A treasurer was convicted and sentenced today for embezzling over $110,000 from church bank accounts. Fiatala Manu, 47, Lake Elsinore, pleaded guilty to one felony count each of embezzlement by fiduciary of trust, money laundering, falsifying records, and sentencing enhancements for property loss over $65,000. He was sentenced to one year in jail, two years of mandatory supervision, and was ordered to pay over $113,000 in restitution.
Between October 2011 and August 2012, Manu was a member of the First Samoan Christian Congregational Church in Santa Ana and served as an interim treasurer. The defendant was responsible for handling the church’s financial accounts, which included paying the bills.
Manu embezzled approximately $113,000 from the church by making unauthorized cash withdrawals, writing checks payable to himself, and transferring funds from the church bank accounts into his personal bank account. The defendant embezzled $96,000 solely from a deposit account set aside to build a new church. Manu also laundered the embezzled funds deposited into his personal bank account through cash withdrawal transactions and purchases made at an Indian gaming casino.
The defendant attended monthly church meetings and reported false financial reports, which included reporting false balances and funds in the church bank accounts.
In July 2012, an assistant treasurer was assigned to monitor various church accounts and learned that the account for the church building fund was closed in April 2012 with a zero balance. The discrepancy in funds was reported to the Santa Ana Police Department, who investigated this case and arrested the defendant on July 29, 2013.
Deputy District Attorney Chuck Lawhorn of the White Collar Crime Team prosecuted this case.
Thursday, November 28, 2013
Osage County DA disputes tribal immunity claim by ex-football coach in embezzlement case in Oklahoma
The Native American pedigree of former football coach Scotty Ray Gilkey was questioned earlier this week at a district court hearing in which Gilkey seeks dismissal of embezzlement charges filed against him and his wife over fundraising efforts during his 2012 tenure as Pawhuska High School head coach.
The ex-coach testified Tuesday in connection with a defense motion that asks for the charges to be dropped due to lack of jurisdiction by Osage County courts. From the witness stand, Gilkey produced a Certificate of Degree of Indian Blood (CDIB) which indicates that he is one-quarter Pawnee Indian.
In addition to disputing the facts of the alleged crimes, the defense contends that the State of Oklahoma court system does not have jurisdiction in the case because the charges involve incidents that occurred on Indian land. Generally, crimes committed by an Indian on restricted Indian property are subject to federal prosecution.
District Attorney Rex Duncan disputed the Indian immunity claim made by Gilkey. Duncan said such a claim is only valid for actual Indian citizens and certified tribal members. The district attorney argued that the CDIB is not sufficient to prove tribal citizenship, which he said is required to support Gilkey’s motion.
“Citizenship is a political matter within the different tribal communities,” said Duncan, adding: “Mr. Gilkey is not and was not a member of an Indian tribe.”
The district attorney said Gilkey does not have a tribal membership number. He pointed out that the number on the Gilkey CDIB actually is a (Dawes) Roll number of a deceased Pawnee citizen who was a grandfather of the former football coach.
“It is simply a tracking number that is used in probate (court) to track assets of tribal members,” said Duncan.
Testimony by Gilkey indicated that his mother is one-half Pawnee and that he receives quarterly payments from the tribe and owns tribal property as a descendant of his Pawnee grandfather. He said he recently has resumed a tribal-membership application process that he had begun several years previously.
“I didn’t just become a Pawnee,” Gilkey said following the hearing. “I’ve been Pawnee my whole life.”
Gilkey also testified that he was not personally involved with operating a fireworks stand involved in the felony embezzlement case against him. The 38-year-old PHS graduate is accused of fraudulently appropriating proceeds from the fireworks stand in the summer of 2012. Gilkey said the stand was run by his wife and other family members.
The owner of the property on which fireworks stand was located, Paul Mays, testified at the hearing that the fireworks stand was operated by Jennifer Gilkey and her daughter. When questioned by the DA, Mays said he was unaware that the fireworks were being sold to raise funds for school sports programs.
Defense attorney Aletia Timmons attempted to introduce evidence that revenue from the fireworks stand did not even belong to the Pawhuska Public Schools, as claimed in the charges.
“There is no evidence in this case that there is a victim at all, let alone a non-Indian victim on Indian land,” Timmons said.
Gilkey served as PHS head coach for less than six months before being suspended last November by Pawhuska Schools Superintendent Dr. Landon Berry. His suspension came four days before the Huskies’ lost a first-round game in the state football playoffs. Gilkey’s coaching contract expired at the end of the 2012-13 school year.
At the request of the school district’s, an investigation of school finances was conducted late last year by the Osage County Sheriff’s Office. Embezzlement charges were filed against the Gilkeys on May 29.
A felony charge alleges the coach took more than $2,500 “which were proceeds from the Pawhuska Football Firework Stand, belonging to Pawhuska Public Schools and which had been entrusted to (him) for the benefit of Pawhuska Public Schools.”
Gilkey and his wife also are charged with seven counts of embezzlement involving personal checks from Pawhuska school patrons. The payments supposedly were intended for the school district but allegedly were deposited in personal accounts of the Gilkeys.
Osage County Special District Judge Stuart Tate set a Dec. 6 deadline for Timmons to provide a legal brief to support the motion for dismissal. Tate asked Duncan to respond to the defense filing by Jan. 3, 2014. The judge scheduled resumption of the motion hearing at 9 a.m. on Jan. 17.
Since his arrests in August, Gilkey has been free on appearance bonds totalling $4,000. Jennifer Gilkey was released on a $1,500 bond for the misdemeanor charge.
- See more at: http://examiner-enterprise.com/news/local-news/osage-county-da-disputes-tribal-immunity-claim-ex-football-coach#sthash.VZADp1PB.dpuf
The ex-coach testified Tuesday in connection with a defense motion that asks for the charges to be dropped due to lack of jurisdiction by Osage County courts. From the witness stand, Gilkey produced a Certificate of Degree of Indian Blood (CDIB) which indicates that he is one-quarter Pawnee Indian.
In addition to disputing the facts of the alleged crimes, the defense contends that the State of Oklahoma court system does not have jurisdiction in the case because the charges involve incidents that occurred on Indian land. Generally, crimes committed by an Indian on restricted Indian property are subject to federal prosecution.
District Attorney Rex Duncan disputed the Indian immunity claim made by Gilkey. Duncan said such a claim is only valid for actual Indian citizens and certified tribal members. The district attorney argued that the CDIB is not sufficient to prove tribal citizenship, which he said is required to support Gilkey’s motion.
“Citizenship is a political matter within the different tribal communities,” said Duncan, adding: “Mr. Gilkey is not and was not a member of an Indian tribe.”
The district attorney said Gilkey does not have a tribal membership number. He pointed out that the number on the Gilkey CDIB actually is a (Dawes) Roll number of a deceased Pawnee citizen who was a grandfather of the former football coach.
“It is simply a tracking number that is used in probate (court) to track assets of tribal members,” said Duncan.
Testimony by Gilkey indicated that his mother is one-half Pawnee and that he receives quarterly payments from the tribe and owns tribal property as a descendant of his Pawnee grandfather. He said he recently has resumed a tribal-membership application process that he had begun several years previously.
“I didn’t just become a Pawnee,” Gilkey said following the hearing. “I’ve been Pawnee my whole life.”
Gilkey also testified that he was not personally involved with operating a fireworks stand involved in the felony embezzlement case against him. The 38-year-old PHS graduate is accused of fraudulently appropriating proceeds from the fireworks stand in the summer of 2012. Gilkey said the stand was run by his wife and other family members.
The owner of the property on which fireworks stand was located, Paul Mays, testified at the hearing that the fireworks stand was operated by Jennifer Gilkey and her daughter. When questioned by the DA, Mays said he was unaware that the fireworks were being sold to raise funds for school sports programs.
Defense attorney Aletia Timmons attempted to introduce evidence that revenue from the fireworks stand did not even belong to the Pawhuska Public Schools, as claimed in the charges.
“There is no evidence in this case that there is a victim at all, let alone a non-Indian victim on Indian land,” Timmons said.
Gilkey served as PHS head coach for less than six months before being suspended last November by Pawhuska Schools Superintendent Dr. Landon Berry. His suspension came four days before the Huskies’ lost a first-round game in the state football playoffs. Gilkey’s coaching contract expired at the end of the 2012-13 school year.
At the request of the school district’s, an investigation of school finances was conducted late last year by the Osage County Sheriff’s Office. Embezzlement charges were filed against the Gilkeys on May 29.
A felony charge alleges the coach took more than $2,500 “which were proceeds from the Pawhuska Football Firework Stand, belonging to Pawhuska Public Schools and which had been entrusted to (him) for the benefit of Pawhuska Public Schools.”
Gilkey and his wife also are charged with seven counts of embezzlement involving personal checks from Pawhuska school patrons. The payments supposedly were intended for the school district but allegedly were deposited in personal accounts of the Gilkeys.
Osage County Special District Judge Stuart Tate set a Dec. 6 deadline for Timmons to provide a legal brief to support the motion for dismissal. Tate asked Duncan to respond to the defense filing by Jan. 3, 2014. The judge scheduled resumption of the motion hearing at 9 a.m. on Jan. 17.
Since his arrests in August, Gilkey has been free on appearance bonds totalling $4,000. Jennifer Gilkey was released on a $1,500 bond for the misdemeanor charge.
- See more at: http://examiner-enterprise.com/news/local-news/osage-county-da-disputes-tribal-immunity-claim-ex-football-coach#sthash.VZADp1PB.dpuf
Former youth minister pleads guilty in extortion-linked embezzlement in Virginia
A former youth minister who embezzled more than $87,000 from his Mechanicsville church to pay off a woman’s blackmail scheme pleaded guilty Monday in Hanover County Circuit Court.
Chris Allen Phillips, 51, who no longer holds a position at Mechanicsville Advent Christian Church, will be sentenced Feb. 24 and faces up to 20 years in prison. He remains free on bond.
Phillips paid the money to Tonya Farnsworth, 34, a Henrico County woman who offered her services online and who threatened to reveal a one-time sexual relationship with Phillips if he didn’t meet her demands for money.
In the weeks after the brief tryst at Farnsworth’s Henrico residence Dec. 22 last year, the church and its day care facility lost more than $87,000, according to Senior Assistant Commonwealth’s Attorney Angela O’Connor. Phillips also used about $75,000 of his own family’s money to make payments to Farnsworth.
At one point, O’Connor said, Phillips took control of the church’s day care checkbook.
On almost a daily basis, Phillips placed tens of thousands of dollars into a black Lincoln Navigator parked near Farnsworth’s home on West End Drive in Henrico after Farnsworth threatened to make public pictures she claimed to have, O’Connor said in court.
Phillips located Farnsworth, who went by Tammy, online and paid $200 for sexual favors at her home, only to have Farnsworth reach him days later to falsely accuse him of stealing some $500 from the home.
When Phillips denied taking money, Farnsworth threatened to publish pictures of him with her if he didn’t pay her.
Farnsworth pleaded guilty to extortion in October and is awaiting sentencing. She could get up to 10 years in prison.
Investigators recovered hundreds of pages of texts from Farnsworth’s cellphone, and defense lawyer Craig Cooley said yesterday that Farnsworth allegedly had at least two other victims.
Chris Allen Phillips, 51, who no longer holds a position at Mechanicsville Advent Christian Church, will be sentenced Feb. 24 and faces up to 20 years in prison. He remains free on bond.
Phillips paid the money to Tonya Farnsworth, 34, a Henrico County woman who offered her services online and who threatened to reveal a one-time sexual relationship with Phillips if he didn’t meet her demands for money.
In the weeks after the brief tryst at Farnsworth’s Henrico residence Dec. 22 last year, the church and its day care facility lost more than $87,000, according to Senior Assistant Commonwealth’s Attorney Angela O’Connor. Phillips also used about $75,000 of his own family’s money to make payments to Farnsworth.
At one point, O’Connor said, Phillips took control of the church’s day care checkbook.
On almost a daily basis, Phillips placed tens of thousands of dollars into a black Lincoln Navigator parked near Farnsworth’s home on West End Drive in Henrico after Farnsworth threatened to make public pictures she claimed to have, O’Connor said in court.
Phillips located Farnsworth, who went by Tammy, online and paid $200 for sexual favors at her home, only to have Farnsworth reach him days later to falsely accuse him of stealing some $500 from the home.
When Phillips denied taking money, Farnsworth threatened to publish pictures of him with her if he didn’t pay her.
Farnsworth pleaded guilty to extortion in October and is awaiting sentencing. She could get up to 10 years in prison.
Investigators recovered hundreds of pages of texts from Farnsworth’s cellphone, and defense lawyer Craig Cooley said yesterday that Farnsworth allegedly had at least two other victims.
Former Colton youth baseball league president jailed in embezzlement case in Pennsylvania
Colton police on Monday arrested the former president of the Colton Pony Baseball League on suspicion of embezzling from the league’s funds.
Police said Matthew James Hernandez, 40, of Colton stole more than $900 while he was president of the league from November 2012 to February 2013.
Police had been investigating unauthorized withdrawals made from the league’s account and conducted an audit. When Hernandez came to the Colton Police Department for questioning on Monday, he was taken into custody and booked into West Valley Detention Center in Rancho Cucamonga on suspicion of embezzlement and grand theft.
Police said Matthew James Hernandez, 40, of Colton stole more than $900 while he was president of the league from November 2012 to February 2013.
Police had been investigating unauthorized withdrawals made from the league’s account and conducted an audit. When Hernandez came to the Colton Police Department for questioning on Monday, he was taken into custody and booked into West Valley Detention Center in Rancho Cucamonga on suspicion of embezzlement and grand theft.
Saturday, November 23, 2013
Church member accused of embezzlement in Carter County in Tennessee
A long-time church member in Carter County has been accused of stealing more than $100,000 from his church.
Carter County Sheriff Chris Mathes said Tuesday evening that Silas Edward Sams was charged with theft over $60,000.
He was indicted this past week by a Carter County grand jury in connection with theft from Beck Mountain Baptist Church.
Members of the church approached the sheriff’s office about the missing money. Investigators looked back several years and then brought their findings to the grand jury.
Sams has since bonded out of the Carter County Jail.
Carter County Sheriff Chris Mathes said Tuesday evening that Silas Edward Sams was charged with theft over $60,000.
He was indicted this past week by a Carter County grand jury in connection with theft from Beck Mountain Baptist Church.
Members of the church approached the sheriff’s office about the missing money. Investigators looked back several years and then brought their findings to the grand jury.
Sams has since bonded out of the Carter County Jail.
Former Tulsa Public Schools athletic director sentenced to 7 months for embezzlement
A former Tulsa Public School Athletic Director who pleaded guilty to embezzlement was sentenced to seven months in prison.
Stephanie Springs attorney had asked for her to be sentenced to probation based on her personal history and positive contributions to the community.
In the end, the judge said Spring stole the money from a district and students that needed it the most.
Stephanie Spring hurried out of U.S. District Court on Wednesday after a judge handed down his sentence.
The former TPS Athlethic Director pleaded guilty to a federal embezzlement charge earlier this year.
Spring is accused of pocketing more than 180 checks over a seven year period, totaling to over $92,000, money she got by renting out the district's athletic facilities.
“We're not pleased with the idea that we've had to go through this. This has been a heart wrenching event for everyone here at TPS. It's just gut wrenching to see people with so much potential who have done so much for the school make these kinds of mistakes,” said Chief Gary Rudick with the Tulsa Public School police department.
The judge denied Spring's request for probation and instead gave her a sentence of 7 months in federal prison and three years of supervised release.
Stephanie Springs attorney had asked for her to be sentenced to probation based on her personal history and positive contributions to the community.
In the end, the judge said Spring stole the money from a district and students that needed it the most.
Stephanie Spring hurried out of U.S. District Court on Wednesday after a judge handed down his sentence.
The former TPS Athlethic Director pleaded guilty to a federal embezzlement charge earlier this year.
Spring is accused of pocketing more than 180 checks over a seven year period, totaling to over $92,000, money she got by renting out the district's athletic facilities.
“We're not pleased with the idea that we've had to go through this. This has been a heart wrenching event for everyone here at TPS. It's just gut wrenching to see people with so much potential who have done so much for the school make these kinds of mistakes,” said Chief Gary Rudick with the Tulsa Public School police department.
The judge denied Spring's request for probation and instead gave her a sentence of 7 months in federal prison and three years of supervised release.
Former secretary pleads guilty to embezzling activity fees from 2 Anchorage high schools
A former school secretary who stole more than $135,000 in East High School students' activity fees over several years has admitted to the theft, the largest in Anchorage School District history.
Gayle White, 46, entered a plea deal with state prosecutors. On Monday she pleaded guilty to second-degree theft, reduced from the original charges of first-degree theft and scheme to defraud.
White, a Wasilla resident, was working at Chugiak High School when officials discovered in 2011 she had stolen about $5,000, bit by bit, from fees students paid in cash for various school activities. The school district fired her in April 2011.
While she was on probation in that case, police learned that White had stolen much more during previous employment at East High School.
Police said White had stolen about $100,500 from 2006 to 2009 from East High when the charges were first filed. The school district said it had been the largest single incidence of theft they had ever seen.
After the Monday plea hearing, Deputy District Attorney Clint Campion said the total amount was more than $135,000, which White must pay back as restitution. White has made a $5,000 "down payment" and was ordered to pay $1,000 per month, Campion said.
White was sentenced to serve three months behind bars and may be eligible to serve that time on electronic ankle monitor, Campion said.
"She can't pay restitution if she's in jail," he said.
Gayle White, 46, entered a plea deal with state prosecutors. On Monday she pleaded guilty to second-degree theft, reduced from the original charges of first-degree theft and scheme to defraud.
White, a Wasilla resident, was working at Chugiak High School when officials discovered in 2011 she had stolen about $5,000, bit by bit, from fees students paid in cash for various school activities. The school district fired her in April 2011.
While she was on probation in that case, police learned that White had stolen much more during previous employment at East High School.
Police said White had stolen about $100,500 from 2006 to 2009 from East High when the charges were first filed. The school district said it had been the largest single incidence of theft they had ever seen.
After the Monday plea hearing, Deputy District Attorney Clint Campion said the total amount was more than $135,000, which White must pay back as restitution. White has made a $5,000 "down payment" and was ordered to pay $1,000 per month, Campion said.
White was sentenced to serve three months behind bars and may be eligible to serve that time on electronic ankle monitor, Campion said.
"She can't pay restitution if she's in jail," he said.
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