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.”
