Monday, March 22, 2021

Law Toughens for Embezzlers

 State Auditor Shad White issued the following statement. 

Today State Auditor Shad White announced public employees who embezzle or fraudulently obtain more than $10,000 of taxpayer money will no longer be able to participate in a pretrial diversion program. This announcement comes after Senate Bill 2552 was passed by both chambers of the Legislature and signed by the Governor.

Pretrial diversion programs have been used as a way to prevent a conviction for a crime from appearing on a person’s criminal record. When SB 2552 becomes law on July 1 this year, two of the most common crimes investigated by the State Auditor’s office will be added to the list of those crimes ineligible for pretrial diversion. This law will complement a 2019 law which prevents people convicted of embezzlement from holding public office.

“This year, at my request, the Legislature passed a bill to toughen the penalties on people who steal taxpayer dollars, and the Governor has now signed it into law,” said Auditor White. “I want to thank Rep. Nick Bain, Sen. Daniel Sparks, legislative leadership, and the Governor for their work making this bill the law of the land.”

You can read the full text of the bill by visiting the Legislature’s website.

“I will continue to work for you in holding fraudsters accountable,” White said, “but I will also work with the Legislature and the Governor to forge agreements between them and improve our laws as well.” History & text of bill.

 

14 comments:

Anonymous said...

Oh Shad!! You are the bestest ever!! I could hear God Bless America playing in the background as I read your press release.

Anonymous said...

Of course, they still get to keep their PERS.

Anonymous said...

To be fair, anything is better than nothing but why $10,000.00 and not $1.00 (or even 1 cent)? Fred embezzles $9999.99 and he is deemed worthy of lesser consequences, getting diverted, etc., but if Barney embezzles $10,000.1, he must face the same consequences as any other common thief. If anything, public officials embezzling ought to have a minimum sentence from the first dollar stolen. No "diversions," or other crap - you get indicted, you either plead that day and get 1/2 to 3/4 of the statutory minimum or go to trial and you get the statutory maximum. Make it a minimum of 30-60 days from the first dollar and 15-30 additional days for every $100 or fraction thereof stolen. I'd bet getting really serious about stopping it would, well, stop a lot of it.

I'm not sure but aren't a lot of public official indemnity bond requirements $10K?

Out in the real world, if anyone takes even a $5 bill from their employer (or customer or...), they know damned well it that it isn't theirs, they are stealing, and if caught, there will be consequences. Why aren't public officials held to AT LEAST the same standards and potential consequences?

Anonymous said...

@12:33 pm - agreed. Public employees should be held to the same standards and consequences as employees who hold private jobs. Stealing from an employer (public or private) is a violation of trust and SHOULD go on someone's record so hopefully he or she won't do it again. The amount doesn't matter.

Anonymous said...

About Fing time. White collar criminals are treated far better than petty thieves who are trying to make ends meet. Why is that?

To 12:33, I said...

There's probably a "Minimum Investigative Cost of $10,000" added to each case?

Anonymous said...

"There's probably a "Minimum Investigative Cost of $10,000" added to each case?"

The way it is written, the determining factor is the amount "fraudulently obtained" not anything else. In other words, if the thief steals $9999.99 and the investigative cost is a million dollars, the thief qualifies, but if the thief steals $10,000.01 and there is no investigative cost, the thief doesn't qualify.

In any case, I understand that a kid stealing a candy bar isn't the same as a hardened criminal robbing a liquor store, but I do not understand "severity levels" for public officials embezzling/stealing money - certainly no one can reasonably claim that they thought it was OK to embezzle any amount; they knew it was wrong and illegal to embezzle steal any amount.

Anonymous said...

@1:32 Actually, this law holds public employees to a HIGHER standard than a person in a private job. The law states anyone stealing $10,000 or more in a public office (any government employee) is ineligible for the diversion program but anyone stealing any amount, no matter how large, from a private employer is still eligible for the diversion program.

anonamouse said...

2:57 - "White collar criminals are treated far better than petty thieves who are trying to make ends meet."

IMHO petty thieves are too lazy to work.

Anonymous said...

Glad to hear this. Also, speaking from 13 yrs of Law Enforcement experience, almost no thieves are stealing to "make ends meet". It's usually to feed a habit or to get something they want but can't afford (or just don't want to spend the money on). In 5 years of Patrol I only dealt with one shoplifter taking food, and even he went for the expensive steaks.

JT said...

It stands to reason that typically a white collar crime in today’s criminal justice system seems to be a crime of greed. Whereas other crimes (not all) tend to be both greed and some form of retribution. In any case and for some stupid reason white collar crime seems cleaner. And for the most part non-violent. For all the grandstanding one would think they are the same. But actual time spent in the slammer for non-violent crime tells a much different story. Thus someone who embezzles 20k will actually do a lot less time than someone who steals a 10k car.

Bottom line with prison overcrowding and most of those in for violent crimes, some people think they may walk or do little time for just stealing a few grand from rich companies and state government. It’s not right but for the most part their right.

Anonymous said...

1:18 - You need to sit this one out.

Anonymous said...

The downfall of society is when theft is accepted. Look at Jackson’s crime and you see what happens after abandoning prosecution of theft because it’s “nonviolent”. Right and left scream we can’t lock people up for nonviolent crime. They’re both wrong. Most Homicide is a product of passion and lack of impulse control. Theft is a result of choice and planning

Anonymous said...

Michael Guest had a habit of giving diversion to embezzlers -- remember Charles Wiggins and Mint as reported by King?

Glad Shad will stop this terrible practice.


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