Dixon sentenced to 12 months and a day in prison
posted 04/02/05
Former Friday Harbor Postmaster Carmen Dixon was sentenced to 12 months and one day in prison April 1, 2005. She had pleaded guilty in federal district court in Seattle to misappropriation of funds Dec. 7, 2004. Dixon was ordered to pay $129,000 in restitution.
Dixon has paid almost half as of her sentencing. She still owes $65,720.82. She does not have to pay interest. U.S. District Court Judge John C. Coughenour granted her request to apply the value of unused sick and annual leave towards the restitution. The prosecutor objected, stating: "The government did not suffer a loss of accrued sick leave, it lost money - and it is money that Ms. Dixon promised to pay. The government seeks only what Ms. Dixon agreed to in the Plea Agreement, the full repayment of the documented loss of $129,000."
Dixon will serve her sentence in Geiger Correctional facility in Spokane. After she completes her sentence, she will have three years of supervised release. She will be restricted from any employment allowing access to money.
The rationale for the sentence is detailed in the sentencing memorandum posted below.
SENTENCING MEMORANDUM
COMES NOW, the United States of America, by and through John McKay,
United States Attorney for the Western District of Washington, and Patricia C. Lally,
Assistant United States Attorney, and submits the following sentencing memorandum.
Defendant entered a plea of guilty on December 7, 2004. Paragraph 11 of the
Plea Agreement contains the following agreement of the parties:
Sentencing Factors. The parties agree and stipulate
that the facts admitted by Defendant in the Statement of
Facts in this Plea Agreement support the application of the
following Sentencing Guidelines. Defendant expressly
waives her right to have any of these sentencing factors
charged in the Information or determined by a jury beyond a
reasonable doubt.
a. A base offense level of 6, pursuant to USSG §2B1.1;
b. An eight-point addition due to a stipulated loss
amount of $120,000; and
c. A two-point addition because the defendant
abused a position of public trust as defined in
USSG §3B1.3.
In addition, defendant qualifies and should receive a three-point reduction for Acceptance of Responsibilty. For these reasons, the Total Offense Level is 13, and the Criminal History Category, based upon U.S. Probation’s calculation, is I. According to the Sentencing Guidelines, this level results in a sentencing range between 12 to 18 months.
Although the loss to the United States Postal Service is actually $129,000 for purposes of calculating her sentencing range, the government stipulated to a loss amount of $120,000. In other words, the defendant received a two point benefit by entering into the plea agreement.
The government concurs with recommendations contained in the Presentence Report of
the United States Probation Office which includes a sentence of 12 months + 1 day. This
sentence is appropriate and warranted in this situation. For a number of years, Ms. Dixon was a Postmaster at the Friday Harbor Post Office where, by many accounts, she was an active and highly regarded community member. She was so highly thought of that many in her community believed the Postal Service investigation was another example of government heavy-handedness. In fact, Ms. Dixon violated her position of trust for a number of years by stealing postal funds for
her own personal use.
The Postal Service investigation was comprehensive and conclusive and proved that over a period of years, Ms. Dixon stole U.S. Postal funds for her own use. This prosecution and recommended sentence sends a message to Postal Service employees that misappropriation of funds will not be tolerated. It also conveys an important message to the general public: the government will protect the integrity of the U.S. Postal system and hold individuals accountable for the loss of public funds. For these reasons, defendant’s recommendation of home detention rather than a period of incarceration should be denied.
As part of the Plea Agreement, defendant promised to pay restitution. A portion of the $129,000 loss has already been paid, leaving a balance due of $65,720.82. Defendant now seeks to reduce the remaining amount owed by substituting the value of her accrued sick leave that she earned while employed with the U.S. Postal Service. This argument confuses the promise to repay the amount that Ms. Dixon stole. The government did not suffer a loss of accrued sick leave, it lost money - and it is money that Ms. Dixon promised to pay. The government seeks only what Ms. Dixon agreed to in the Plea Agreement, the full repayment of the documented loss of $129,000.
DATED this 29th day of March, 2005.
Respectfully submitted,
JOHN McKAY
United States Attorney
New postmaster for Friday Harbor
posted 02/04/05
Laureen Fuller officially starts as U.S. Postmaster for Friday Harbor on Feb. 5, 2005. "It's going to be a challenge," she said. "But we've got a good crew here." Fuller plans to work to improve the flow of the postal delivery routes in town. The location of some of the boxes is problemmatic. She welcomes suggestions from residents. People can drop off their written comments for her at the Post Office.
Fuller and her husband Michael are moving to San Juan Island from DuPont. Michael is from Anacortes and is familiar with the San Juans. Fuller said they are boaters and are looking forward to island living.
Friday Harbor's previous postmaster was Carmen Dixon. She pleaded guilty in December to misappropiation of funds. She is scheduled to be sentenced April 1, 2005.
Postmaster pleads guilty;
sentencing April 1
posted 12/08/04
Carmen Dixon, 47, of Friday Harbor pleaded guilty in federal court in Seattle Dec. 7, 2004 to Misappropriation of Postal Funds. According to the plea agreement, Dixon, the former Postmaster of Friday Harbor, admits that from sometime before January 2002 and May 2004 she issued $58,000 in money orders to herself and her family from bulk mailing fees, and converted $71,000 from the sale of stamps to her own use. The total loss amount to the postal service is $129,000. Dixon has agreed to pay restitution to the U.S. Postal Service as part of her plea agreement.
Dixon was placed on leave from the Postal Service last spring when the investigation began. The misappropriation first came to light during an internal review. Dixon worked for the Postal Service for 27 years. Her employment was terminated in September 2004.
Misappropriation of Postal Funds is punishable by up to 10 years in prison, $250,000 fine and a period of supervision following release of up to 3 years. Dixon will be sentenced by U.S. District Court Judge John C. Coughenour on April 1, 2005 at 9:00 am.
The case was investigated by the United States Postal Inspection Service and prosecuted by Assistant United States Attorney Patricia C. Lally.
Former postmaster charged with felony
posted 11/23/04
One felony count of misappropriation of postal funds has been charged against former Friday Harbor Postmaster Carmen Dixon. The charges were filed in U.S. District Court in Seattle Nov. 18, 2004. The charging document states:
"At an exact time unknown, but sometime between on or about January 31, 2002, through on or about May 3, 2004, in San Juan County, within the Western District of Washington, Carmen L. Dixon, while working as an employee of the United States Postal Service at the Friday Harbor Post Office, did knowingly convert to her own use money coming into her hands or under her control during the course of her duties as a Postal Service employee, that is, funds from postal stamp sales and bulk mailing fees totaling approximately $129,000. All in violation of Title 18, United States Code, Section 1711."
Dixon was relieved of her duties at the Post Office in May, 2004. Officials from the U.S. Postal Inspector Office refused to comment on the case or even confirm an investigation was underway. The information for this story was taken from public record documents filed in federal court.
A person found guilty of this crime "shall be fined under this title or in a sum equal to the amount or value of the money or property embezzled, whichever is greater, or imprisoned not more than ten years, or both."
§ 1711. Misappropriation of postal funds
Information taken from Legal Information Institute
Whoever, being a Postal Service officer or employee, loans, uses, pledges, hypothecates, or converts to his own use, or deposits in any bank, or exchanges for other funds or property, except as authorized by law, any money or property coming into his hands or under his control in any manner, in the execution or under color of his office, employment, or service, whether or not the same shall be the money or property of the United States; or fails or refuses to remit to or deposit in the Treasury of the United States or in a designated depository, or to account for or turn over to the proper officer or agent, any such money or property, when required to do so by law or the regulations of the Postal Service, or upon demand or order of the Postal Service, either directly or through a duly authorized officer or agent, is guilty of embezzlement; and every such person, as well as every other person advising or knowingly participating therein, shall be fined under this title or in a sum equal to the amount or value of the money or property embezzled, whichever is greater, or imprisoned not more than ten years, or both; but if the amount or value thereof does not exceed $1,000, he shall be fined under this title or imprisoned not more than one year, or both.
This section shall not prohibit any Postal Service officer or employee from depositing, under the direction of the Postal Service, in a national bank designated by the Secretary of the Treasury for that purpose, to his own credit as Postal Service officer or employee, any funds in his charge, nor prevent his negotiating drafts or other evidences of debt through such bank, or through United States disbursing officers, or otherwise, when instructed or required so to do by the Postal Service, for the purpose of remitting surplus funds from one post office to another.
Friday Harbor Postmaster placed
on administrative leave
posted 05/10/04
Friday Harbor Postmaster Carmen Dixon is on administrative leave while United States Postal Service inspectors conduct an investigation.
"It's not appropriate to discuss the investigation at this time," said Peter Hass, a spokesman for the USPS Seattle Region.
Dixon also declined to comment on the investigation.
Gene Bowden of Bellingham currently is the officer in charge at the Friday Harbor Post Office.
|
