Former Oklahoma district attorney used secret deals before leaving office, investigation finds
A government audit found that a former district attorney earned more than $160,000 for his office through secret deals before resigning in 2022 after being accused of misconduct.
Allan Grubb was district attorney for Pottawatomie and Lincoln counties. He resigned in August 2022, three weeks after a grand jury in several counties across the state indicted him on habitual dereliction of duty, oppression in office and corruption.
Many of the charges centered on Grubb’s use of secret arrangements known as deferred prosecution agreements. Jurors alleged that he improperly “prioritized” the use of these arrangements to generate revenue for his financially troubled office.
State Auditor and Inspector Cindy Byrd released a forensic audit of his financial accounts on Tuesday.
The auditors reported that he had not adopted any official guidelines on what factors to consider when deciding whether to grant a stay of prosecution. State law requires each district attorney to issue guidelines.
Grubb, 49, of Shawnee, could not be reached for comment Wednesday. He acknowledged to The Oklahoman in February 2022 that he had done more deals in his office to combat a financial crisis. “It’s the easiest way to raise money,” he said.
How a stay of prosecution usually works
Deferred prosecution agreements typically result in no charges being filed. As part of the agreement, there is no guilty plea, no appearance before a judge, and no time behind bars. Most prosecutors rarely, if ever, make such agreements.
Adam Panter, the current district attorney for Pottawatomie and Lincoln counties, said Wednesday that he is not offering any plea bargains.
A continuance agreement is not the same as a suspended sentence, a common form of probation that can only be imposed after charges have been filed.
In Lincoln and Pottawatomie counties, offenders who received a deferment agreement paid “supervision fees,” according to the audit. The total amount collected between January 2019, when Grubb took office, and March 31, 2022, was $163,580.
Between July 1, 2018, and June 30, 2022, according to the audit, 58 stay of prosecution agreements were documented in Pottawatomie County and 194 in Lincoln County.
Auditors found undocumented agreements and unjustified fees
The auditors also investigated allegations that undocumented collusion was made for Grubb’s personal benefit. The auditors reported that they interviewed DA staff, other officials and concerned citizens but were unable to determine whether undocumented collusion existed.
Auditors found that Grubb’s office improperly billed the Oklahoma Department of Human Services $32,492 for the salary of a DA employee. The DA had a contract with DHS’s Child Support Services.
The employee resigned on January 3, 2022. He confirmed that he never worked for the Attorney General’s Child Support Division, according to the audit. DHS has reclaimed the funding.
The grand jury that investigated Grubb only called for his immediate suspension and eventual dismissal. In that motion, it accused him of misconduct but did not indict him.
In particular, jurors alleged that he entered into a plea bargain with a man accused of sexual assault, despite having a personal relationship with a relative of the man.
He also refused to give contracts to otherwise qualified people simply because they were unable to pay their debts, the jury said.
Grubb, a Republican, was elected in 2018. He sought re-election in 2022 but finished third in the Republican primary. He would have left office in January 2023 anyway.
In February 2022, David Prater, then Oklahoma County District Attorney, asked Byrd for the audit. The request came after Grubb fell far behind on handing over funds to the state agency that manages district attorneys’ payroll. Byrd has forwarded the findings to new Oklahoma County District Attorney Vicki Behenna.
More: Governor Kevin Stitt appoints new district attorney for Pottawatomie and Lincoln counties
Prosecutors must send forged checks, asset forfeiture funds and other funds to the state agency, the District Attorneys Council. The agency combines the funds with state funds to cover the paychecks.
Grubb owed up to $679,198 in September 2021. Auditors blamed his “continual hiring of new employees.”
According to the audit, Grubb had as many as 12 new jobs at one point. His payroll costs in fiscal year 2021 were $2.27 million, double the last full fiscal year under the previous administration. He reportedly ignored suggestions to cut wages or reduce the number of high-wage employees.
