Women pleads guilty to embezzlement

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By Carol A. Clark

An Española woman pled guilty to unauthorized computer use and state income tax evasion in connection with a local establishment.

Judge Michael Vigil of the First Judicial District Court in Santa Fe accepted the plea agreement of Ana K. Vivar Friday.

The plea agreement was entered in connection with Vivar’s alleged embezzlement of more than $120,000 from Del Norte Credit Union in Los Alamos.

Vivar pleaded guilty to 11 counts of unauthorized computer use, fourth degree felonies and one count of attempt to evade or defeat her State Personal Income Tax, a fourth degree felony.

The tax evasion charge stems from Vivar’s failure to report the fraudulent proceeds on her state Personal Income Tax Return.

The case was a result of an investigation by the Los Alamos Police Department and the New Mexico Taxation and Revenue Department’s Tax Fraud Investigations Division. It was prosecuted by the First Judicial District Attorney’s office in Santa Fe.

“Sgt. Andrew Goldie was the lead on this investigation when he was a detective in our department,” said Det. DeWayne Williams who heads up the Los Alamos Police Investigations Division. “Records show the alleged illegal activity began in April of 2005. It was reported to us in December of 2006 by the FBI. We began our investigation at that time and are glad to see that justice being served.”

Taxation and Revenue Secretary Rick Homans addressed the situation in a news release Tuesday.

“Most times individuals who embezzle funds commit a second crime - tax evasion,” Homans said. “Our Tax Fraud Investigations Division stays alert to these types of cases and works to hold everyone accountable for (the) reporting of income and payment of taxes."

Vivar was indicted Jan. 29, 2008, with 11 counts of embezzlement, and 11 counts of computer access with intent to defraud.

Last week, Vivar was charged by criminal information on two counts of tax evasion for failing to report the embezzlement proceeds on her 2005 and 2006 income tax returns.

According to the Plea and Disposition Agreement, Vivar agreed to pay restitution of $129,617 to Del Norte Credit Union, and file amended New Mexico Personal Income Tax Returns for 2005 and 2006 and pay all taxes due.

In information disclosed during the plea hearing, Vivar was an employee of Del Notre Credit Union. Sentencing has been set for 2 p.m., Feb. 6, before Vigil.

Contact Carol A. Clark at lanews@lamonitor.com, 662-4185 ext. 25 or visit her blog at www.newsextras.wordpress.com.