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In Case Where Employee Abused Her Position to Embezzle Substantial Funds, Modification of Sentence Was Denied

In a recent criminal law matter, the Sentence Review Division (Division) of the Superior Court of Connecticut affirmed the sentence of a petitioner who stole money from her employer.

In this case, the petitioner had a criminal history involving embezzlement, larceny, forgery, and substance abuse. Despite knowledge of this past, the director of a non-profit organization hired the petitioner as its bookkeeper and office manager to give her a chance at an honest living. In this position, the petitioner had “unfettered access” to financial accounts belonging to the organization and director. Subsequently, various employees at the organization complained they were not being timely paid, and the director discovered not just an IRS tax lien on the organization’s assets, but a $20,000 unauthorized withdrawal from her personal account. Police investigated these financial irregularities and questioned the petitioner, and found that she had stolen at least $134,000.

At trial for larceny in the first degree, the defendant entered into a guilty plea. She asked that her sentence be fully suspended and she be allowed to participate in an alternative to incarceration plan, but the court instead imposed twelve years of incarceration. The petitioner sought downward modification, arguing that her sentence was inappropriate and disproportionate compared to those who committed similar crimes. She asserted that she “cooperated with the police investigation, [was] contrite, willing to make restitution and was employed at the time of sentencing.”

The State opposed modification due to the defendant’s history of committing similar crimes. It noted how the defendant embezzled funds from a former employer, for which she received a five-year suspended sentence, and then violated her probation. The organization’s director also objected, stating that the sentence was proper because the petitioner “abused her position of trust, is unrepentant, and has caused a great deal of suffering.” The Division declined to reduce the sentence, finding that under applicable statutes, it was neither inappropriate nor disproportionate. Indeed, the twelve-year sentence was within the parameters of the guilty plea, and the Division agreed with the trial court that “[i]t would stand justice on its head if I were to give you another suspended sentence after you already had one.”

When faced with a charge of larceny, an individual is best served by consulting with an experienced criminal law practitioner. Should you have any questions regarding criminal defense, please do not hesitate to contact Attorney Joseph C. Maya in the firm’s Westport office in Fairfield County at 203-221-3100 or at JMaya@Mayalaw.com.

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