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Woman bilks boss of nearly
A 43 year old accounts and purchasing manager, who systematically siphoned more than half a million dollars out of a small, locally owned business over five years to finance what the judge described as a of opulence, has been sentenced to four years in prison. And Justice D. Kent Kirkland has given her six years to pay back the money or face the prospect of three more years in prison.
Erica J. Estabrooks, who previously had no criminal record, pleaded guilty in Kingston Ontario Court of Justice in early July to charges of fraud over $5,000 and money laundering, committed between the summer of 2009 and November last year, when a bank accounts manager informed her boss something was amiss with the company financials.
When Estabrooks first entered her guilty pleas, assistant Crown attorney Gerard Laarhuis told the judge, her former employer, Richard Vanderwal, president and owner of Hydroclave Systems Corp., hired her in 2007 at an annual salary of $45,000.
At the time, Laarhuis said, Hydroclave, a medical waste treatment company incorporated in 1996, only had five other employees.
He told Justice Kirkland that her boss her to keep the books while he concentrated on the technical side of his business. Laarhuis described Vanderwal as proud man (who) has seen a lot in his time but said he trusted in Estabrooks integrity, and the most profound, deep, egregious manner, she breached his trust, within two years of being hired.
In the summer of 2009, Justice Kirkland was told, Estabrooks initiated a scheme that involved the creation of fake invoices on her computer, which she used to funnel company money into four credit cards she owned.
Over the five years she got away with it, Laarhuis said, she used those credit cards to pay for everything from groceries, gas and a $4,000 plus dental bill to vacations, clothes, extravagant restaurant meals and even $3,196 in college tuition for one of her children all of it on the company.
It clear she wasn spending it entirely on herself, Laarhuis conceded, citing days when Estabrooks was spending $500 at restaurants in Kingston.
But at the same time she was treating herself and whomever to expensive dining experiences, Vanderwal is living a frugal life, he told the judge and his lunch. said a forensic audit found that she began by supplementing her 2009 income with $11,615.50 of Hydroclave money tax free but said was just testing the waters. He then went on to describe how her greed increased exponentially with each passing year.
Laarhuis told the judge she stole another $34,988.04 from Vanderwal business in 2010 and in 2011 an additional $97,039.
By the end of 2012, her manipulations had added $124,633 to that year income, and in 2013 she grabbed $187,250 more, cooking the books as she went.
By the time she got caught last November, Laarhuis said, her predations had already hoovered $192,727 from Hydroclave yearly accounts and paid for a $5,544 trip for two to the Bahamas which was never taken and Estabrooks was attempting to set up another $50,000 line of credit on one of her cards. In November 2014 alone, he said, she stole $41,000 from her employer, bringing her total over the five years to $648,252.34 and, he noted, have her tax returns and certainly she never reports this money on her taxes. however, at the credit card companies were saying, weird is going on, Laarhuis told the judge, and the accounts manager at the company bank telephoned Hydroclave asking to speak to Richard Vanderwal.
Laarhuis said Estabrooks answered the phone and told the woman that her boss had left for the day.
The following day, he said, she called the bank back and tried to set up a meeting between herself and the accounts manager. And when she couldn pull it off, she went to see Vanderwal and told him done a terrible thing, first admitting to a theft of $27,000 and eventually to stealing $230,000. She said she wanted to repay the money.
But Laarhuis noted that, in addition to fudging the actual numbers even at that late hour, no restitution has ever been made. Yet items Estabrooks acquired, such as Canada Goose coats, kitchen cabinets, a furnace, a plow for a four wheeler and a NASCAR package have been sold on Kijiji since she was fired, he suspects by members of her family. not right that they sell these things and continue to live on the proceeds, he told Justice Kirkland.
Laarhuis noted that Estabrooks also acted without regard for the jeopardy she could have been creating for the livelihoods of her fellow employees, using the misappropriated money to buy, among other things, a $5,000 trailer, a couple of ATVs and a boat. He told Justice Kirkland she spent it at Holt Renfrew and Danier Leather, bought liquor, building supplies, paid for her hair salon appointments, gas for vehicles and trips to a Sandals resort, Niagara Falls and the Newhampshire Speedway.
was living well beyond her means, Laarhuis said, Mr. Vanderwal was scrimping and saving. apologized in court to Vanderwal and her lawyer, Nathan Baker, urged the judge to imprison her for no more than three years and argued against the imposition of a fine to recover the money. Baker told Justice Kirkland that she has mental health issues that date back to her teens.
Justice Kirkland decided that four years of prison was more appropriate on the facts of the case, however. And since the money has all been spent, he imposed a fine in lieu of forfeiture for the full amount, those recovered monies to be returned to Hydroclave and Vanderwal. Should Estabrooks default by not paying, he ordered that she serve a further three years in prison.