Hot Spring County Sheriff Scott Finkbeiner pleaded guilty Friday to misleading the FBI in a case involving drugs and sex and plans to resign from the office he has held since 2023.
Finkbeiner was released from jail pending his sentencing, which has not been scheduled, defense attorney Jeff Rosenzweig said. As part of the plea agreement, prosecutors dropped all other federal charges against the sheriff.
Finkbeiner could face a maximum penalty of five years in prison, a $250,000 fine, or both, and supervised release.
Rosenzweig said Finkbeiner did not talk during Friday’s hearing before Judge Susan O. Hickey of U.S. District Court in El Dorado other than to answer questions.
Finkbeiner, 47, of Malvern has remained sheriff throughout the lengthy investigation but has not been allowed to perform official duties beyond payroll matters. He will resign as soon as Rosenzweig can get the necessary paperwork complete, the attorney said.
Finkbeiner, a Republican, pleaded guilty to one count of willfully and knowingly falsifying, concealing and covering up a material fact during the FBI’s criminal investigation of a Perla man’s drug activity. Finkbeiner admitted he was scheming to cover up his own criminal activity with the man, Kenneth Wayne Smith. Finkbeiner had earlier tried to pass Smith off as a “valuable” confidential informant.
Smith has since pleaded guilty to distributing methamphetamine and maintaining a drug-involved premises. He awaits sentencing.
In an interview in November 2023, investigators asked Finkbeiner what his response would be if he were asked if he was going to Smith’s residence and using meth and crack cocaine. Finkbeiner replied that he would have answered, “Unfortunately, I am,” according to the 17-page plea agreement.
Finkbeiner had been free from custody with certain conditions until the FBI arrested him last week for alleged witness tampering. Until his release after Friday’s plea, he was held in the Saline County jail in Benton.
Finkbeiner had also been arrested in April 2024 on state charges of sexual solicitation, a misdemeanor; and unauthorized utilize of the Arkansas Criminal Information Center, a felony. Rosenzweig said those charges have been negotiated and a resolution is pending.
Other federal charges against Finkbeiner had included:
–Tampering with a witness, victim, or an informant / obstruction of justice.
–Misprision of a felony, meaning he allegedly knew about a felony and did not report it.
–Unlawful drug user in possession of a firearm.
