Small Gets 2 Years' Probation

After the proceeding, Frank D. Whitney, the U.S. attorney for the Eastern District of North Carolina, emphasized that Small "is not an individual that did not have resources. He had $400,000 at this disposal" and could easily have ensured that he was not violating the law.

Small was formally charged Jan. 5 and had worked out a plea agreement with the government before Friday's hearing. Boyle said he was uneasy with several points in the agreement. Small had agreed to make a series of speeches "no less than once a month" on the importance of endangered species laws. Boyle ruled that requirement was unnecessary.

Boyle also rejected a provision that Small post a two-page letter of apology on the Smithsonian's Web site. "I don't see the propriety of that," he said.

But the prosecution argued that although the collection was purchased before Small become Smithsonian secretary in January 2000, it was in his possession during his tenure. The judge then directed Small to submit the letter of apology to the five national publications.

Afterward Small said, "For someone who can't ever remember getting a speeding ticket, it is unusual to find myself in the position of having broken the law, but I'm glad we have gotten to closure."

Small pleaded guilty to a Class B misdemeanor, which carries a maximum jail term of six months and a $15,000 fine.

The hearing was in North Carolina because the protected items were purchased in the state, but many of the key players as well as Small have important ties to Washington.

Small's attorney, Judah Best, has represented former vice president Spiro T. Agnew and Watergate figures Charles Colson and Harry Dent. Whitney, a former Army intelligence officer and a paratrooper, worked in the capital as a clerk at the U.S. Court of Appeals and then for a D.C. law firm.

Boyle was nominated to the U.S. Court of Appeals by President Bush last May, and the selection was sent to the Senate for confirmation earlier this month. He had been nominated for the same post by the first President Bush, but the nomination was never approved.

One of those who helped block Boyle's appointment was Sen. John Edwards (D-N.C.). Boyle briefly worked for another North Carolina senator, Republican Jesse Helms.