Former Discovery Counseling Center head pays restitution in embezzlement plea deal

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The former head of the Discovery Counseling Center has repaid the nonprofit $100,000 as part of an embezzlement plea deal that could wipe the charges from his record.

Thomas Martin was in Contra Costa County Superior Court in Walnut Creek on Thursday to report that he has paid restitution to the Danville-based group, which provides counseling services to the San Ramon Valley school district and Contra Costa County as well as to private individuals. The felony embezzlement charge to which he pleaded no contest last month was thus reduced to a misdemeanor, said his attorney, Mike Markowitz.
Martin, 47, of Concord, must also do 200 hours of community service by next year; if he does so and does not violate his probation by then, the case can be dismissed.
Martin's court appearance Thursday was brief, and he didn't speak.
He was arrested after the charges were filed but has been free since posting bail shortly after that. Martin will not have to do any more jail time under the agreement, Markowitz said outside court.
Martin declined to comment, but he released a statement through his attorney.
"Mr. Martin has the utmost respect and admiration for the work that the Discovery Center does for youth and families that it serves," Markowitz said. "He regrets his actions and any harm caused to that community."
Martin had no prior criminal history, was cooperative with authorities and is a family man with wife and children, Markowitz said.

"Everyone recognizes this," Markowitz said. "Everyone recognizes that it was an unfortunate incident."
Deputy district attorney Steve Bolen said the deal allows Martin to find other work.
"He needs to be employed to pay the money back," said Bolen, adding that Martin was able to obtain the restitution money from family and friends.
Lawson Bill, Discovery's governing board treasurer, said the group was consulted on the plea agreement and feels the result is just.
"We got a lot of our money back," Bill said. He said the group has moved on with a new leader and better financial controls. He said the center's services and number of customers have not been affected.
In March, prosecutors filed against Martin four felony counts of grand theft embezzlement by a clerk, agent or servant. The charges carried an enhancement for a loss exceeding $65,000. Prosecutors accused him of spending more than $162,000 of the center's money from July 2007 to September 2010. Most of these were credit card purchases, but $21,000 was taken in cash withdrawals.
He used a company credit/debit card linked to the center's checking account for his own day-to-day expenses, as well as luxury items, prosecutors said. The charges, some as high as $1,000, included personal Pacific Gas & Electric and water bills, services for his home pool, state Department of Motor Vehicles payments, new tires for his vehicle, airline tickets for his family and accommodations in Yosemite and at Mt. Bachelor, Ore.
This past fall, the center board hired an accounting company to do an audit in response to concerns of misconduct, and Martin was fired in October.