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Woman gets 10 years in prison for embezzling
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More from CourtsA judge on Wednesday sentenced a woman who stole more than $1 million from the Davilyn Corp. in Oxnard to 10 years and four months in prison for five counts of grand theft and embezzlement and multiple counts of filing false income tax returns.
Ventura County Superior Court Judge Bruce Clark also ordered Michelle Diane Garcia to pay more than $1 million in restitution to the Davilyn Corp. and David Kasper, the owner of Davilyn, a major supplier of factory replacement spare parts to the U.S. military.
Clark gave Garcia credit for about a year and a half of good-behavior time and actual time served behind bars since her arrest.
Senior Deputy District Attorney Chris Harman said Garcia must serve 50 percent of her prison sentence.
He said this case should send a message to people who operate on trust.
"The message to potential victims is that you can't operate on trust," Harman said. "This woman preyed on the trust of her employer and put him near financial ruin."
Garcia's lawyer, Richard Hanawalt, said Garcia was tempted by a lot of money.
"This is a sad case, in which, once again, the temptations of taking money were overwhelming. The nature of the type of business she was in was one which rewards were being granted. Money was being thrown around," Hanawalt said.
"Nevertheless, that's no excuse for the taking of the money."
Hanawalt said the penalties against his client were high.
"But I do feel that we have salvaged, hopefully, a person who can have some light at the end of the tunnel when she gets out."
Harman said Garcia was convicted of a misdemeanor in 1986 for embezzling from a company where she worked. In 1996, she was convicted of a felony, stealing $10,000 from another employer.
"She didn't go to prison. She was put on probation and did it again," Harman said.
The thefts and forgery took place over a five-year period, according to prosecutors.
Garcia had "unfettered access" to all of Davilyn's business and financial records, along with the personal records of Kasper, Davilyn's sole shareholder. Garcia also had access to the retirement plan maintained by Davilyn.
Posted by mIssSIdekIck on July 10, 2008 at 9:13 a.m. (Suggest removal)
dAmmm she wAs oN a rOLL.... Wow 10years is a lonng time....tOtally s*cks for her!!
Posted by SUNNY on July 10, 2008 at 10:17 a.m. (Suggest removal)
she'll do less than 5!
Posted by JohnGC on July 10, 2008 at 11:24 a.m. (Suggest removal)
SUNNY: "she'll do less than 5!"
And with 1.5 done already, she will be out in 3.5. Worse, they may spring her as she is non-violent. Probably coming to a company near you pretty quickly.
Posted by richard on July 10, 2008 at 1:42 p.m. (Suggest removal)
After she is released from prison, in less than 5 years, if any company should hire her to work on finances, I would say shame on the employer since she's got a criminal record in committing the same type of crimes. They should know better, like the saying goes 'playing with fire....'
Posted by pific on July 10, 2008 at 3:53 p.m. (Suggest removal)
Does crime pay in Oxnard??? Hmmmm lets do the math: It's a ten year sentence, with good behavior she will probably do less than half. The estimated take was about one million, divided by five. You figure the rest. Not bad. Only in Oxnard!!!!
Posted by BorderCrossedMe on July 10, 2008 at 5:15 p.m. (Suggest removal)
Richard, I 100% agree with you. Why didn't any of her employers do a background check. It seems like you can't trust anyone these days. SAD!
Posted by OhNo on July 11, 2008 at 2:33 p.m. (Suggest removal)
pific: It wouldn't be too bad if she didn't have to pay more than $1 million in restitution =/ .... =)
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