In a sentencing memorandum filed today in U. S. District Court for the Western District of Missouri, Assistant U. S. Attorney Patrick Carney says a message needs to be sent to others who might think of committing the same crime:
The defendant utilized his position to carry out each and every aspect of this fraud, victimizing individuals who sought his assistance and placed their trust in him. Failure to sentence this defendant to 57 months of incarceration, as recommended by the sentencing guidelines, would send a message that even the most highly knowledgeable and trained persons will not be held accountable for their actions and would further fail to deter others in similar or lesser positions from engaging in similar embezzlement schemes.
The memorandum indicates that Whitworth's embezzlement began after he put himself in a bad financial situation through poor business decisions:
This was not a single or even a few criminal acts committed by the defendant. According to the defendant, he initiated this fraud starting in 2006 when he entered a partnership to own a bar in Joplin, Missouri. Because of his poor financial decisions, the defendant initiated this criminal scheme that continued for at least seven years and resulted in the embezzlement of at least $845,879 from many of his clients.
Instead of cutting his expenditures or withdrawing from his partial ownership of the bar, the defendant chose repeatedly to steal from his clients in order to maintain his personal lifestyle. These decisions were made every day for approximately seven years and prove that the nature and circumstances of the defendant's criminal conduct was both intentional and placed his needs above those of his clients.
Whitworth embezzled from at least 26 clients, according to the memorandum:
The defendant's victims included estates and trusts of the deceased and their families, individuals who were injured and seeking compensation through the courts, as well as other criminal defendants seeking representation within the criminal justice system.
The Assistant U. S. Attorney notes, "While his embezzlement and fraud are troubling, his violation of his oath should be even more disturbing."
Whitworth's sentencing is scheduled for 9:30 a.m. Thursday, October 9, in Springfield.
1 comment:
This all began as early as 2004, Whitworth never became an investor in "the bar" until late 2006 early 2007. His contributions or lack there of do not even come close to the amount of money he's stolen from clients. He's never come close to having $800,000 for his share, his 1/3 interest came no where near that. It's not even an $800,000 investment by itself.
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