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Sunday, November 15, 2009
Ind. Law - "Getting off (nearly) scot-free: Is the penalty too light for convicted embezzlers?"
That is the headline to this story by Laurie Wink in the Sunday Michigan City News-Dispatch:
LA PORTE - Local and area businesses, churches and organizations have lost thousands of dollars to trusted employees turned embezzlers. The embezzlers usually don't pay back all the money, and they're rarely incarcerated.Embezzlers initially are charged with Class D felony theft but, through plea agreements, charges can be reduced to Class A misdemeanors, with time served on probation. Terms are reached in pre-trial negotiations between the prosecutor's office and the defendant's attorney.
Such discussions are under way between La Porte County Deputy Prosecutor Alan Sirinek and defense attorney Steve Snyder in the case of Sara Suppa, 22, La Porte.
"The pre-trial conference is to see if the attorney and I can see if we can reach a plea agreement. It's just a sharing of ideas with respect to the case," Sirinek said.
Suppa was charged in September with multiple counts of Class D felony theft for embezzling $49,000 from Moore's Auto Repair, 942 Greene St., and pleaded not guilty. Business owner Steve Moore hired Suppa as the company's bookkeeper in May 2008. He said the thefts began that August, and he didn't catch on to them until this August.
Karen Ashcraft, a former employee of Naturally Wood Furniture Center, was convicted in 2007 of embezzling from the company. President Mark Schoonaert said she stole more than $100,000 over a four-year period. Through a plea agreement, Ashcraft did not go to jail and was ordered to pay Schoonaert less than $12,750. To date, Schoonaert has received a total of $4,350, mostly in small amounts that come in monthly.
Schoonaert received $3,200 in June this year when Ashcraft cashed in a 401k - the one he contributed to as an employment benefit. He said the after-tax amount was $4,930 so he's left wondering what happened to the extra $1,730.
"Another interesting thing about the whole situation is, I know several cases when they (embezzlers) gambled," he said. "There's no (court) restriction to avoid casino gambling. In my case, she was one of those special club members at the casino."
The only way Schoonaert finds out about what is happening in Ashcraft's case is when he calls the probation department. He's trying to stop thinking about the money he lost.
"I don't know where the case is now," he said. "I have to distance myself from it."
La Porte County Prosecutor Robert Beckman said the charge for embezzlement is Class D felony theft "because that's what it is." Beckman said the sentence imposed in each case is based on facts - the defendant's prior criminal record, the amount of money taken and the period of time it took place. Indiana law states a person who commits a Class D felony could receive a sentence from six months to three years, with an advisory sentence of one and a half years.
Plea agreements aren't unique to embezzlement cases, according to Beckman, who said 99.9 percent of criminal cases involve a plea agreement and about 90 percent of sentences don't involve jail time. With some 6,000 criminal cases filed in La Porte County each year, Beckman said it comes down to economics.
"Taxpayers can't afford to have enough courts and courthouses and jails," Beckman said.
La Porte County Circuit Court Judge Tom Alevizos, formerly a deputy prosecutor, has seen his share of embezzlement cases. He sympathizes with victimized business owners because he comes from a family of business owners.
Alevizos said that, as a judge, he's able to reject a plea that he believes is unwarranted.
Posted by Marcia Oddi on November 15, 2009 05:07 PM
Posted to Indiana Law