Former Seguin Educational Foundation treasurer pleads in embezzlement case in Texas

FROM seguingazette.com  -

A woman charged with embezzling more than $30,000 from the Seguin Education Foundation has accepted a plea agreement that calls for her to serve 10 years probation and return the stolen money.




Kimberly Emard, 44, who had served as treasurer of the foundation, was indicted in November 2010 on a charge of theft of property, more than $20,000, less than $100,000, from a non-profit organization.



Theft of $20,000 to $100,000 ordinarily is a third-degree felony, but it escalates to a second-degree felony when the victim is a non-profit organization. A second-degree felony is punishable by two to 20 years in state prison and a fine of up to $10,000.



The plea agreement was signed June 23 by Emard’s attorney, David Eveld, and Assistant District Attorney Larry Bloomquist.



The agreement calls for Emard to serve 10 years probation with deferred adjudication, a maximum of 30 days in jail as a condition of probation and to pay a $500 fine and restitution of approximately $34,000.



District Judge W.C. Kirkendall ordered a presentencing investigation by the adult probation office which also will calculate the exact amount of monthly payments toward restitution by the defendant. Kirkendall is not bound by the plea agreement, but if he were to decide to reject it, Emard would have an opportunity to withdraw her plea.



Kirkendall scheduled sentencing for Aug. 9 in Second 25th District Court.



“She doesn’t have a significant criminal history other than this,” Bloomquist said. “She’ll have a chance to turn her life around. She’s made some effort already to pay back the money.”



Established in 2004, the Seguin Education Foundation raises and distributes funds to enhance opportunities, enrich teaching and inspire learning in the Seguin Independent School District.



The Seguin Police Department began an investigation in July 2010 after SEF officials reported that a review of the foundation’s accounts revealed inappropriate expenditures and inaccurate treasurer’s reports. The review of SEF’s books reportedly indicated there were $54,000 in unallocated expenditures in 2009 and that $18,000 of that amount had been returned to the foundation in 2010.



SEF Administrator Katie Edwards could not be reached Monday for comment about the plea agreement. When Emard was indicted in November 2010, Edwards said the foundation remained active and viable.



“This incident in no way hinders the foundation’s commitment to provide financial support to the students and teachers in the Seguin ISD through our various programs,” Edwards said. “Upon resolution of this incident, the foundation directors expect full restitution.”