A co-owner of a Wilmington development company, Michael Stortini, has admitted to embezzling from an employee pension plan and willfully evading taxes. The 52-year-old acknowledged misusing over $600,000 from a 401(k) plan meant for employees, as well as failing to pay over $450,000 in payroll taxes to the IRS over two years. Additionally, Stortini admitted to stealing more than $900,000 from business accounts for personal use.
Assistant U.S. Attorney Shawn Weede stated that the company faced financial difficulties in 2008. Stortini announced the termination of the 401(k) plan, but instead of returning assets to employees, he diverted them to cover business expenses. Weede also noted that Stortini used funds from other corporate accounts for personal expenses, including spending nearly $500,000 at gambling establishments.
At his sentencing scheduled for March 11, Stortini faces a maximum penalty of $1.2 million in fines and up to five years in jail for each offense.
Michael Stortini Sentenced for Embezzling Employee Retirement Funds
Michael Stortini, former managing member and part-owner of the Frank Robino Companies (FRC), a Delaware real estate development firm, received a 24-month prison sentence for embezzling $606,500 from his employees’ 401(k) plan and failing to pay hundreds of thousands of dollars in payroll taxes to the Internal Revenue Service (IRS).
United States District Court Judge Richard G. Andrews imposed the sentence, along with a requirement for Stortini to pay $638,468 in back taxes to the IRS and provide restitution with interest to the 401(k) plan participants.
Judge Andrews underscored the significance of the two-year term in deterring similar trust breaches, citing a legal proverb about fiduciary relationships.
According to Akeia Conner, special agent in charge of IRS Criminal Investigation, embezzling retirement funds harms both the affected individuals and honest taxpayers. Shawn A. Weede, assistant US attorney, led the prosecution.
How Embezzlement Works
Embezzlement is a form of financial fraud where someone misappropriates funds or assets entrusted to them for unauthorized purposes. The perpetrator knows that their actions are illegal but does so covertly to gain personal benefit from the company. Embezzlement can occur on varying scales, leading to significant fines and imprisonment.
The consequences of embezzlement for a company can be severe, including loss of assets, disruptions in operations, accounting discrepancies, and erosion of trust.
Rebuilding trust, which is crucial for both employee and customer relationships, is particularly challenging after such a breach. Therefore, it’s essential to have a thorough understanding of both employees and clients to prevent and detect embezzlement.
Distinguishing Money Laundering from Embezzlement
Understanding the difference between money laundering and embezzlement is crucial. While both involve transferring large sums of money, the key distinction is that embezzlement involves the misappropriation of legitimately obtained funds, whereas money laundering deals with concealing illegally obtained funds.
In embezzlement, funds obtained legally are diverted for unauthorized purposes, often without the owner’s knowledge. Conversely, money laundering involves using illegally acquired funds for potentially criminal activities.
Signs of Embezzlement
Recognizing potential embezzlement within your organization requires vigilance for warning signs, such as:
-Unexpected fluctuations in financial records indicating improper spending.
-Employees displaying defensive behavior, working alone, or resisting record sharing.
-Indicators of financial distress, which may lead to future theft risks.
-Changes in behavior, possibly stemming from discontent, justifying theft.
-Issues with transaction records, including missing receipts or suspicious file alterations.
These warning signs should prompt further investigation, particularly if multiple indicators are present or if behaviors have recently changed. Prompt attention to these signs can help prevent or uncover instances of embezzlement within your organization.
Preventing Embezzlement
Preventing embezzlement requires robust security measures and proactive measures to mitigate risks. Key strategies include:
- Know Your Customers (KYC): Implement KYC checks to verify the identity of individuals involved in financial transactions or business operations. This helps ensure trust and transparency in dealings.
- Anti-Money Laundering (AML) Measures: Adopt AML protocols to monitor and analyze financial activities and transactions, preventing the movement of illicit funds into legitimate channels.
- Integration of KYC and AML Tools: Utilize tools like IDnow to merge KYC and AML processes, allowing for secure vetting of customers and staff while monitoring their activities for potential irregularities.
Embezzlement Punishments
Embezzlement can result in both civil and criminal penalties, including incarceration, monetary fines, and restitution. The severity of punishment depends on the extent of the embezzlement and other factors.
Understanding White-Collar Crime
White-collar crime refers to nonviolent offenses committed by business professionals who breach trust for financial gain. Examples include fraud, theft, forgery, embezzlement, and money laundering. These crimes often involve manipulation or misuse of financial resources for illicit purposes.
