A former fishing association head and former Board of Fisheries nominee will not stand trial next week for charges of permanent fund dividend fraud and theft.
Maw, who also applied to be Alaska Department of Fish and Game commissioner during the Walker administration, was the former executive director of the United Cook Inlet Drift Association.
Maw’s attorney, Nicholas Polasky, filed a 13-page motion Monday to dismiss the indictments. He writes that the grand jury heard allegations based on misplaced interpretations of administrative rules about the initial denial of a permanent fund dividend application, rather than state law about an applicant’s eligibility or potential criminal prosecution.
Polasky told Juneau Superior Court Judge Amy Mead in court Monday morning that he’s willing to orally argue the merits of his latest motion to dismiss the indictments.
Prosecutor Lisa Kelley of the Office of Special Prosecutions has until Feb. 26 to respond to Polasky’s motion.
A jury trial, previously scheduled to start Feb. 11 in Juneau, is now scheduled for May 13.
Maw was first charged in January 2016 with a total of twelve felony counts of theft and unsworn falsification. Prosecutors alleged Maw applied for and received permanent fund dividends while he was out of Alaska for over 90 days, each year between 2009 and 2014.
The two previous sets of indictments were dismissed after Polasky challenged the evidence presented to the grand jury by prosecutors.
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