Posts Tagged trial for embezzlement from fire district

Palos Fire Protection District initiates arrests for theft (more)

Excerpts from the ChicagoTribune.com:

A Cook County judge on Wednesday acquitted a former Oak Forest deputy fire chief of criminal responsibility in connection with his wife’s embezzlement of about $350,000 from her employer.

After a three-day trial, Circuit Judge Kerry Kennedy found Charles Sopko not guilty of theft and operating a continuing financial crimes enterprise. Kennedy said he was not completely swayed by the prosecution’s argument that the couple’s increased spending reflected the stolen funds and that Sopko should have known the money was not legitimate.

They presented evidence during this week’s trial that Charles and Michelle Sopko spent money on luxury vacations, cars and a mobile home and ran up expensive credit card bills for other personal expenses. While Charles Sopko may not have actively participated in the thefts, he was guilty of a crime once the money went into his bank account and he spent it, prosecutors contended.

But in announcing his verdict, Kennedy said he had a “doubt in my mind” that the Sopkos’ lifestyle was afforded largely by the embezzled money, mentioning that several family members and friends of Charles attended the trial. “There are a whole cadre of people out there who care about him. How do I know they didn’t give him some of this (stuff),” the judge said.

In his closing argument Wednesday, Assistant State’s Attorney Michael O’Malley said Sopko should have realized that his family’s spending during the period of the thefts far exceeded its annual income, which consisted of his Oak Forest Fire Department salary of about $91,000 and his wife earning about $10,000 per year. “This family survived on the pocketbook of Palos Heights taxpayers,” O’Malley said “This guy had developed a lifestyle that was well above (the family’s) means.”

But Kennedy responded, “Did the Sopko family live above their means? Show me someone who doesn’t.”

The key prosecution witness was Detective Sgt. James Hennelly, of the Cook County sheriff’s police financial crimes unit, who in great detail showed how much the Sopkos spent during the time that Michelle was stealing funds from the fire district.

Michelle Sopko was expected to testify Wednesday in her husband’s defense, saying he had no knowledge of her thefts, but she was not called nor did the defense present any evidence or testimony.

In his closing argument, defense attorney Jason Danielian said his client was not aware of the embezzlement scheme and that he should be seen as a victim of his wife’s criminal activity.

Charles Sopko, who while removed as deputy chief remains a fire lieutenant, declined to comment on the verdict. He previously turned down a plea agreement from prosecutors that would have placed him on two years’ probation — choosing instead to go to trial on charges that would have mandated prison time if he had been found guilty.

Also Wednesday, Michelle Sopko appeared for a hearing before Kennedy on her request for a reduction of her prison term, which is being served at the Decatur Correctional Center in central Illinois.

The hearing could not be conducted because she no longer has an attorney. A public defender was appointed to represent her, and the hearing was continued to September.

More on this can be found HERE.

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Palos Fire Protection District initiates arrests for theft (more)

Excerpts from the ChicagoTribune.com:

Cook County prosecutors presented evidence Tuesday that a former deputy chief for the Oak Forest Fire Department had extravagant living expenses during the time his wife was embezzling about $350,000 from the fire district where she worked.

Charles Sopko is on trial before Circuit Court Judge Kerry Kennedy at the county courthouse in Bridgeview, accused of knowing of his wife’s thefts and going along with the scheme.

Sopko should have been aware that most of the money suddenly flowing into the couples’ joint bank accounts was not legitimate, according to prosecutors. They say such knowledge is sufficient for Sopko to be guilty of the charges against him — theft and operating a continuing financial crimes enterprise.

Sopko’s wife, Michelle, is serving an eight-year prison term for embezzling the funds while she was a part-time administrative assistant for the Palos Heights Fire Protection District. She pleaded guilty and was sentenced in March.

She stole money from the fire district through 177 transactions over a 30-month period starting in May 2009 — paying herself overtime that she didn’t accrue and creating two “ghost” employees, diverting their pay into the couple’s bank accounts, according to prosecutors.

Cook County sheriff’s police Detective Sgt. James Hennelly, of the department’s financial crimes unit, resumed his testimony on Tuesday, giving a detailed account of the finances of Charles and Michelle Sopko during the time of the thefts from 2009 to 2012.

Citing records, Hennelly told the judge that the couple’s spending rose sharply during the period of the thefts. He said $19,831 was spent on nine trips that Charles Sopko took during that time period, including a cruise to Key West, Fla., and Cozumel in Mexico.

There also were other expenses for several hundred dollars at a time when the couple stayed at high-end hotels in downtown Chicago, Hennelly testified.

But defense attorney Jason Danielian got Hennelly to admit that Charles Sopko was legitimately on vacation during all those trips and that Hennelly made no effort to determine the nature of the trips.

“My client was not AWOL at any time” from his firefighter duties? Danielian asked.

“No, sir,” Hennelly responded.

Hennelly also testified about the many types of credit cards that were found in the Sopko residence on Cathleen Drive in Oak Forest at the time of their arrest in December 2013.

Assistant State’s Attorney Michael O’Malley said payments were made to those numerous credit accounts from the couples’ bank accounts where the stolen money was deposited.

Danielian tried poking holes in Hennelly’s investigative techniques, getting him to acknowledge that he never tried to verify the exact nature of the expenditures or where the money came from, beyond what was shown in the bank records.

“I couldn’t tell which items were purchased legitimately and which were not,” Hennelly said in response to one question.

Danielian also hinted that Michelle Sopko, who’s imprisoned at the Decatur Correctional Center, may have forged Charles’ signature on some documents. Hennelly said investigators had not obtained a handwriting analysis of the records.

Hennelly’s testimony took up all of Tuesday afternoon, and he is expected to resume testimony Wednesday afternoon. O’Malley has said prosecutors will rest their case once he is finished.

Danielian has said he plans to have Michelle Sopko testify that she controlled the family finances, and her husband knew nothing about her embezzlement scheme. She is expected to appear in court Wednesday afternoon.

Also from the ChicagoTribune.com:

Cook County prosecutors on Monday described a former Oak Forest deputy fire chief and his wife as a “criminal organization” for allegedly embezzling about $350,000 from the Palos Heights Fire Protection District.

Assistant State’s Attorney Michael O’Malley so characterized the couple during his opening statement in the trial of Charles Sopko at the county courthouse in Bridgeview.

O’Malley said Monday that Charles Sopko is equally guilty in the embezzlement scheme because he knowingly went along and spent the hundreds of thousands of dollars — money that he should have suspected was improperly gained.

Charles Sopko “is half of a criminal organization known as the Sopko family,” O’Malley told the judge.

Detective Sgt. James Hennelly, of the Cook County sheriff’s police financial crimes unit, testified Monday that Michelle Sopko had $396,300 placed via direct deposit into her bank account during those 30 months as salary for her working two or three days per week for the fire district.

In reality, Hennelly said, she should have received only $41,602 during that period for her work, which included handling the district’s payroll.

Hennelly said money from the couple’s salaries was sent by direct deposit into a bank account in both of their names, and the extra money stolen by Michelle Sopko was then transferred to an account in Charles Sopko’s name.

Danielian insisted Monday that his client was innocent of wrongdoing. At one point, he got Palos Heights fire Chief Timothy Sarhage to say that when the fire district sued to recover the rest of the stolen funds, the lawsuit was filed against Michelle Sopko and Andy Zilis (an accountant who oversaw her work) but not against Charles Sopko.

Charles Sopko has contended since he and his wife were arrested in December 2013 that he was unaware of the embezzlement, saying his wife handled the family’s finances.

But O’Malley scoffed at that Monday, telling the judge that because of his management position in the city fire department, Sopko would have had to realize that his wife couldn’t possibly be earning such a large sum from part-time work for the fire district.

“The defendant would have to be brain-dead to not know what was going on,” he said, adding that Charles Sopko “is not brain-dead, he’s just a thief.”

Family members of Michelle Sopko have agreed to pay back $120,000 to the fire district to settle its lawsuit against her to recover the stolen funds.

thanks Dan

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Palos Fire Protection District initiates arrests for theft (more)

Excerpts from the ChicagoTribune.com:

A Cook County judge will decide whether a former Oak Forest deputy fire chief schemed with his wife to embezzle about $352,000 from the Palos Heights Fire Protection District.

At a hearing Tuesday for Charles Sopko, Circuit Court Judge Kerry Kennedy set a trial date of July 20 at the county courthouse in Bridgeview. He is charged with felony theft of more than $100,000 in government property.

Sopko and his wife are accused of conspiring to steal the money over a 30-month period from 2009 through 2012 from the fire district, where she worked — paying herself overtime that she didn’t accrue and wasn’t eligible to receive. Prosecutors said she manipulated payroll and accounts payable systems to divert district funds into the couple’s bank account, with the stolen money going for food, clothing, mortgage payments, home repairs and travel.

The couple was arrested in December 2013. Charles Sopko, 48, was a deputy fire chief at the time but was later removed from that position. He still holds the rank of lieutenant in the fire department and has been on paid leave from that job since his arrest.

Michelle Sopko has insisted that her husband didn’t know about the stolen money, a claim that was echoed by her sister, who said Michelle handled all of the finances in the household.

Michelle was fired from the Palos Heights fire district in December 2012 after the fire chief discovered that she had signed the district treasurer’s name on a check without the treasurer’s knowledge or consent. The chief asked Cook County Sheriff Tom Dart’s office to investigate financial irregularities, which resulted in the charges against the couple.

Incarcerated at the Decatur Correctional Center, Michelle Sopko is seeking a reduction of her sentence, and Kennedy is scheduled to hear the request July 22. She is eligible for day-for-day good time that would potentially cut her sentence in half, and her projected parole date is in February 2019, according to the Illinois Department of Corrections.

Previous post on this topic are HERE, HERE, HERE, and HERE.

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