Boards of Fisheries and Game on Jan. 14, 2015. (Photo by Matt Miller/KTOO)
Roland Maw in 2015. (Photo by Matt Miller/KTOO)

Roland Maw was facing a total of 12 felony charges of theft and unsworn falsification related to applying for and receiving Alaska Permanent Fund Dividends between 2009 and 2014.

Maw’s defense attorney Nicholas Polasky filed a motion last November to dismiss the indictment.

Just before trial was scheduled to start March 9, Superior Court Judge Louis Menendez said he planned to dismiss the indictment.

In the 14-page order distributed March 15, Menendez wrote that he examined grand jury transcripts, which featured testimony of two witnesses before the grand jury.

Grand jury panels hear evidence presented by prosecutors before determining whether there is at least probable cause to charge someone with a crime, usually serious felonies.

Defense attorneys are not allowed to rebut and dispute such evidence.

In addition, grand jury proceedings are usually closed, and any testimony and evidence presented to jurors is kept under seal.

But the judge and attorneys in the case have access to those materials.

Menendez noted that prosecutors did not provide any evidence to prove that Maw actually filled out the online application for the permanent fund dividend. A PFD investigator alleged that Maw answered “no” to the question about being gone from the state for more than 90 days. The same investigator mentioned the myAlaska-verified electronic signature as part of the online application, but she did not explain how the account is either unique or linked to a particular individual.

On the theft charges, Menendez determined that prosecutors failed to prove that Maw actually benefited from filling out the PFD application. There was testimony that dividends were deposited into an account held by someone named Roland Maw, but there was no evidence presented that it was an account belonging to the Roland Maw who was being charged. In turn, that improperly shifted the burden of innocence to Maw, rather than Maw enjoying a presumption of innocence.

Menendez also found that grand jurors heard incomplete evidence used to determine Maw’s residency in either Alaska or Montana. He also noted an investigator’s testimony in which he explained that Alaskans may still be eligible for a PFD if they are absent from Alaska for more than 90 days and less than 180 days for each year. The same investigator told the grand jury that, between 2008 and 2013, Maw appeared to be absent from Alaska for as few as 121 days and as many as 180.

Maw still faces a possible one-day trial on April 9 on five lesser, misdemeanor charges of falsifying applications. But it’s unclear if that will go ahead as planned, especially if prosecutors decide to go to the grand jury for the third time.

This was the second time that Menendez has dismissed an indictment against Maw. In January 2017, the felony charges were dropped because prosecutors improperly presented hearsay evidence to the grand jury.

Maw was the former executive director of the United Cook Inlet Drift Association.

In addition to being a Board of Fisheries nominee, he was also candidate for Commissioner of the Alaska Department of Fish and Game in 2015.

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