The tragedy of fraud – part 3 – the sentencing

On December 20, 2010, the judge pronounced sentence in a case I’ve been following.  Why go into detail?  To continue the discussion of the massive devastation of fraud.

Previously I discussed the accusations that a local church has suffered a very large embezzlement.  When the person entered a plea agreement, I discussed the Tragedy of Fraud, which contains a number of comments I’ve wanted to make for a long time.

The sentencing is done and there are a few more observations I’d like to make.

Two disclosures:  First, I will not be mentioning any names, either of the individual involved or the church.  If you are really interested, you can spend a few minutes searching the ‘net and find all the public documents I have used for my posts.  Second, I have a number of friends who worship at this church, but I do not know anything about this case or the individual other than what is public information.  Because I have no private knowledge, that gives me the freedom to pontificate.  If I had inside info, the ethics rules of my profession would require me to protect those confidences.

Jail time – The sentence is 270 days incarceration in county jail with credit for 2 days time served.

Probation – the probation runs for 36 months.  I read the court-ordered terms of probation.  Ouch.  He must submit to a search of his property and person without warrant at any time upon request – he’s waived fourth amendment protection.  He can not work as a health care provider.  He can not possess any weapons. 

He can not have possession of checks, signature authority on checking accounts of others, or deposit anyone else’s checks without permission of the probation department.  He can not handle money without disclosing to his employer the present case and his terms of probation.  Why do I mention those particular terms?  Because that means he is unemployable for the next three years in any job that involves finances.  That is a serious restriction since his primary skill set is in the financial area.  This follows up my comments in the Tragedy of Fraud that he is going to have a hard time getting a decent job.

Restitution – The person must repay the church $25,000.  The alleged amount was really high – in the range of $700,000 or more.

Fines and fees — When you add up the various fines and fees, it looks to me like he will be paying the county $3,915 in addition to the restitution to the church.  This does not include reimbursement for the public defender, which were waived.  Imagine the cost of a private attorney!

Why go into this detail?  It is the next round of the expanding ripple effects of fraud.  The devastation of a fraud is frightening.

Next post: possible civil litigation

One Response to The tragedy of fraud – part 3 – the sentencing

  1. Of course, the penalties do not cease after probation has ended. Every time the person applies for a job, or every time that person encounters someone in the community, or any time the person’s kids (if the person has kids) encounter someone in the community, the repercussions are still present.

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