A parish business manager fired last summer after raising concerns to the Erie County District Attorney's Office about finances at a Catholic church in South Buffalo is now suing the parish.Marc J. Pasquale filed a complaint in State Supreme Court arguing that St. Teresa parish on Seneca Street breached its contract with him.The contract runs through 2013, and the complaint said that Pasquale is owed $105,626 in wages and benefits over the remainder of the agreement.When the parish administrator, the Rev. Fred R. Voorhes, declined to fire Pasquale in August 2009, officials with the Catholic Diocese of Buffalo stepped in and removed both Voorhes and Pasquale.Both men had raised concerns to the diocese regarding financial irregularities in the parish under a previous pastor and bookkeeper, including shredded documents and missing computer records and weekly collection sheets.Pasquale, hired in 2008 as business manager and religious education director at St. Teresa, ultimately took his concerns to the DA's office. Shortly after that, he was fired.Diocesan officials have maintained in past statements that there was no malfeasance in the parish and the timing of Pasquale's firing was unrelated to his contacting the district attorney. They have declined to elaborate on the reason for the dismissals.So far, the DA's office -- which has pursued several embezzlement cases in other Catholic parishes and schools -- hasn't lodged any charges in connection with St. Teresa Church.According to the lawsuit, Pasquale was due to earn about $22,500 in base pay, plus health benefits, in his first year on the job and was to get an annual 4 percent raise in subsequent years of the contract.
The suit for breach of contract claims Pasquale was wrongfully terminated without cause or explanation and seeks $105,626 in compensation, as well as court fees.Pasquale said in an interview that he does not wish to punish the parish and wasn't seeking punitive damages. He initially sought to sue the Diocese of Buffalo, but according to nonprofit corporate laws, the parish is considered the defendant party in the case."It wasn't my intention to hurt them in any way. I only want what I was entitled to," said Pasquale, who called his salary and benefits package "very modest.""The irony of the situation is that this was all instigated at a diocesan level and the parishioners end up being the folks left holding the bag," he added.Pasquale remains employed as director of religious education at St. Aloysius Church in Springville. He is being represented by the law firm of Mattar, D'Agostino & Gottlieb.The current pastor of St. Teresa, the Rev. James B. Cunningham, referred a call about the lawsuit to the diocese, which issued a prepared statement."Mr. Pasquale's employment was terminated, it was terminated lawfully, and he is not entitled to any further compensation," the diocese said.
A diocesan spokesman said there was no further comment.
Sunday, September 12, 2010
Ayala, California basketball booster says he's innocent of embezzlement
An Ayala High School basketball booster accused of embezzlement said in an interview Wednesday that he's innocent of criminal charges.Donald Williamson said that during his two-month stint last year as president of the booster club for the Chino Hills school's girls basketball program, he withdrew money from the club's bank account to reimburse himself for expenses incurred as president.He claims he had no "criminal intent," and didn't know he was violating club rules or the law."Whatever I was doing, I was doing for the program," said Williamson, 49. "I was hustling for the girls."Williamson's comments came after an arraignment in Chino Superior Court, in which he pleaded not guilty to two felonies filed last month by prosecutors.He faces charges of embezzlement and grand theft. Both charges allege he took more than $400.Judge Gerard S. Brown appointed the San Bernardino County Public Defender's Office to represent him after Williamson told the judge his monthly income was $221.Williamson, of Los Angeles, is next due in court Tuesday for a pre-preliminary hearing."I'm not confessing now," he said after the hearing. "I don't feel I did anything wrong. "Deputy District Attorney Steve Mitchell, the prosecutor assigned to Williamson's case, declined to respond to his comments."We'll just let the facts of the case come out at the preliminary hearing, if it gets that far," Mitchell said.In an extensive interview, Williamson described himself as a "great father" who works hard to help his daughters' sports programs. He acknowledged that he's served numerous prison terms, but he said he was honest with the basketball program about his past and no longer commits crimes."I truly regret it turned out this way," he said. Williamson said he first became involved in the booster club at Ayala in fall 2008, during his daughter's freshman year at the school. He said he's a professional chef who owns a mobile barbecue business, and he used his cooking skills to boost annual revenue at the team's snack bar from $800 to $3,800. Because of his success running the snack bar, he said other boosters encouraged him to become more involved in the club. The following season, he said he ran unopposed to become the club's president.After his election, he said the past president had debit cards made for him and the club's new treasurer allowed them to access the club's bank account. He said reimbursement rules were never explained to him. During his time as president - from October to December - Williamson said he worked for the club six days a week for six to eight hours a day. He said he received no compensation.Midway through his tenure, he moved to Inglewood. After his move, he said he drove frequently between Chino Hills and Inglewood.He said that in addition to running the snack bar, he solicited donations and sponsorships for the program. He said the club's bank account ballooned to nearly $9,000 while he was president.Williamson said he withdrew money from the account to cover his gas expenses. He recalled making three withdrawals: for $300, $200 and $40."I don't feel I've done anything wrong," Williamson said. "You gave me this position and didn't explain the position fully."Williamson said he resigned the position in December after the club's board members questioned the way he handled the club's finances.In arguing his innocence, Williamson noted that after the alleged embezzlement, there was several thousand dollars left in the account."If I steal something, I'm gonna go all out," he said.He said he isn't open to a plea bargain, and he wants to take his case to trial."I just want to show the jury and the court that there's no criminal intent," he said.
Schoeneck, Pennsylvania Moravian Church treasurer charged with theft intended to pay back money, according to attorney
The Schoeneck Moravian Church treasurer charged with stealing almost $116,000 from his church over three years was financially struggling and hoped to make enough money investing the stolen cash to pay off the church's mortgage, his defense attorney said today.Dennis J. Solt, 60, of the 4600 block of Hillview Drive in Lower Nazareth Township, was charged in connection with the thefts Thursday. He is free after posting 10 percent of his $25,000 bail.Solt, who has no prior criminal record, has already repaid $40,000 of the money and regrets his actions, his defense attorney Gail Marr said."He is very remorseful about the situation and never intended for it to happen," Marr said.Solt's business tanked, he was struggling financially and he started using the money to help fund his day trading, she said. He intended on making a profit off the investments and paying back the money but it got out of hand, Marr said."He planned to return it and pay off the mortgage for the church property itself," Marr said. "He never intended to take money and keep it. It was always a matter of trying to increase it and return it."The Upper Nazareth Township church discovered the thefts during an in-house audit in February, said church attorney Richard Santee, who serves as legal counsel for the Moravian Church.Solt was immediately relieved of his duties and Santee contacted District Attorney John Morganelli to investigate. Before an audit was completed, Solt asked for a meeting with church officials and admitted to the thefts and promised restitution, Santee said.Marr said her client isn't contesting the charges against him but may disagree with the amount of money the church says is missing.In May a certified public accountant audited the church accounts and found Solt had issued 188 bank drafts to himself and recorded them as payments to a variety of people or businesses, according to court records. Solt was the church treasurer when the thefts occurred between Jan. 1, 2007, and Feb. 4, records say.The congregation, which has about 400 adult members, wrestled with the situation, Santee said."It is a very difficult time. The church continues to be sympathetic to Mr. Solt and his family," Santee said. "On the other hand, we live in the real world and those who are in leadership in the church have a fiduciary responsibility. I think they have done their best to walk that tightrope between the sensibility of mercy and forgiveness and being accountable."Santee noted he is not a member of the church but he believes the stolen money represents a significant piece of its annual budget. The church responded to the problem, members have rolled up their sleeves and gone back to work, Santee said.Officials are exploring whether insurance could cover the loss, he said. The church did require two signatures on checks as a safeguard, but there was a threshold Solt managed to circumvent, Santee said.Solt is charged with two counts of theft and a single count of receiving stolen property — third-degree felonies — and misapplication of entrusted property, a second-degree misdemeanor.
Kennedy, Minn., woman sentenced for church theft
A woman who admitted to stealing nearly $30,000 from the Maria Lutheran Church in Kennedy, Minn., was sentenced today to 30 days in jail and 10 years of supervised probation. Margie Holmgren, who was the treasurer of the church, was ordered to pay back the money she embezzled, said Kittson County Deputy Mark Wilwant who attended today's hearing.Holmgren, 48, of Kennedy, will serve her jail time in installments over the course of three years, Wilwant said. Holmgren was charged April 2 with three counts of felony theft. She later reached a plea agreement that called for her to be sentenced on one count and receive a stay of adjudication on the other two counts for 10 years.
A pastor accused of stealing more than $1 million from his former Ohio church took the stand on September 2, 2010 to testify in his defense.
A pastor accused of stealing more than $1 million from his former church took the stand on Thursday morning to testify in his defense.David Thompson was the former pastor of The World of Pentecost Church on East Main Street, 10TV's Tanisha Mallett reported.Prosecutors said between 1998 and 2007, Thompson falsified tax records and stole money from the church to use for his own personal expenses.Thompson testified that he used money from the church's building fund for his lifestyle, but said it mostly went to run the church. Thompson said he had the authority to use the funds."I felt as the pastor and as the overseer I was mandated first and foremost from God and also from the bylaws that I was to take care of the welfare of the church, and I put more emphasis on the people versus a building," Thompson said. Prosecutors said Thompson handled two funds at the church: the building fund, which was money for maintaining the church and the assistance fund, made up of tithes and offerings from the congregation, which was the only funding source to be used for his salary.Prosecutors allege that Thompson co-mingled those accounts and used them all for himself. "I did not take building fund money out from the building fund and spend it on myself," he said. Thompson said that between 1998 and 2007 he spent tens of thousands of dollars on personal items, including four cars, private school for his children, and a boat and a pool for his house but said his spending adhered to the church's bylaws.He admitted on the stand that he drained the church of all its money and he apologized. "To this day I'm still very, very, sorry," Thompson said. If found guilty, Thompson faces up to 87 years in prison.
Dade City, Florida pastor pleads guilty in embezzlement case
A Dade City pastor is accused of embezzling more than $800,000 from a union investment fund he managed and funneling at least some of the money to his church.Gregory Sims, 38, pleaded guilty in federal court this week to theft or embezzlement of an employee benefit plan. The charge carries a possible five-year prison sentence, though Sims' plea agreement emphasizes repaying the money he took from the International Brotherhood of Electrical Workers Local 915, based in Tampa.The plea agreement says Sims, who was pastor of Crossroads Church on Clinton Avenue, began working for a company called Antares Staffing in late 2007. Antares was a subsidiary of Medical Mutual Services LLC, which managed the IBEW's health, welfare, pension and vacation funds.Sims' responsibilities included keeping financial records, reconciling accounts and issuing checks. He worked for Antares until January 2009, when he was fired. In June of that year, the plea deal says, an audit of IBEW funds turned up 11 checks from the union's accounts to Crossroads Church totaling $813,142.17."After unlawfully diverting the money from the IBEW Fund to the Crossroads Church accounts that he controlled, Sims disbursed the embezzled IBEW Fund money for his personal benefit and for the use of his parishioners and associates," the plea agreement says.To try to hide his embezzlement, Sims manipulated the bookkeeping to show payments to entities other than Crossroads Church, the agreement says.Sims could not be reached Thursday. His attorney, David Weisbrod of Tampa, did not return a message seeking comment. A message left at the church also was not returned, and it was not known whether Sims is still affiliated with the church.The plea agreement says Sims is on the hook to repay the full amount. He will be sentenced Sept. 27.
Sentencing delayed for former Otsego, Michigan school official charged with embezzling
A former Otsego Public Schools operations director who pleaded guilty last spring to embezzling money from the district could end up with a lesser charge and a lighter sentence under an agreement reached Friday in the Allegan County Circuit Court.Thomas Matthews, 46, pleaded guilty on May 7 to one count of embezzling between $1,000 and $20,000, which is punishable by up to five years in prison and fines of up to $10,000 or three times the amount embezzled, whichever is greater.On Friday, Judge Kevin Cronin agreed to delay his sentencing of Matthews until March 25.Under the agreement, Matthews will be on probation until his sentencing. If he complies with the terms of his bond, his charge could be reduced to a misdemeanor of embezzling less than $1,000, which is punishable by up to a year in jail and two years of probation. Matthews has been free on bond since May. Allegan County Prosecutor Frederick Anderson said Matthews’ attorney, Mikel McEwen, requested the delayed sentencing. Anderson said he is satisfied with the agreement, based on Matthews’ public service and his clean record prior to the embezzlement.McEwen declined to comment. Matthews paid the full restitution of $22,916 in May. On Friday, Cronin also ordered Matthews to pay $1,748 in fines and court costs as part of the agreement. Anderson said sentencings may be delayed to within a year after a guilty plea. Matthews, who was the Otsego’s operations director before his job was eliminated in June 2009, cashed at least three checks that the district received from renting out a school bus each summer to Twin Lakes Reformed Church in Alamo Township. He told the court in May that he cashed checks that were worth a total of $22,916, dating back to 2004. Otsego Superintendent Dennis Patzer said the financial discrepancies weren’t discovered until late September 2009. Matthews was originally charged on Dec. 7 with three counts of embezzling between $1,000 and $20,000.
Subscribe to:
Posts (Atom)