TimesLeader.com

September 6, 2008

Tougher penalty for thefts sought

By Terrie Morgan-Besecker tmorgan@timesleader.com
Law & Order Reporter

WILKES-BARRE – The president of a local mini-football organization is calling on state legislators to sponsor a bill that would increase the penalty for those convicted of embezzling funds from profit and nonprofit groups.

Lynn Evans, president of the Wilkes-Barre Bears, said she’s pushing for changes in the law after learning a woman accused of stealing more than $24,000 from the organization will likely receive only probation if she is found guilty.

Marybeth Miller, former treasurer for the Bears, was charged July 11 with pilfering money from various fundraisers and concession stand sales starting in 2003 or 2004. Police say she admitted taking $11,000, but an audit shows $24,296 is missing.

Evans said the loss nearly forced the team to cancel the 2006 season, but donations from the community prevented that. She assumed the person responsible would see jail time, only to learn the sentence will likely be probation because it’s believed it is the defendant’s first offense.

“If you rob a convenience store, you’re going to jail. But you can steal from a nonprofit organization or club and you get nothing. I don’t understand how that’s possible,” Evans said.

Miller, formerly known as Marybeth Snyder, is one of at least eight people who have been charged with embezzling funds from area nonprofit sports or community groups in the past few years. Another five people have been charged with stealing from county or municipal offices in that time frame.

Of the 11defendants who have been sentenced, only two – Jessica Hardy, former director of Make-A-Wish for Luzerne County, and Chris Panko, a volunteer with the American Red Cross -- have been sentenced to more than a year in prison.

One received two days in prison. The others received varying terms of probation or house arrest.

Evans said she expects Miller will be ordered to pay restitution if she is convicted. She’s doubtful the mini-football organization will recover much, if any, of the money. The group did not have a bond on Miller, Evans said, and she suspects there is little chance Miller will have the money to repay the organization.

Evans said she believes that if penalties were increased, those convicted of embezzling funds could be sentenced to work release, with their salary going toward restitution.

“I know that sounds harsh, but I had to look in the eyes of 100 kids and say, ‘We don’t know if we’re going to have a season next year,’ ” Evans said. “Things have to be changed. The only way to change is to write your congressman and state representative and say this needs to be fixed.”

State Rep. John Yudichak, D-Nanticoke, said he agrees criminal penalties should be increased. The key, however, is to provide more education so nonprofit groups know what steps to take to prevent the thefts from occurring.

Several groups within Yudichak’s district, including Plymouth Alive and several Mountain Top sports organizations, have fallen victim to theft in the past few years.

He has aided in presenting educational seminars that teach groups how to ensure they have checks and balances in place. The state Attorney General’s Office Bureau of Charitable Organizations also holds seminars.

“When you get to the penalty phase the damage has already been done,” Yudichak said. “You hope it deters it in the future, but really we need to put barriers in place so it does not occur.”

Yudichak said one of the key things is to ensure all checks written on the organization’s account require two signatures. Members of a group should also review bank statements monthly.

But groups often neglect to put those safeguards in place.

“You’re dealing with organizations that, most of the time, it’s two or three people who put all the effort in. You’re working so hard and have your own full-time job that it’s easy to get a little relaxed,” he said. “In most of these cases, when they find out someone has been stealing they can’t believe it because the person was such a hard worker.”

Eleven sentenced for embezzlement

Since 2002, at least 13 area residents have been charged with embezzling money from government offices or nonprofit organizations. Of the 11 who have been sentenced, only two received substantial jail time.

Those sentenced were:

• Ruth Ann Lyons, former Wilkes-Barre Township tax collector, sentenced in June to five to 12 months probation for stealing more than $48,000 from the office.

• Chris Panko, sentenced in June to more than four years in prison for stealing two truckloads of rakes, shovels and other items from the American Red Cross.

• Carl Salitis, sentenced in April to nine to 18 months house arrest and five years probation for stealing more than $100,000 from the county Recorder of Deeds Office.

• Jessica Hardy, sentenced in January 2007 to three to six years in prison for stealing more than $55,000 from the local chapter of Make-A-Wish.

• Robert Pritchard, sentenced in May 2007 to 12 months house arrest for stealing nearly $50,000 from the county Recorder of Deeds Office.

• Francis Klemovitch, sentenced in January 2006 to five years probation for stealing $156,619 from four Mountain Top sports leagues.

• Bruce Turner, sentenced in federal court in June 2004 to five years probation for stealing $23,932 from the Northeast Travel Soccer League.

• Richard Salerno, sentenced in June 2005 to 25 hours community service for stealing $3,800 from Plymouth Alive, a downtown merchants group.

• Amanda Robinson, sentenced in May 2005 to one year of probation for stealing $3,400 from a memorial fund dedicated to a slain friend.

• Diana Pfeiffer, sentenced in September 2003 to seven years probation for stealing more than $20,000 from ARC of Luzerne County, an agency that helps the mentally challenged.

• Arlene Kalinowski, sentenced in November 2002 to two days in prison and nearly one year of probation for stealing more than $13,000 from ARC of Luzerne County.

Terrie Morgan-Besecker, a Times Leader staff writer, may be reached at 570-829-7179