Nebraska Attorney General Mike Hilgers has filed a felony theft charge against the former director of History Nebraska, entering a dispute over whether the official could lawfully move money from one private foundation to another. The charge against Trevor M. Jones, theft by deception, was filed on Friday and carries a possible sentence of up to 20 years in prison.
The case traces back to June 2020. According to the State Auditor's Office, Jones obtained $270,000 from the privately funded Nebraska State Historical Foundation by saying the state agency needed the money to stay financially stable during the COVID-19 pandemic.
The auditor has said Jones did not use the money to shore up the agency's finances. Instead, the auditor said, he deposited it for future use with a different private group he helped lead, the History Nebraska Foundation. Jones and others have said the newer foundation gave them more say over its investments, mainly through the way its board members were appointed.
The auditor's report raised doubts about whether money solicited for a specific purpose could be handled in that way, and asked the Attorney General's Office to consider whether Jones' actions amounted to a crime. Prosecutors now allege that Jones created or reinforced "a false impression" about the law, the money or how it would be used, which kept the older foundation from correctly judging the transaction. Investigators also allege that he altered two checks that the foundation had written or stamped for deposit into the state treasury.
Jones did not immediately return calls seeking comment. He and his supporters have described him as a change agent at the agency responsible for preserving and sharing Nebraska's history, while acknowledging that he upset some people. The charging documents list a Lincoln address as his last known residence. He has previously said he planned to move to France after leaving the agency.
Board members of the older foundation have argued that Jones should not have moved the money between foundations without their permission. Several have also criticized his leadership, including his emphasis on digitizing historical records over the experience of using those records in person and visiting the state museum in Lincoln. The foundation at one point discussed reducing the share of its funds that goes to History Nebraska, which stood at about 75%. Several board members did not return calls on Tuesday, and two who did declined to comment.
The state charge follows a different outcome at the local level. In December, the Lancaster County Attorney's Office declined to bring criminal charges. County Attorney Pat Condon said state law did not fit well with the way the money was shifted from one fund to another.
Suzanne Gage, a spokeswoman for Hilgers, said the charge rests on the evidence in the auditor's report and on additional evidence gathered during a review by the Attorney General's Office and the Nebraska State Patrol. That, she said, includes "new evidence that came to light after the decision made by the Lancaster County Attorney's Office." Hilgers' office did not say what the new information was.
