Kihei Woman Avoids Jail Time For Embezzling From Nonprofit

embezzlement case review

A Kihei woman who embezzled over $24,000 from the nonprofit Hawaii Society of Professional Engineers avoided jail time.

Client, 50, was volunteer treasurer for Hawaii Society of Professional Engineers, an organization that helps students become interested in math, science, and engineering, when she embezzled a total of $24,440 from October 19, 2012, to March 5, 2014.

Embezzlement is a unique type of theft that occurs when a defendant, who has legal access and is entrusted to manage or monitor someone else’s money or property, steals that money or property for their own personal gain.

Deputy Prosecutor Justine Hura argued that Client stole money from kids who were benefitting from the organization to pay for her own children’s college tuition.

“She was too proud to ask for a loan. But she wasn’t too proud to take this money, said Hura. “This was a selfish crime. It was her choosing her needs over the money that did not belong to her.”

Defense attorney Cary Virtue asserted that his client had no prior criminal record and had already paid back over $24,000 of the money she stole.

“Her friends are shocked she did this,” Virtue said. “She’s a hard worker. She’s an honest person. She’s trustworthy.”

Virtue also pointed out that his client was remorseful and embarrassed. At the time of the offense, she was self-employed and her business “was basically bankrupt.”

In Hawaii, embezzlement is punished according to the value or type of property stolen. Since the client embezzled over $20,000, her crime is considered theft in the first degree and is punishable by a fine of up to $25,000, up to ten years in prison, or both.

As part of a plea agreement, Second Circuit Judge Joseph Cardoza ordered the client to serve 100 hours of community service. The client is also allowed to keep the first-degree theft conviction off her record if she follows court requirements for the next five years.

The client said she took part in HSPE activities because she cared about the students, often volunteering at Math Counts events and spending 20 to 25 hours devising a Math Matters test for the students.

The client apologized in court and said she continues “to care for the students any way I can.”

“What I did, it was for personal survival. When it happened, I really tried to make sure no one would get hurt… no students would not get their scholarship money and no person who relied on HSPE would not be paid,” she said. “It doesn’t excuse what I did.”

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