Thursday, January 7, 2010

Family Not Happy With Plea Bargain

A family dispute writ large has Eloise Russo looking at up to 10 years in prison.

Russo pleaded guilty Monday before Ottawa County Circuit Judge Calvin Bosman to a reduced charge of embezzling more than $20,000 from her elderly parents, Ada Sherwin and the late Thomas Sherwin. Russo said she used the money for a variety of activities, including gambling at casinos.

"I became Mom and Dad's guardian," Russo said of her mother, 83, and her father, who died in October at age 90. "I took some money from Mom and Dad."

Ottawa County Sheriff's Department investigators were able to document an alleged $107,500 embezzled around the fall of 2007 by Russo from the savings her father amassed as a coal miner.

But Russo paid back all but about $19,500, which was a factor in her favor, said Assistant Prosecutor Lee Fisher. The prosecution offered to drop the original charge of embezzlement of more than $100,000, a 20-year felony, in exchange for her pleading to the 10-year felony.

Because Russo, 53, has no criminal record, the minimum jail guidelines differed by only three months, Fisher said. For the charge of embezzling more than $100,000, she was looking at guidelines calling for zero to 12 months; for the charge she pled to, guidelines call for zero to nine months.

But some of the Sherwin relatives are not embracing the plea deal. Son-in-law Nick Unger said Russo should have been brought to trial on the original charge. He said his wife, Janet Unger, now is the guardian for her mother, who suffers from Alzheimer's disease. They believe Russo should have to pay triple damages and spend at least three years in prison, Nick Unger said.

Unger said he believes Russo took at least $166,000 from her parents and knew that what she was doing was wrong.

"We're not happy," he said of the plea deal. "I think they (prosecutors) took the easy road."

Full Article and Source:
Some Family Members Upset With Plea Bargain
For Woman Accused With Embezzling $107,500 From Parents


See Also:
Former Guardian Waives Hearing

5 comments:

helensniece said...

"We're not happy," he said of the plea deal. "I think they (prosecutors) took the easy road."

Yes, I agree, the easy sure road to conviction - case closed.

Eloise Russo: "I became Mom and Dad's guardian," Russo said of her mother, 83, and her father, who died in October at age 90. "I took some money from Mom and Dad."

Acting in a position of trust, as a fiduciary, as a guardian the sentencing must be severe - no mercy!

Russo should have been charged for the TOTAL amount of money that she stole from her parents.

In my opinion, this sends the wrong message to others with criminal minds who are in positions of trust.

Betty said...

I agree too. A message could have been sent here that might deter this type of activity.

Anonymous said...

One thing, though, family. In taking the plea bargain, you are sure Russo is held accountable to some degree at least and doesn't walk scot free.

Max said...

Russo should have to pay the rest of the money back PLUS interest as part of the plea bargain.

Norma said...

I agree, it's not enough and I wouldn't be happy either.

Guardianship victims don't get resitution. So, in reality, Russo has been held more accountable than most guardians.

It's not enough, I know. But, it's something.