Saturday, July 10, 2010

House foreclosure at stake in Connecticutt nursery school embezzlement case

A nursery school that is suing a former bookkeeper accused of embezzling more than $150,000 will be allowed to initiate a foreclosure on the woman's house if it wins the lawsuit, according to the school's attorney. Superior Court Judge Terence Zemetis has granted a prejudgment remedy of $250,000 in a lawsuit brought by the Guilford Nursery School against Joan Kathryn Ames, requiring Ames to set aside $250,000 in assets.A writ of attachment orders Ames to put up her Whitethorn Drive home to satisfy the prejudgment remedy."It has the practical effect of preserving whatever her equity is in the house for us," he said. Ames, who was the school's bookkeeper for about 30 years but no longer works there, was charged with firstdegree larceny in September. She has not yet entered a plea and is due back in court Monday.Initial police investigations alleged that Ames, formerly known as Joan Ames Berkowitz, embezzled $50,000. But further audits accuse her of embezzling at least $150,000 in five years.Licari said last week he is still receiving bank records related to the case and that the law may permit the Guilford Nursery School to be reimbursed three times the amount embezzled. That's why Licari initially asked the court to require Ames to secure $450,000 in assets.However, after discussions between Licari and New Haven lawyer William F. Dow III, who represents Ames in her civil and criminal cases, "the court entered a prejudgment remedy pursuant to an agreement between the parties for $250,000," Licari said.The decrease in the request of the prejudgment remedy amount "has no direct bearing upon ultimate value of our case or with the confidence we have in our client," Licari said. "The judge didn't order that. It's not a function of any analysis by the court as to ultimate value of claim."Ames' house appears to be worth more than $250,000, Licari added, but the court has also granted a motion for Ames to disclose other assets.Dow and Ames could not be reached for comment.The Police Department began an investigation into Ames' bookkeeping in fall 2009, after receiving a complaint from the nonprofit North Guilford Nursery School. As bookkeeper, Ames made all deposits and handled accounts payable, and court documents state she issued checks to herself using school accounts for money she was not owed and tried to conceal the withdrawals.

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