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Sunday, April 8, 2012

Pennsylvania: Escaping Culpability?



The Gambling Industry loudly proclaims that they are working for 'Responsible Gambling,' whatever that is. They conduct these phony training sessions to instruct their employees to spot 'Gambling Addicts,' yet no one has ever testified that they have been approached about their Gambling Addiction. There is no witness to the efficacy of these phony claims.

The list of categories on the right side is far too long, yet the time has come to add two additional categories that should be tracked -

1. The phony claims of the Gambling Industry should be tracked. This Gambling Addict used her employer's credit card to book rooms. Where's the culpability? We'll just call that 'phony claims.'

2. In neither article was the Slot Barn(s) named. The media is protecting a venue that ignored a patron's inability to fund her addiction. Let's acknowledge that the Slot Barn is tracking your play, performance and expenditures. They know all about you. They also know you can't afford to spend the embezzled funds. We'll just call that 'Concealed.'

In neither of the blogs below was the venue named --

Casino Watch Focus

Fraud Talk

Former York Symphony Orchestra employee pleads guilty to stealing $200,000
By JAMIE McCUNE
For the Daily Record/Sunday News

A former York Symphony Orchestra employee admitted in court Wednesday to stealing more than $200,000 from the symphony to cover her gambling addiction.
Phyllis A. Shoff, 56, of New Cumberland, will serve 9 to 23 months in York County Prison, followed by 10 years' probation for theft and access-device fraud.

"I wrote them to myself to cover my gambling debts, and so my family wouldn't know," a tearful Shoff said Wednesday as she confessed to using the symphony's checkbook to write checks to herself that covered food, bills and hotel rooms for casino trips.

During her eight years as office manager, Shoff wrote checks to herself and to the name "Phyllis A. LoPresti" totaling almost $150,000. She also used two credit cards and a local bank card - meant to purchase symphony supplies - for bills and gambling expenses. Those charges totaled almost $70,000.

Shoff must pay $177,967.85 in restitution to Federal Insurance Co., the company that insures the YSO. Additionally, she will pay $42,994.78 to the YSO for the amount not covered by insurance.

"I'm satisfied with it," said Henry Nixon, former executive director of the symphony, who first alerted police to the theft. "When something like this happens, it's very personal."

Nixon, who attended Wednesday's hearing, said Shoff's sentence met his main criteria of seeing her serve jail time and preventing her from being able to steal from an employer again.

"That was critical to me. She's never going to be able to hold a job where she can handle money. That gives me a lot of satisfaction," Nixon said.

Shoff had no comment after the trial.

"It is what it is. It's what you heard in the courtroom," said James Rader, Shoff's public defender.

Nixon said the thefts did not affect the symphony's programs.

Symphony treasurer Jolleen Biesecker provided a victim impact statement during Shoff's hearing.

"There will likely be donors that never return. Ultimately, we had people trust us with their money, and it was stolen from us," the statement reads. "Phyllis's actions have caused some of our volunteers to become disillusioned as well as wary about continuing to work to raise money for an organization whose employee was able to do what was done."

Judge Gregory Snyder rejected an initial plea deal that required Shoff to serve only 3 to 23 months in prison, followed by probation. The original plea took into consideration Shoff's medical condition and gambling addiction, according to the prosecution.


The full sentence
In addition to her prison term and probation, Phyllis A. Shoff will also be required to pay restitution, attend a crimes impact class and submit to any required treatment after a mental health evaluation.

If Shoff can afford to pay the monthly cost, she will be allowed to serve six of the nine months of her prison sentence on house arrest.

Shoff is to report to York County Prison on April 26.


Former YSO office manager embezzled $221K and gambled it away
ELIZABETH EVANS The York Dispatch



The guilty plea of York Symphony Orchestra's former office manager -- who embezzled more than $200,000 from the orchestra -- almost didn't happen.

Phyllis (LoPresti) Shoff, 56, of the Travel Inn, 300 Commerce Drive in New Cumberland, appeared before Common Pleas Judge Gregory M. Snyder Wednesday morning.

Senior deputy prosecutor Justin Kobeski informed the judge the plea agreement called for Shoff to serve three months in county prison, followed by 10 years of probation.

Shoff embezzled the money over a seven-year period to support her gambling addiction, Kobeski told the judge, and suffers from unspecified medical conditions.

"Somebody is going to have to convince me ... that this deal is appropriate," Snyder said. "There are a lot of people who steal money for a lot of reasons. ... I understand the defendant may have medical conditions but, quite frankly, that didn't stop her from committing serious crimes."

New deal: Kobeski and public defender James Rader spoke privately, then went back to the judge with a new plea agreement that added six months of house arrest.

Snyder accepted Shoff's guilty plea to two counts of each of theft and access-device fraud, all third-degree felonies.

He sentenced her to the agreed-upon punishment: nine to 23 months in York County Prison, followed by 10 years of probation, plus a mental-health evaluation and possible counseling. She must also attend crime-impact classes.

As part of the agreement, Shoff will spend the first three months in prison and the next six months on electronically monitored house arrest. She must pay in advance for all house-arrest costs, the judge ordered.

Restitution: She also must pay a total of $220,962.63 in restitution -- $177,967.85 to Federal Insurance Co., which reimbursed the orchestra for that amount of stolen money, and $42,994.78 to the orchestra itself, for losses not covered by its insurance.

From July 2004 to April 2007, Shoff wrote herself checks from the orchestra account to gamble and pay personal bills, and used orchestra credit cards to pay bills and for hotel rooms during her casino visits.

"I was the office manager and I paid the bills. ... I wrote myself the checks to myself to cover my gambling ... so my family wouldn't know," she said.

Asked by Snyder where the money went, Shoff said, "I gambled it."

The judge granted a defense request to allow Shoff to remain free for three weeks, so her attorney could consult with prison officials about her medical conditions. She must report to prison on April 26.

Shoff declined comment as she left the courtroom.

"It is a sad case for everybody involved, except perhaps for the casinos that she frequented," said Rader, her defense attorney. "It shows that gambling can evolve into a serious addiction just like any other addiction that results in harmful and negative consequences."

Satisfied: York Symphony Orchestra treasurer Jolleen Biesecker said the symphony is satisfied with the plea agreement. She said the orchestra's primary goal was to ensure Shoff could never embezzle again.

Biesecker said the orchestra's administrative arm has been revamped to ensure no one can steal from the organization again. The revamping has also cut costs, she said.

In a written victim-impact statement, Biesecker wrote there is no way to measure the impact of Shoff's crimes:

"The Symphony's 79-year reputation of being good stewards of the public's generosity was violated. There will likely be donors that NEVER return. Ultimately, we had people trust us with their money, and it was stolen from us."

YSO 'doing well': Henry Nixon, who was the orchestra's executive director until retiring Sept. 1, said YSO has paid its credit-card companies the nearly $43,000 not covered by insurance, and did so without programming being affected.

He said the orchestra is "doing well" financially.

During the hearing, Snyder noted his own connection to the orchestra.

"My father was a member of York Symphony Orchestra for probably 40 years, as a musician," and also served on its board, the judge said.



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