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Democratic state Rep. Justin Miller pleaded guilty Friday to one count of communications fraud — stemming from allegations he embezzled money from Salt Lake County Mayor Ben McAdams' campaign — and has resigned his House seat.
Charges were filed Friday morning, and Miller, 35, pleaded guilty before 3rd District Judge Katie Bernards-Goodman. Miller was expected to be booked and released on his own recognizance.
Communications fraud is a second-degree felony, and Miller faces a potential prison term of one to 15 years when he is sentenced Dec. 18.
"I understand the charges against me, and I take full responsibility for the mistakes I have made," Miller said in a statement announcing his resignation.
Miller said he had failed to be open with McAdams and, while the actions occurred before Miller was in the Legislature, "I believe elected officials should be held to a higher standard."
Miller also said he is continuing to cooperate with an ongoing investigation into Salt Lake County, an indication that the charges against Miller may not close the book on accusations and countercharges that flew back and forth between Miller and McAdams.
"I understand the charges against me, and I take full responsibility for the mistakes I have made," Miller said in a statement announcing his resignation.
Miller said he had failed to be open with McAdams and, while the actions occurred before Miller was in the Legislature, "I believe elected officials should be held to a higher standard."
Miller also said he is continuing to cooperate with an ongoing investigation into Salt Lake County, an indication that the charges against Miller may not close the book on accusations and countercharges that flew back and forth between Miller and McAdams.
Salt Lake County District Attorney Sim Gill issued a statement saying he doesn't believe there is a continuing investigation into the county. He has offered full cooperation to the FBI and U.S. Attorney's Office for Utah, he said, "and I have received no requests. Based on my conversations with those agencies, Mr. Miller's claim is incorrect and I have no reason to believe there is an investigation of Salt Lake County."
According to court documents, Miller admitted to having written himself a check from the campaign for nearly $25,000, reimbursement for a campaign expense he planned to pay for using his American Express card.
But when the caterer refused to take American Express, Miller wrote the company another check from the campaign and did not repay the funds.
"As the victim of Justin's criminal actions, I'm grateful that he will answer for them with his guilty plea to a felony criminal charge," McAdams said in a statement. "Justin stole money from me and the people who made donations to support my campaign. He betrayed the trust of a lot of people. It's important that he be held accountable for his wrongdoing."
McAdams also said he expects a court order that Miller repay the campaign funds he took.
Under the terms of Miller's plea, if he pays restitution in full before the hearing, he could be sentenced to a lesser, third-degree felony, which is punishable by up to five years in prison, court papers say.
Additionally, if a judge orders a suspended sentence, Miller could avoid prison and serve only probation. The agreement allows for a further reduction of Miller's sentence — to a class A misdemeanor — on his permanent record if he successfully completes probation.
House Minority Leader Brian King, D-Salt Lake City, who had called for Miller's resignation in July, said the now former lawmaker has finally made the right decision.
"It is best for House District 40 and the people in the state of Utah for him to resign. This is the responsible thing to do," King said. "Ethical government is of the utmost importance to the House Democratic Caucus. The work ahead of us as legislators can now move forward without distraction."
House Speaker Greg Hughes, said he was "disappointed" to learn that Miller had been charged.
"Although these actions predate his arrival to the Legislature, as elected officials it is our job to be accountable for our actions and respect the integrity of the institution for which we've been elected," the Draper Republican said. "Representative Miller has made it clear to me that he is cooperating with the proper officials and taking responsibility for his actions. I respect his decision and accept his resignation."
Democratic delegates in House District 40 will meet to pick Miller's replacement.
Miller notified the county of his intent to sue earlier this year, accusing the mayor of wrongfully firing Miller from his job as associate deputy mayor a year ago. McAdams countered that Miller had performed poorly in the position and may have stolen money from his campaign.
McAdams also released a copy of a secretly recorded meeting with Miller and McAdams' campaign aide, Donald Dunn, in which Miller acknowledged he had written himself a check for $24,000 that he needed to repay to the campaign.
Miller claimed the firing was a result of him raising questions about a county contract that was given to the Exoro Group, a public-relations firm with ties to McAdams' campaign.
Salt Lake County District Attorney Sim Gill said he looked into Miller's concerns and found them meritless. Gill forwarded the embezzlement allegations to Davis County Attorney Troy Rawlings for investigation.
In June, it was revealed that the FBI had taken over the probe.
— Jennifer Dobner contributed to this story.
Twitter: @RobertGehrke