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Writer's pictureDennis McCaslin

Guest Editorial: More Marshal Museum Rhetoric - Joe McCutchen - www.arkansasfreedon.com




Do the numbers and verbiage espoused by the Marshal’s Museum, INC and The Times Record comport, confuse, and are they truthful or untruthful? January 26, 2019

The promoters of the Marshal’s Museum, Inc. from day one, have billed it as a “private enterprise”, i.e. “not one cent of taxpayer money will be spent on this enterprise”. The first public announcement was published in the Times Record.

“It’s only a nine-month penny”, the promoters are urging the taxpayers to approve a temporary (?) one cent sales tax that is diametrically in opposition to the above.

A temporary Act to generate $17 million, if passed, will in all likelihood be transferred to the FSM Dept. of Parks & Tourism, then on to the CBID ( Sam Sicard, Richard Griffin & Bennie Westphal), onward to the U.S. Marshal’s Museum, Inc., and finally to the newly created “Public Facility Board” (who appointed?), to purchase the Marshal’s Museum’s building and grounds from the U.S. Marshal’s Museum, Inc. via the One Cent sales tax. (Huh??)

Apparently Sam Sicard, Richard Griffin, and Bennie Westphal will be in charge of the internal assets. Now more convolution and contradictions.

Neither the new members/owners of the “Facility Board” nor FSM would be responsible for any future operating costs of the museum???. Remember, the “Facility Board” just finished purchasing the Museum and grounds. Therefore, if the tax passes how can this be—owning a building and grounds and not being responsible?

If the Bill is passed, the $16 million would go to complete the Museum’s exhibits and “experiences”—what experiences? It was noted in various publications that the “Facilities Board” would own physical assets, i.e. building and grounds. Which is it? Facility Board owns building & grounds or exhibits & “experiences”?

The Fort Smith city government was complicit by providing the foundation for a special vote to raise $17 million or more tax dollars for a Marshal’s Museum. The procedure creating this Act may be illegal.

Note that former S.B 635 sponsored by former Senator Jake Files for $25 million which was specifically for the MM was changed to Act 679 on March 24, 2011. Why? Section II of the Act is special language and I quote, “Grants eligibility: to be eligible for a grant under this Act, an entity must establish that it is a non-profit, non-governmental 501c3 organization with a mission to form a national center of heritage and legacy within the state.”

On completion has a deal been cut to turn the facility & contents over to the City, State or Federal Government?

Act 679 provided $25 million taxpayer dollars to the three listed participants. Availability of how the money was spent has been redacted from a FOIA.


Again, recall that the media release pertaining to the creation of the U.S. MM was to be a Private Endeavor, i.e. no citizen tax dollars.

Noted also is AR SB 244, July 1, 2015, an Act for the Dept. of Parks & Tourism re appropriation funneled $3, 250,000 to the U.S. MM. Extracted from the Bill states monies from this Bill must be dedicated for all state-owned real property & facilities.

Other largesse emanates from the Federal Government, e.g. Commemorative Medallions, perhaps gold-plated, no announced value placed on, nor numbers sold, cost requiring designing, securing material, minting, promoting, transportation, distribution and sales. Value? What politicians/bureaucrats engineered this event?

Fort Smith in 2009 was FOIA’d for names & amounts of private contributors and pledges which were redacted in my presence by the MM attorney, but later was determined the city initially gave the U.S. MM $100,000 , the county $12,000, and then State Senator Files $2, 200,000 dedicated to this convoluted project.

The “Public Facilities Board” would purchase, as stated, the building & grounds (for unknown reasons) from the US MM, Inc. for the amount received from the 9 month tax if passed. Does this not establish the state of Arkansas as a bank providing funding for a for-Profit institution or will it revert quickly to a government agency?

While on the subject, why is the $17 million not borrowed by Sicard, Griffin, and Westphal from one of Sicard’s First National Banks? Have one of these three or all of the three spent one dime of their own fortunes to create & secure the MM project?


There is no doubt the 3 used and abused New Market Tax Credits—tax credit funds available for blighted areas. Is a river bank defined as a blighted area? No established value available to the public re the Tax Credits.

“The US MM, Inc. (Another contradiction.) (Using U.S. in the Museum name is of concern) will operate the Museum and Fort Smith would/will have no control over the museum operation.”

Who then? The FS city government, in addition to revenue previously distributed, has awarded even more tax payer dollars and the use of city equipment and personnel.

Again no established value.

January 15, 2019 Ward 3 Director Mike Lorenz said at a December Board meeting that “Fort Smith will get 100% of the benefits (?) and pay about 50% of the tax”. (?)

More illegal abuse, in this case, former Governor Beebe in 2007 gave $2 million, the Ark. State Legislature $200,000, 2013 the Governor gave another $1 million, Parks and Tourism to the MM $90,000 and the AEDC in 2017-18 gave $2,500,000 from the “Rainy Day Fund”.

The above four came from the General Improvement Fund—GIF. Added to the cash donations by government are the unpublished values of Commemoration Coins, New Market Tax Credits, etc. FRAUD—(Webster’s New World Dictionary, Second College Edition)…Deceit; Trickery; Cheating; Law– Intentional deception to cause a person to give up property or some lawful right.

Has anyone worked their way through this murky maze of taxpayer dollars taken by Fraud?

If so, please advise.

$25,000,000 $ 3,250,000 $ 100,000 $ 12,000 $ 2,200,000 PLUS dollar values of unnamed assets & cash raised, and pledges

$ 2,000,000 $ 200,000 $ 1,000,000 $ 90,000 $ 2,500,000

$36,352,000 TOTAL, which is $4, 352,000 more taxpayer dollars than the MM, inc. claim they have raised which is $32 million. Also the MM,inc claims to have land on the Arkansas River valued at $3.4 million.

Due to time & space I did not name all the government agencies and public/private manipulations involved in obtaining the total of $36,352,000 and perhaps much more.

Joe McCutchen

Arkansas Freedom dot com

You can read more information on Mr. McCutchen's website Arkansas Freedom by clicking HERE.



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