The state's highest court has ordered that a local couple whose bank embezzlement convictions were overturned in 2012 by the state Appeals Court be returned to Worcester Superior Court for resentencing on the lesser offense of larceny by embezzlement.
George Labadie and his wife, Susan Carcieri, were found guilty in 2010 of staging an Aug. 27, 2002, robbery at the Wyman-Gordon Federal Credit Union on Grafton Street, where Mrs. Carcieri worked as an assistant manager, and making off with $210,000 in stolen cash.
A Worcester Superior Court jury convicted both husband and wife of embezzlement from a bank by a bank employee. Mr. Labadie was found guilty as a joint venturer.
He was also convicted of attempted counterfeiting and possession of counterfeiting tools based on items recovered by police in a search of the couple's home at 521 Grafton St. two days after the reported robbery.
Finding that state courts lack jurisdiction over the crime of embezzlement from a federal credit union, the Appeals Court reversed both bank embezzlement convictions in 2012.
Mr. Labadie was sentenced in 2010 to 10 to 12 years in state prison on the bank embezzlement charge, and to a concurrent term of 9 to 10 years for possession of counterfeiting tools. He was placed on probation for 10 years, to begin upon his release, on the attempted counterfeiting charge.
The Appeals Court ruling did not affect the sentences on the counterfeiting charges.
Mrs. Carcieri was sentenced to 4 to 7 years' imprisonment, but the sentence was later stayed pending appeal.
Both sides sought further appellate review by the state Supreme Judicial Court, which issued an 11-page ruling Wednesday.
The SJC found that because a federal credit union is not a bank, as defined by state law, Mr. Labadie and Ms. Carcieri were entitled to judgments of acquittal on the bank embezzlement charges. The court vacated those convictions.
It went on to find, however, that larceny by embezzlement is a "lesser included offense" of bank embezzlement, and that state prosecutors were not barred from bringing larceny by embezzlement charges against a federal credit union employee.
"Because the jury's verdicts demonstrate that they found the defendants guilty of all the required elements of larceny by embezzlement, we remand for entry of convictions of this lesser included offense and for resentencing," the SJC wrote.
Larceny is punishable by a state prison sentence of up to 5 years.
In its 2012 ruling, the Appeals Court found that the crime of embezzlement from a federal credit union was within the exclusive jurisdiction of the federal courts, but that a prosecution for the lesser included offense of larceny by embezzlement was not precluded in the state courts. The court said double jeopardy would not prevent a retrial of Mr. Labadie and his wife on the lesser charge and sent the case back to Worcester Superior Court.
The case then went to the SJC after both sides sought further appellate review.
The Appeals Court noted in its ruling that Ms. Carcieri called 911 on the morning in question to report that an unknown man had forced his way into the credit union behind her and compelled her to open the safe. Various circumstances, including the fact that Ms. Carcieri was only loosely bound when police officers arrived, made them suspicious of her account, according to the court.
The suspicions were heightened two days later, the Appeals Court noted, when police found bundles of cash in the same denominations that had been stolen from the credit union in the couple's home. Some of the bundles were still wrapped in distinctive bands from the Federal Reserve Bank, according to the Appeals Court ruling.
The SJC decision was written by Judge Ralph D. Gants. Assistant District Attorney Donna-Marie Haran represented the office of District Attorney Joseph D. Early Jr. on appeal. Ms. Carcieri was represented on appeal by lawyer Paul C. Brennan and Mr. Labadie by lawyer Patricia A. DeJuneas
A 62-year-old city woman is scheduled to be resentenced next month for her role in the theft of more than $200,000 from the Grafton Street credit union where she worked.
Susan Carcieri and her husband, George Labadie, were found guilty in 2010 of staging an Aug. 27, 2002, robbery at the Wyman-Gordon Federal Credit Union on Grafton Street, where Ms. Carcieri worked as an assistant manager, and stealing $210,000.
A Worcester Superior Court jury convicted both the husband and wife of embezzlement from a bank by a bank employee. Mr. Labadie was found guilty as a joint venturer.
He was also convicted of attempted counterfeiting and possession of counterfeiting tools based on items that were recovered by police during a search of the couple's home at 521 Grafton St. two days after the reported robbery.
The state Appeals Court reversed both bank embezzlement convictions in 2012, finding that state courts lacked jurisdiction over the crime of embezzlement from a credit union.
Mr. Labadie was sentenced in 2010 to 10 to 12 years in state prison on the bank embezzlement charge, and to a concurrent prison term of 9 to 10 years for possessing counterfeiting tools. He was placed on probation for 10 years, to begin upon his release, on the attempted counterfeiting charge.
Ms. Carcieri was sentenced to 4 to 7 years' imprisonment, but the sentence was later stayed by Judge Peter W. Agnes Jr., pending appeal. Judge Agnes has since been appointed to the Appeals Court.
Ms. Carcieri and Mr. Labadie were ordered to a pay a total of $210,000 in restitution.
The Appeals Court ruling did not affect the sentences imposed on Mr. Labadie on the counterfeiting charges. The appellate court found that the crime of embezzlement from a federal credit union was within the exclusive jurisdiction of the federal courts, but that a prosecution for the lesser included offense of larceny by embezzlement was not barred in the state courts. The Appeals Court said double jeopardy would not preclude a retrial of Mr. Labadie and his wife on the lesser charge and sent the case back to Worcester Superior Court.
The defense and prosecution both sought further appellate review of the Appeals Court decision by the state Supreme Judicial Court. In an 11-page ruling issued Feb. 5, the SJC vacated the bank embezzlement charges and ordered that Ms. Carcieri and Mr. Labadie be returned to Worcester Superior Court for resentencing on the lesser offense of larceny by embezzlement.
The state's highest court found that larceny by embezzlement is a "lesser included offense" of bank embezzlement, and that state prosecutors were not prohibited from bringing larceny by embezzlement charges against a federal credit union employee.
"Because the jury's verdicts demonstrate that they found the defendants guilty of all the required elements of larceny by embezzlement, we remand for entry of convictions of this lesser included offense and for resentencing," the SJC wrote.
Larceny by embezzlement is punishable by a state prison sentence of up to five years.
Judge Janet Kenton-Walker set a March 25 date Monday for Ms. Carcieri's resentencing at the request of Assistant District Attorney Jeffrey T. Travers and defense lawyer Leonard J. Staples.
A date has not been set for her husband's resentencing.
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