The ruling left Smith — who pleaded guilty and cooperated with federal prosecutors — as the only participant in a Tennessee legislative mailing-fraud scheme who would have served time behind bars, a situation both her defense attorneys and the U.S. Attorney’s Office said was unjust.
NASHVILLE, Tenn. — A federal judge on Monday reduced former Republican state Rep. Robin Smith’s prison sentence to one year of probation, sparing her incarceration after President Donald Trump had pardoned the two co-conspirators whose public corruption convictions Smith’s testimony helped secure.
U.S. District Judge Eli Richardson’s ruling in Nashville left Smith — who had pleaded guilty and cooperated with federal prosecutors — as the only participant in a Tennessee legislative mailing-fraud scheme who would have served time behind bars. The judge’s reason for the change was filed under seal.
Smith had been sentenced in late October to eight months in prison. About two weeks after that sentencing, Trump pardoned former House Speaker Glen Casada and Casada’s onetime aide Cade Cothren. Richardson had sentenced Casada to three years in prison and Cothren to two and a half years in September.
Smith’s attorneys argued that sending her to prison while her co-conspirators went free would be a “manifest injustice” — asking the judge to reduce her sentence given the “collective criminal activity” she shared with Casada and Cothren. The U.S. Attorney’s Office also supported the change, saying the case presented “narrow circumstances” in which it “has not identified another federal case in which a testifying conspirator reported to prison after an equally culpable conspirator was pardoned.”
The scheme
The corruption case centered on a shell company called Phoenix Solutions, which Casada, Cothren, and Smith created and falsely claimed was run by a person named “Matthew Phoenix,” according to prosecutors. Companies controlled by Casada and Smith received roughly $52,000 in taxpayer money in 2020 through a state program used by lawmakers to send mailings to constituents. Prosecutors said the goal was to use that state-funded work as a springboard into more lucrative business opportunities.
Smith testified at trial that the purpose of the scheme was to conceal who was behind Phoenix Solutions, given the “radioactive” scandal that had driven Casada and Cothren from power. Casada had resigned as House speaker in 2019 following a no-confidence vote among fellow Republicans amid swirling scandals; Cothren had stepped down from his aide position that same year amid allegations. The mailing scheme proceeded after both men had left their positions but while Casada remained a state lawmaker.
Smith pleaded guilty to one count of honest services wire fraud. A jury convicted Casada and Cothren on various charges, including use of a fictitious name to carry out fraud, honest services wire fraud, and money laundering.
Smith still seeking pardon
In a statement Monday, Smith said she continues to seek a pardon from Trump and has “continued faith in this process.”
“I have been overwhelmed with kind words, prayers, and continued support of those whose friendships are literal treasures,” Smith said. “God’s goodness has been through people. Just amazing!”
Her attorney, Ben Rose, said a presidential pardon would resolve her probationary term and allow her to recover nearly $30,000 she has paid in restitution.
Smith, a former county and state Republican Party leader, was elected to the state House in 2018 to represent part of Hamilton County. She resigned her seat in early 2022 amid her plea deal.