Steptoe is expected to consider the case again in mid-February, Crofford said.
Smoot, who is free on bond, initially was charged with six counts of falsifying accounts, forgery of public record and two counts of fraudulent scheme in the insurance case and was charged with embezzlement in the case involving the social club, court records say.
The charges were never presented to a grand jury, and Crofford said he decided to pursue the cases through a possible plea agreement instead of pursuing them before a grand jury. The proposed plea arrangement before Steptoe combines both cases.
In the insurance case, an investigator with the West Virginia Office of Insurance Commissioners contacted the Charles Town Police Department in July 2002 and said Smoot was the subject of an investigation, according to court records.
Smoot had an office at 114 E. Washington St., and was an agent for Erie Insurance Co., State Auto Insurance and Shelby Insurance Co., court records state. The office has since closed, Crofford said.
The investigation alleged that Smoot "improperly withheld, misappropriated, or converted to his own use" money that belonged to policy holders, insurers, beneficiaries or others, according to Crofford and court records.
Smoot also misrepresented the terms of existing or proposed insurance contracts, court records allege.
In one instance, a woman made a payment of $1,603 to Smoot for coverage, and the investigation by the West Virginia Office of Insurance Commissioners revealed no coverage was in place, records allege.
Smoot allegedly quoted insurance premiums for car insurance or homeowners insurance and would have the application signed by the applicant, court records state.
The applications or money would never be forwarded to the insurance company, court records state.
The embezzlement charge against Smoot involved money that was missing from the Jefferson County Cotillion Club, a social organization that sponsors three dances a year.
On Aug. 6, 2003, West Virginia State Police Trooper James C. Long learned from club members that after the 2002 board member election, the new club treasurer was not provided with paperwork or a checkbook regarding the club's account from Smoot, the club's treasurer from 2000 to 2002, records state.
An audit performed by Andrew C. Smith of Nichols DeHaven and Associates determined that $4,894 was missing from the club's checking account, court records allege.
On Aug. 21, Long told Smoot in a phone conversation that he did not have to answer any questions, but asked Smoot if he took the money from the club, according to court records.
"Mr. Smoot answered by saying 'no,' but he would pay them back," Long said in a criminal complaint.
Under the plea agreement pending before Steptoe, Smoot will make restitution to the Cotillion Club, Crofford said.
There will be no restitution in the insurance case because when Erie Insurance Co. realized what was happening, Smoot forwarded money to them, Crofford said.
The Smoot case is similar to another case in which a former longtime Charles Town insurance agent was charged with collecting money from customers for insurance policies that did not exist.
Michael J. Cross, of 95113 Sago Drive, Fernandina Beach, Fla., was charged with fraudulent schemes, police said.
In that case, $53,571 was collected from customers for insurance policies that did not exist, court records and a Charles Town Police Department investigator alleged.
Alleged victims in the case, which is still pending, included the Jefferson County Chamber of Commerce and the Old Opera House, according to court records.
