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January 12, 2006Jury finds Gee guiltyTownship clerk convicted on 9 counts
Janice Gee stands with her attorney, James Hunt, while the Grand Traverse Circuit Court jury foreman reads the verdict. They found her guilty on all nine charges of embezzlement. Gee, 60, showed no reaction at the verdict but township officials said they were "relieved" upon her conviction Wednesday. "I thought maybe she might get off on one or two charges but from the information I've seen I knew there was no way she wouldn't be convicted," township supervisor Glen Lile said. Gee had been charged with nine counts of embezzling more than $1,000 and less than $20,000 for the years 2000 through 2004. Grand Traverse County Prosecutor Alan Schneider said since 1995 Gee used her control of the township's payroll system to make contributions to a deferred compensation retirement account without deducting the money from her paycheck. She used township funds to pay her and her daughter's personal federal income taxes by altering W-2 forms. Jurors agreed after deliberating for two hours. Because of the statute of limitations, the charges covered just four years but Schneider said he will seek full restitution - $62,000. Gee remains free on bail until her sentencing Feb. 3, but Circuit Court Judge Philip Rodgers warned her not to touch the money in the deferred compensation account. "The court does expect substantial restitution to be paid before sentencing," Rodgers said. "I have nothing to say," Gee said as she left the courtroom surrounded by her husband and children. The verdict came is just after 5 p.m. in the second day of the trial. Gee did not testify and her attorney, James Hunt, did not call any witnesses. In their closing arguments both Hunt and Schneider made it clear the single issue to be decided by the jury was not that money was missing or what happened to it, but whether Gee intended to steal. Hunt argued it was just part of a string of mistakes and errors caused by the township's accounting system software and possibly Gee's lack of training and experience in accounting. "I don't believe that you'll find (Gee) was even aware of this until it was disclosed (by auditors)," he told jurors. "No one even told her this was a problem before." Schneider noted that Gee prepared the payroll, filled out federal withholding and deferred compensation deductions, wrote checks to the deferred compensation accounts, and deposited her own paycheck 26 times a year for 10 years. "That's over 600 mistakes," he said. "Six hundred mistakes happen and they just happen to benefit the person in control? "It's not probable, it's not credible, it's not reasonable," he said. Hunt used his cross examination of prosecution witnesses to focus on other payroll errors discovered by auditors and employees, as well as possible glitches in the township's accounting software. "How many mistakes were made that we don't know about," Hunt said. Schneider said the other errors were small amounts and isolated incidents. "That's nothing like the year-to-year deliberate conduct of the defendant deducting nothing from her paycheck," Schneider said, his voice rising. After the verdict Schneider said he wasn't worried that jurors bought a "mistake" argument. "The evidence was very strong and (forensic auditors) Plante & Moran's investigation was very complete," he said. See Related Stories: Forensic accountant testifies against Gee - January 11, 2006 Gee trial set for Tuesday - January 9, 2006 East Bay treasurer faces court hearing - January 6, 2006 Embattled clerk removes desk, triggers burglar alarm - January 4, 2006 Gee paid $23,000 for doing little work - December 22, 2005 Township might not recoup its losses - December 15, 2005 Residents are not as forgiving of Bartko as officials - December 15, 2005 Bartko pleads guilty - December 14, 2005 Audit reveals special assessment district mess - December 11, 2005 Gee will stand trial next month - December 10, 2005 Accountants missed many red flags - December 4, 2005 Other townships pondering changes - December 4, 2005 Bartko hears felony counts - November 29, 2005 Two more face charges in financial scandal - November 23, 2005 News Break: Ex-supervisor, current treasurer charged - November 22, 2005 Records show township paid planner from U.P. - November 13, 2005 Signature goal reached for recalls - November 9, 2005 East Bay Township probe widens - October 27, 2005 Bid for state's assistance in removing Gee falls short - October 12, 2005 East Bay recall petition drive thriving - October 11, 2005 Gee trial delayed as prosecution continues to build case - October 1, 2005 Audit: East Bay Township clerk took $62K - September 28, 2005 Residents demand answers from East Bay board - September 16, 2005 Audit may result in more charges - September 14, 2005 East Bay residents to circulate petitions - September 3, 2005 East Bay finances: 'Little stuff' totals thousands - August 28, 2005 Prosecutor says East Bay probe may widen - August 26, 2005 Former supervisor likely purchased personal items - August 21, 2005 East Bay Township clerk is back to work - August 21, 2005 More money may be missing in East Bay - August 16, 2005 Lile suggests shutting down East Bay government - July 22, 2005 East Bay Township supervisor expects 'real ugly' meeting - July 22, 2005 East Bay assessor to be paid as fate is determined - July 12, 2005 Errors pile up in review of East Bay records - July 10, 2005 Public backs East Bay probe leading to arrest of clerk - June 28, 2005 East Bay Township clerk charged with embezzlement - June 23, 2005 Township officials pushed for audit leading to Gee's arrest - June 23, 2005
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