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State v. Mr. K (DMC No. 14801)

State v. Mr. K (DMC No. 14801) – Felony Embezzlement ($109,000 Misappropriated from a Non-Profit Educational Foundation), Felony Fraudulent Schemes and Felony Theft – Not Charged – Educational Foundation Investigated.

Mr. K secured his position as a Treasurer of an Arizona non-profit educational foundation. He informed them that he was a CPA, when in reality he had passed the CPA exam, but he did not have enough hours to actually receive his certification. In order to secure the position, he also informed them that he would be donating the office rent payment at approximately $1,000 a month while in that position. Again, in reality he was taking funds from the foundation’s checking account to pay those rent payments.

He held the position as Treasurer for 13 years. During that time, he misappropriated approximately $109,000 for both the office rent, and for his personal expenses. The Director, President/CEO and the Secretary began asking questions about the books being “sloppy.” Mr. K then secured our services in order to help him from being charged with any criminal activity. We contacted the Foundation and presented an accounting that showed much of the benefit was the rent paid for the Foundation’s offices. In other words, they were not actually out the benefit of the money used to pay the rent. We also showed that Mr. K’s elderly wife had various medical problems and dementia, and this placed a heavy mental toll on him. Ultimately, we were able to secure an agreement which would allow Mr. K to make a $30,000 payment over time, and no criminal charges would be sought against him. Originally, he was facing mandatory prison time due the amount of loss being above $100,000.

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