Thief stole $500K from a daycare, gets probation

From Bob Cronkleton:

A 45-year-old Lenexa woman who stole more than $500,000 from a Kansas City, Kan., church’s day care center has been granted probation.

Nancy Ann Fisackerly pleaded guilty last month to one count of theft of property with a value over $25,000 and two counts of making false information. As part of that plea, she agreed to pay $532,817 in restitution.

According to the charges, she stole funds from the day care center at St. Patrick Catholic Church over a 4 ½- year period. Fisackerly was director of the day care from 1995 until it closed in May 2007, according to the district attorney’s office.

Comments

[KC Resident]

Anyone want to take a guess as to why they closed? Insolvency?

[k]

Why do "white collar" criminals always get off with less time than other crimes. She had been doing this a long time.

[nomas]

so k you would have her do the same amount of time as a pos gangbanger that kills someone for their car or disrespecting them?

I'm not saying this woman shouldn't be punished, but to say white collar crimes don't command as severe a penalty as thug crimes and that they should is one of the dumbest things i have ever heard.

[Biggin]

They often want it all baby! They many times have been told they deserve it all.

[Tim Phelps]

nomas: How about give her the same amount of time we would give someone who stole 1/2 a mill from a bank.

[aqua]

Why Tim, did this lady perform an "armed" robbery?

[Otter]

They do less time or no time because they don't kill people. I would think anyone could understand that. But I guess not.

[D-man]

So if I steal half a mil. from a church I'll get probation?
What I'm doing here at work on a computer is beyond me.

[jones]

They do less time because they don't kill anybody.
Compare that statement to DUI penalties.

I would think people would understand that not everyone who has a few drinks then drives home kills someone- I guess not.

In Kansas, we have this little thing called the sentencing guidelines. A person is sentenced based on their criminal history and the severity level of the crime. She obviously had little to no criminal history, coupled with a lower level felony, which would land her in the presumptive probation category.

[TC]

Ok Aqua, so give her the same amount of time as an employee that worked for a bank and stole $500K. Is that better?

[k]

Uh, I don't think I mentioned gangbangers or murdererers, . . . . I merely questioned why she didn't get more time. It's not like she was desperate and stole once to feed her kids, she had been deliberately doing stealing over several years.It seems more criminal to me than the woman (who was posted on this bulletin board)who walked out of WalMart with a cart full of groceries because her credit card was declined. Both are thieves. One seems to have acted from emotion, the other from planning and deliberate action. What is the standard penalty for someone who shoplifts say $500 in merchandise?

[aqua]

uh TC, same crime, embezzlement. So OK...

[Make Sense?]

Probation is usually appropriate when restitution is ordered - the largest concern is retrieving the stolen funds, and you can't do that if the convictee is in prison... Couple that with the lack of a criminal record, and regular visits with a probation officer, and this sentence may be exactly the right choice...

[Isotope]

"So if I steal half a mil. from a church I'll get probation?
What I'm doing here at work on a computer is beyond me."

Do you have to give back the money that you make sitting at that computer? She had to give back the money that she stole, plus jail time, and then probation. So, really no benefit to her since she made no money.

[Jayhawkgal]

My question is, how is she going to payback 532000.00? Who will hire her? There is no way her house is worth that much?

being told to pay restitution and actually paying it are two totally different things. All she has to do is pay a small amount every month to show good faith and nothing can be done.

[Dave]

S.E. Kansas bank officer was just given probation for stealing 240,000 from Wier Kansas bank.............just FYI

She'll never be able to pay the money back. Her wages will be garnished the rest of her life (if she can find a job). She'll never be able to own anything.

[Frankenstein]

No jail time? What a shame.... Way to make an example of her. I think I would risk stealing $500,000 for a few years probation.

[TC]

"Probation is usually appropriate when restitution is ordered". I'm not a lawyer but definitely don't think that's right, so here is a link to a case where the person stole from a bank.
http://www.thebaynet.com/news/index.cfm/fa/viewstory/story_ID/7763

They not only got restitution, but they were sentenced to 30 months in prison, and then 5 years of probation after prison.
Just an excerpt
" U.S. District Judge Peter J. Messitte sentenced Shantesse Yvette White, 26, of Laurel, to 30 months in prison followed by five years of supervised release for bank fraud. Judge Messitte also ordered White to pay restitution of $276,424 in restitution."

So I definitely believe that if you steal $500K over a period of 4 years you most certainly deserve to go to prison. Each time you stole you committed a crime and you should be punished. Everyone is entitled to their own opinion, and so if you believe probation and restitution is enough that's your right, we can just agree to disagree.

[Sid Vicious]

Hellz yeah! Today a criminal is born. I had no idea kansas was so lenient toward white collar crime.

I deal with Millions of your dollars everyday! I'd just like to say thank you in advance :)

[Amy]

She has a criminal history - she's been doing this for years. That's history in my opinion, she just didn't get caught. What a joke.

[Angry Black Man]

Notice when a white person commits a crime they NEVER list that it was a white person in the coverage. Just show you it still pays to be WHITE in America. Oh and racism does not exist anymore......RIGHT!

Let me as a black man do the same crime and they will literally pick the prison up and and bury me under it.

Why do "white collar" criminals always get off with less time than other crimes. She had been doing this a long time.

BECAUSE THEY ARE USUALLY WHITE......DUH, everyone KNOWS THAT.....JUST SHUT UP AND BE GLAD THAT YOU LIVE IN A PLACE LIKE THIS BECAUSE YOU ARE PROBABLY WHITE AND WOULD GET THIS TREATMENT TOO.

[nomas]

"Notice when a white person commits a crime they NEVER list that it was a white person in the coverage. Just show you it still pays to be WHITE in America. Oh and racism does not exist anymore......RIGHT!"

What???????? If anything they seem to go out of their way in coverage to make sure if it is not a minority to say the perp was white.

Oh woe is me black people, there is just no opportunity for you in this country and everyone keeps you down.

ps make sure you watch boyz in the hood tonight instead of any network tv, just to keep your attitude in check and make sure you keep believing blacks have no opportunity in this country, you might see something that totally contradicts your beliefs and values.

The debate is does the punishment fit the crime, keep race out of it.

[nomas]

we already have to many people in prison for ridiculous things like marijuana possession, dui (without causing injuries or property damage i mean) debt issues, etc, that violent criminals that shoot stab and sometimes kill get many chances in the system.

so to all of you complaining white collar crime goes unpunished, what is the solution, let the gangbangers and thugs roam the streets so you feel better knowing a woman who stole some money is in jail? again i dont think these crimes should not go unpunished, but the 80 or so murder victims in kc this year probably dont care about white collar crime, or someone who had 3 beers and drove home and didnt use their signal into their driveway.

tell me what should the justice system do with her? i am listening, i would frankly rather have her roaming the streets than some thug that will shoot me because i look at him wrong.

[Me]

Maybe she didn't get time because she was a Christian thief. I think she needs to get's more than what she got. I guess insurance covered it.

I'm trying to understand your point Nomas. It sounds like you are saying that if we lock up white collar criminals, that we have to let out violent offenders? Why can't they both go to prison? This lady didn't commit the crime once, she did it repeatedly over 4 years, so yes she deserves to be locked up.

[Slg]

The reason she didn't go to jail probably because she is white hence the "white collar crime"

[slg]

You can't keep race out of it. It plays an important part. Even though every says it doesn't please...whoever says let's keep race out of it is obviously white. Until you walk a mile in our shoes please don't comment on keeping race out. That's why they call it "white collar crime" if a black person did that it would be a straight up felony no questions asked. Hmmm...I wonder if they would get probation? I highly doubt it.

Sorry to break it to you, but if this person was black, purple, or yellow, it would still be called a white collar crime. I agree that it's BS this lady got probation, but not because she's white, but because it's wrong. I don't tell my daughter not to break the law because she's black, I tell her not to do it because it's wrong.

[td]

White collar crime is associated with business people who wear "white shirts,and ties to work." Executive types. It has nothing to do with the color of their skin.

[anonymous]

guys take it easy im friends with her son.