Hennepin County District Judge Juan Hoyos has tossed the theft-by-swindle charge against Bishop Harding Smith, while letting a separate criminal case against his nonprofit, Minnesota Acts Now, live on. The ruling shields Smith personally from the swindle count but keeps alive allegations tied to a county contract for violence-intervention work. Smith, a well-known Brooklyn Park community figure, has long drawn attention for his group’s street-level programs and his political profile.
Prosecutors’ payroll allegations
Prosecutors allege that Minnesota Acts Now reported about $495,547.90 in payroll expenses to Hennepin County for an August through December 2021 contract, but actually paid roughly $346,209.31, leaving an apparent gap of nearly $150,000, according to the Hennepin County Attorney’s Office. The county’s complaint says Smith told officials he was paying staff the $35-per-hour rate required under the contract, while records allegedly show most workers received far less.
Judge: dismissal tied to trial delays
CBS Minnesota reports that Judge Hoyos ruled the state’s move on April 27 to dismiss and refile the case created an unnecessary delay that violated Smith’s demand for a speedy trial. The judge rejected prosecutors’ explanations that an unavailable witness and an unprepared prosecutor justified the timing, granting the defense motion to dismiss the individual theft-by-swindle count while refusing to extend that relief to the nonprofit.
Smith pushes back
Smith and his attorney insist the case is politically driven and say prosecutors have the payroll math wrong, according to FOX 9. Smith told reporters he paid many workers $20 an hour and that the contract language allowed "up to" $35 an hour, rather than locking in that rate. His lawyer has suggested old political grudges may be fueling the prosecution. The county’s office has countered that the judge’s decision on Wednesday was about timing under speedy-trial rules, not about whether the evidence is strong or weak.
Nonprofit case will proceed
Hoyos denied a bid to throw out the theft-by-swindle charge against Minnesota Acts Now, finding the nonprofit had not proven the case was retaliatory, according to CBS Minnesota. The Hennepin County Attorney’s Office says it will refile and continue pursuing the organizational case after a related wage-theft count became time-barred.
Why this matters
Minnesota treats serious wage theft as a felony, and such prosecutions have grown more visible since the state secured its first felony wage-theft conviction in 2025. MPR News reported that the landmark conviction signaled a shift toward criminal enforcement of pay-deficit claims. That context helps explain why this Hennepin County case, built around a publicly funded contract and contested payroll records, drew prosecutorial attention so quickly.
What’s next
The theft-by-swindle case against Minnesota Acts Now is set to move forward in Hennepin County, and a trial is expected in January, according to FOX 9. Smith and Minnesota Acts Now maintain they will keep fighting the charges and defending their history of community work. Local leaders, former staffers and county officials say they will be watching closely to see how the payroll records and contract compliance hold up under courtroom scrutiny.
