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Tuesday, March 25, 2014

Okun Brothers embezzler gets day in jail for stealing $169,000 from Kalamazoo shoe store




Okun Brothers embezzler gets day in jail for stealing $169,000 from Kalamazoo shoe store



KALAMAZOO, MI – Fueled in part by a gambling addiction, a Schoolcraft man stole so much money from Okun Brothers Shoes that he nearly put the well-known Kalamazoo store out of business, authorities say.
Nickolas Alan Lubrick bilked the Portage Street store – in business since 1920 -- out of almost $169,000 from April 2011 to October 2012 while he worked there, according to Kalamazoo County Circuit Court documents.

“But for the owner of this business making two cash infusions of his own money ... Okun Brothers could have easily gone out of business,” Assistant Prosecutor Michael Kanaby said Monday as Lubrick, 32, appeared for sentencing on one count of embezzlement of $100,000 or more.

Lubrick pleaded guilty to the felony embezzlement charge -- punishable by up to 20 years in prison – on Jan. 17. Prosecutors said in court documents that Lubrick stole thousands from Okun Brothers by taking cash from daily transactions at the store and replacing it with checks that were intended for payment on separate store accounts.

Outside the courtroom Monday, Kanaby said the owner of Okun Brothers began to question the store’s finances after its accounts weren’t being paid accordingly and the owner had to infuse $50,000 and then $55,000 of his own money to keep the store in the black.

“We believe it was more than just a gambling issue,” Kanaby said of what Lubrick did with the money he stole from Okun Brothers. The assistant prosecutor said Lubrick also made purchases of precious metals and vehicles.

Sentencing guidelines in Lubrick’s case called for him to serve a minimum sentence of one year to 20 months behind bars.

Johnson sentenced Lubrick to one day in jail with credit for one day served, as well as five years of probation, and ordered Lubrick to “pay each and every penny” possible of the $168,950 he owes in restitution at a rate of $1,500 per month.

In sentencing Lubrick, Johnson said he was trying to balance punishment and making Okun Brothers whole from the theft. But he also said he wanted “prison to be on the table” if Lubrick, who now has a full-time job for Coca-Cola in Grand Rapids, fails to pay restitution.

“Today, I’m going to focus on getting the victim paid,” Johnson said. “ ... If you don’t follow through, I want prison to be on the table. You need to pay each and every penny you possibly can to get this taken care of.”

Lubrick’s attorney, Becket Jones, said his client contests the amount of restitution he has been ordered to pay Okun Brothers, and planned to file a motion Monday afternoon for a hearing to determine the exact amount to be paid back.

Regardless, Jones said Lubrick is “incredibly remorseful for his actions” and last week began attending Gamblers Anonymous meetings.

“He acknowledges that he put himself in this position,” Jones said. “... Mr. Lubrick does have a gambling issue for which he has begun to seek some help.”

Jones said Lubrick, who has a wife and six children, currently has a rental property that he plans to sell and proceeds from that sale will go toward restitution.

“He understands the gravity of the situation and understands he has to pay this money back,” Jones said. “From here, he’s trying simply to make sure he can make all of the payments and not injure his family more than he already has.”

When he was given a chance to speak Monday, Lubrick apologized to Okun Brothers and to the court for his actions and told Johnson, “I know the importance of this debt and would like to pay it off as soon as possible.”

Rex Hall Jr. is a public safety reporter for the Kalamazoo Gazette. You can reach him at rhall2@mlive.com. Follow him on Twitter.


http://www.mlive.com/news/kalamazoo/index.ssf/2014/03/okun_brothers_embezzler_gets_d.html

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