Court Issues Final Orders in Theft/Fraud Case
Court allows third-party claimant to take $4,050.00
from the $43,000.00 deposited with the court by defendant Jacque Nelson
for restitution to the Bouse School District.
Parker, AZ - On Friday, February 6, 2015 Superior Court Judge Robert C. Olson issued the final orders in State v. Nelson. The Judge ordered the distribution of the remaining $38,950.00 and vacated the final restitution hearing set for later this month. The court ordered that the school district be paid in full from the sum previously deposited by Ms. Jacque Nelson. The Court also ordered that the remainder of the $43,000.00 be paid to the insurance company as partial reimbursement, with the remainder to be paid in monthly installments when Nelson is released from prison.
Ms. Nelson was convicted of two crimes against the Bouse Elementary School District pursuant to a plea agreement negotiated by County Attorney Tony Rogers, who said Nelson wrote herself checks from the District's funds. For the crime of theft she will serve 1.5 years in the Arizona State Department of Corrections. For the crime of fraudulent schemes, a class 2 felony, she will serve 7 years of supervised “White Collar” probation to follow her release from prison.
White Collar Probation is a strict program which requires that the probation department monitor all aspects of Ms. Nelson’s financial dealings. She is prohibited from incurring new debts without permission and from gambling. In addition she is required to submit to a review of all her accounting records. Ms. Nelson is also required to release information for all banking accounts and tax returns, not open new checking accounts, provide proof of all household income and pay a minimum of 10% of that household income toward restitution to the victims. She must also notify any employer of this conviction.
Violation of this probation could result in an additional prison sentence of up to 12.5 years.
As part of the plea agreement Ms. Nelson deposited with the court clerk $43,000.00 for restitution to the victims, to be distributed between Bouse School District and their insurer, who had already covered the school’s losses in part.
County Attorney, Tony Rogers stated: “The plea agreement was structured to provide justice, community safety, and restitution, compensating the Bouse School District for all of its financial losses, including nearly $20,000.00 for the cost of the forensic accounting and investigation into the theft.”
The Judgment, Sentencing, and Distribution Hearings were held on Friday January 9, 2015. During those proceedings several individuals claiming to be victims of Ms. Nelson described their losses to the court. The Judge found one individual had a colorable claim on the funds Ms. Nelson had deposited with the court for restitution to the school. The court awarded Mr. Kirk Wilson $4,050.00.
County Attorney Tony Rogers states “This was Ms. Nelson’s first criminal conviction. While prison is not the norm for a first time conviction, this case was unique due to the number and severity of the offenses and victims discovered during the investigation. The seven years of White Collar probation following her incarceration insures that the community will be protected from future financial crimes by Ms. Nelson through close monitoring of her financial dealings. And finally, the prison sentence sends the right message, that perpetrators of financial crime will be held accountable in La Paz County.”