Posts Tagged ‘white-collar crime’

OFFICE MANAGER SENTENCED FOR STEALING OVER $284,000 FROM LA HABRA EMPLOYER BY WRITING CHECKS TO SELF AND TAKING PETTY CASH

Thursday, December 1st, 2011

SANTA ANA - An office manager was sentenced today to three years and four months in state prison for defrauding her employer out of $284,000 by writing checks to herself and stealing petty cash payments. Veronica Martinez, 55, La Habra, pleaded guilty to 51 felony counts of forgery, 51 felony counts of falsifying records, and one felony count of grand theft with sentencing enhancements and allegations for loss over $100,000, aggravated white collar crime over $100,000, and property damage over $65,000. In addition to the state prison sentence, she was also ordered to pay over $290,000 in restitution plus an additional $568,000 fine.

Martinez worked as an office manager for the La Habra Fence Company and had access to all company cash, checks, and financial bookkeeping records. She was placed in a position of trust because she was solely responsible for receiving and recording petty cash payments. Between April 2004 and September 2009, Martinez stole over $284,000 from the business.

The defendant wrote company checks to herself and then falsely recorded in the financial books that the checks had been paid to other payees, including vendors and bills. She also stole petty cash payments and failed to record that the payments had been made in an effort to hide her theft.

In early 2010, a company employee became suspicious after giving Martinez petty cash from a job and discovering the cash missing later in the day. The theft was discovered after La Habra Fence Company performed a financial audit.

OFFICE MANAGER SENTENCED TO FOUR YEARS IN PRISON FOR STEALING

Friday, July 22nd, 2011

OFFICE MANAGER SENTENCED TO FOUR YEARS IN PRISON FOR STEALING $82,000 BY PAYING OFF CREDIT CARDS ONLINE USING COMPANY SAVINGS ACCOUNT

SANTA ANA - An office manager was sentenced today to four years in state prison for stealing over $82,000 from her employer by paying off her credit cards online using the company savings account. Rebecca Lynn Labelle, 54, Chino, pleaded guilty May 19, 2011, to four felony counts of computer access and fraud with a sentencing enhancement for loss over $65,000. In addition to her four year prison sentence, Labelle was also ordered to pay $82,000 in restitution.

In 2008, Labelle was hired as an office manager for a graphics company, John Clarke and Associates, in Santa Ana and was responsible for managing the business’ financial accounts. Between June 2008 and September 2009, Labelle is accused of stealing approximately $82,000 from the business by paying off her personal credit card online using the company savings account without knowledge or permission of the owners.

Labelle attempted to conceal her fraud by collecting the mail to prevent the owners from seeing bank statements and transferring money from other business accounts into the savings account. She also duplicated check numbers in QuickBooks from previous legitimate business dealings, which had been signed by the owner, and entered the amount of her theft for the duplicated number to give the appearance that it had a business purpose.

In late August 2009, one of the owners discovered a letter from the bank alerting him that the savings account had been used for too many withdrawals. The owner began reviewing the financial statements with the bank and reported the theft to the Santa Ana Police Department, who investigated this case.

WOMAN CHARGED WITH STEALING 262000 DOLLARS FROM FIVE COLLEGE STUDENTS

Friday, July 1st, 2011

WOMAN CHARGE

D WITH STEALING $262,000 FROM FIVE COLLEGE STUDENTS UNDER GUISE OF HELPING THEM OBTAIN FINANCIAL AID TO PAY BACK RESTITUTION IN ANOTHER FRAUD CASE

SANTA ANA - A woman was arrested this afternoon on charges of stealing $262,000 from at least five unsuspecting students by taking loans out in their names under the guise of assisting them with getting money for college. Carla Ann Brennan, 63, Laguna Hills, is charged with five felony counts of grand theft, five felony counts of money laundering, two felony counts of identity theft, and sentencing enhancements and allegations for aggravated white collar crime over $100,000, loss over $100,000, property loss over $150,000, money laundering in excess of $150,000, and crime-bail-crime. The enhancement for crime-bail-crime indicates that the defendant was out of custody on bail in another criminal case at the time of the crime. If convicted, Brennan faces a maximum sentence of 16 years and four months in state prison. She is being held on $262,000 bail and is required to prove the money is from a legal and legitimate source before posting bond. Brennan is expected to be arraigned tomorrow, Wednesday, June 22, 2011, in Department CJ-1, Central Jail, Santa Ana. The time is to be determined.

Background
In 2006, Brennan and her then-husband Anthony Brennan were charged with filing false tax returns and making false financial statements (Case #06HF0677). Prior to the resolution of this criminal case, the defendants paid $100,000 to the California Franchise Tax Board (FTB) of the $188,000 they owed in unpaid taxes and penalties. Carla and Anthony Brennan divorced during this time.

Both defendants pleaded guilty July 31, 2008, and were ordered to pay the remaining restitution, complete community service, and were placed on five years of formal probation. Unbeknownst to law enforcement, Carla Brennan is accused of defrauding at least five victims in a scheme to both personally profit and pay back the restitution (see below).

(more…)

Supreme Court White-Collar Crime Ruling

Tuesday, June 29th, 2010

How the Skilling Ruling Limits White-Collar Cases

Prosecutions for mail and wire fraud are a staple of white-collar crime cases, and many involve the deprivation of the “right of honest services.” In Skilling v. United States, the case brought by Jeffrey K. Skilling, Enron’s former chief executive, the Supreme Court narrowed the scope of honest services fraud, making it more difficult for prosecutors to pursue criminal cases against corporate executives for misconduct that does not involve lining their own pockets.

Under the court’s analysis, evidence that an executive had a conflict of interest or acted against the best interests of the company and its shareholders is now insufficient to make out a case of mail or wire fraud.

SKILLING v. UNITED STATES