Displeased and upset, the victim of a long-term scam pleaded with the court this week to sentence an embezzler to jail.
“I think what he did was terrible,” the victim told District Court Judge Todd Plewe. “I think he needs to go to jail.”
A former Sears franchise owner in Cortez, the victim said that Zachery Bane, 28, embarked on an elaborate daily scheme, which lasted for months, to bilk the store out of thousands of dollars. The victim claimed Bane, a former Sears employee, even used his own phone number to fabricate customer accounts to return merchandise for cash.
Bane didn’t address the court at a sentencing hearing on Tuesday, June 30. He sat with his hands clasped atop a table, shifting back and forth in his chair.
“Frankly, I would never hire you to handle money,” Plewe told Bane. “This was a long-term scheme to steal from your employer, and I understand why the victim is frustrated and angry.”
However, Plewe said his hands were tied, because the plea deal offered by prosecuters didn’t require a jail sentence. Bane was sentenced to five years of supervised probation after pleading guilty this year to misdemeanor theft charges. The plea deal includes a 48-month deferred judgment on a felony theft count.
Despite the victim’s opposition, Assistant District Attorney Sean Murray recommended the court accept the plea deal.
According to court records, Bane was charged in connection to a six-month embezzlement scheme. He was accused of stealing up to $100,000 from the local Sears store.
In a letter to the court, the victim wrote that the criminal actions caused her to lose a $350,000 franchise investment, stating that Bane “deliberately” produced fraudulent store returns for cash and provided free gift cards to friends to buy televisions, mattresses and tools.
According to prosecutors, total restitution could surpass $15,000. A restitution hearing is set for Sept. 18.
tbaker@cortezjournal.com
