February 10, 2004 - Posted at 4:04 p.m. CDT
LITTLE ROCK, AR - Federal prosecutors called a witness today to lay the foundation for the mail fraud case against former state prosecutor T.J. Hively and a co-defendant.
The testimony of federal auditor John Moody was intended to give jurors background to help prove the charges.
The auditor, John Moody, works with the Child Support Enforcement program of the federal Department of Health and Human Services office at Dallas. He said local prosecutors can be personally reimbursed for work on child support cases as long as they personally did the work.
Mail fraud charges accuse Hively and former law partner Wesley John "Butch" Ketz of obtaining reimbursement for legal services costs in child support cases handled by another lawyer. The services were provided under a contract between the state Department of Human Services and Hively's office.
Such contracts, Moody said, do not call for prosecutors to be paid for managing the program.