Press Release (Loudon, Tennessee – Friday, August 13, 2007) NOTE –
This information is being released in response to press inquiries
about this matter.
Felony Guilty Plea Results in Quarterback Club Recouping $17,000
A guilty plea in Loudon County Criminal Court to a theft charge by
Loudon County resident April Bowen will result in an immediate
payment of $17,000 in restitution to the Loudon Quarterback Club.
Bowen, who served as the treasurer of the youth football
organization for approximately three years, was presented to the
Loudon County Grand Jury in December 2006 by the District Attorney
General for indictment on a felony theft charge of approximately
$25,000. District Attorney General Russell Johnson explained that
at that time the Quarterback Club was “unsure of exactly how much
money they believed Ms. Bowen had misappropriated for her personal
use, so we submitted an indictment within the appropriate range.
“Ms. Bowen had the sole authority as treasurer to use the Club’s
credit card. General Johnson explained that the allegations were
that Bowen would purchase items for the Club, say from Wal-Mart,
both legitimately for the Club’s use and for her personal use on the
Club’s checking account. It would have been difficult for me and my
staff to attempt to separate the items on several months of receipts
to determine which items were used for the Club, such as soft drinks
or sport drinks, and which items Bowen used personally. Instead we
had the defendant’s attorney, T. Scott Jones, and the Club’s
attorney, Brian Nichols, trade information and review their
respective records to come up with a dollar amount that Nichols and
the officers of the Quarterback Club felt they could attribute to
Bowen’s personal use.”
A negotiated plea agreement was then struck with the defendant to
pay immediate restitution of the agreed upon $17,000 in return for a
felony guilty plea. Our office denied the defendant’s request for
pre-trial diversion, but she was granted a judicial diversion by
Criminal Court Judge E. Eugene Eblen after he listened to argument
from the defendant’s attorney about Bowen’s remorse for her conduct
and her lack of any criminal history. She will have to pay court
costs associated with the charge and will undergo a two year
sentence to be served on probation before the diversion can be
effected.
“Our office worked with the Club from the beginning,” stated General
Johnson, “and I understand the anger and frustration that their
members felt having placed this person in a position of trust then
having her abuse that trust, especially when we are talking about an
organization whose sole purpose is to help kids.” Johnson added,
“Brian Nichols and the Club’s officers were particularly helpful in
getting us to this point. Our mutual goal from the outset was to
get the admission of guilt and conviction on the felony charge with
restitution. The immediate return of $17,000 is something that
would never have happened if we were to have gone through a
difficult trial arguing the hundreds of items in numerous
purchases. Furthermore, if we had tried the case restitution
payments in whatever amount we could have proven would have trickled
in over a period of three or more years, if at all.”
Johnson offered this advice for similar clubs and small non-profit
organizations, “This is one of several cases I have seen since being
elected last summer involving youth sports clubs, scout or church
supported organizations where one person is in charge of the purse
strings without any or sufficient oversight. I encourage all such
groups to have at least two or three people required in order to
make or monitor purchases. Always have someone else review
purchases and payments on a monthly basis or an even more frequent
basis. Have an accountant or independent book-keeper review bank
statements on a quarterly basis to question suspicious
expenditures. Not only is this good policy for the organization,
but honest treasurers should welcome it for their own protection.”
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