Former deputy clerk hit with civil judgment - Coeur d'Alene Press: Political

Former deputy clerk hit with civil judgment

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Posted: Friday, August 3, 2012 12:00 am

COEUR d'ALENE - The former Kootenai County chief deputy clerk who was busted for embezzling funds from the county has been ordered in a civil judgment to repay nearly half of the money she stole.

U.S. Bankruptcy Judge Terry L. Myers ordered the civil judgment against Sandra K. Martinson, 63, of Post Falls, and her husband, according to documents filed Aug. 1.

Taxpayers of the county are now scheduled to receive $69,500 from the civil judgment, said current County Clerk Cliff Hayes. The money is in addition to the $49,000 restitution Martinson was ordered to pay when she was sentenced Oct. 31 in 1st District Court.

Martinson pleaded guilty last year to felony grand theft for stealing nearly $140,000 in county funds during a 10-year period.

She was sentenced to 90 days of local jail time, but only served 60 days for good behavior, Hayes said.

The $49,000 in restitution is to be paid at $1,000 per month, and Hayes said she's made each of her monthly payments so far. The restitution amount was the maximum allowed because of a five-year statute of limitations.

Hayes said the $69,500 will be paid off at $1,000 per month, beginning when she's paid off her restitution amount.

Neither Martinson's criminal defense attorney, Fred Loats, nor her bankruptcy attorney, Stephen B. McCrea, returned phone calls seeking comment.

Hayes said he has contacted both the Internal Revenue Service and Idaho State Tax Commission and asked that Martinson be taxed for $140,000 of unreported income.

"They won't tell me what they're doing or if they're doing anything," Hayes said.

He put in his request in May 2011.

"They won't even answer the phone," Hayes said. "I'm trying to do everything I can to recover the taxpayers' money that she took. I've exhausted my options."

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  • Enough Already posted at 10:13 am on Sun, Aug 5, 2012.

    Enough Already Posts: 205

    Martinson was never charged correctly by the powers to be. Charged under a theft statute totally bypassed Idaho Code 18-5701. Misuse of public moneys by public officers and public employees.

    The following section 18-5702 (d) In the discretion of the court, and unless otherwise prohibited by law, be ordered to apply for distribution of any retirement moneys held by any entity on behalf of the person, in order that such moneys shall be used to make restitution to the public entity or its insurer, unless other funds are otherwise available.

    This is where the guarantee and repayment should have come from since the theft was simply that of public money and this title and section was completely disregarded it appears.

    18-5702. (3) Except as otherwise provided in subsections (1) and (2) of this section, any public officer or public employee who misuses public moneys in violation of section 18-5701, Idaho Code, is guilty of a felony punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the state prison for not less than one (1) year nor more than fourteen (14) years, or by both.

    It is a hard hitting section of Idaho law specifically related to public money that is not used by our prosecutor that would help make it taboo to mess with public money but not here in Kootenai County.

  • Cdajon posted at 11:27 pm on Fri, Aug 3, 2012.

    Cdajon Posts: 436

    She shouldn't have retired and she'd still be free and have some extract money each month. The city and county are easy pickens for embezzlers.seems the fox is gaurding the hen house.

  • JonUSMC posted at 7:09 am on Fri, Aug 3, 2012.

    JonUSMC Posts: 96

    at $1000 a month for a little over 9 years. Where is the money coming from-her county retirement?

  • voxpop posted at 5:52 am on Fri, Aug 3, 2012.

    voxpop Posts: 738

    Hmmm ... red neck, right wing state calling Federal agency with no response. Hard to imagine. Maybe if Idaho's govt didn't insult everyone east of the Rockies as a left wing whack job we could get somewhere. Or better yet, keep this thieving woman in prison until everything is paid back.

  • LMYCDA posted at 4:27 am on Fri, Aug 3, 2012.

    LMYCDA Posts: 2072

    Suggestion, Deputy Hayes, send a CERTIFIED letter, return receipt requested to the IRS, then you will know for sure they received your request.

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