Pleas entered in Evansville defraud case

By FRANK SCHULTZ ( Contact )   Tuesday, Dec. 1, 2009
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Anne Gath

— A former Evansville School District employee accused of defrauding the district had not-guilty pleas entered for her Monday in Rock County Court.

Anne M. Gath, 50, is a former educational technology coordinator for the district. She is accused of ordering and then selling $80,307 worth of computers and cameras from June 2007 to July 2009.

Gath made her initial appearance Monday in Rock County Court and waived her right to a preliminary hearing.

Gath’s attorney, Christopher Van Wagner, asked that the case proceed directly to arraignment, during which Gath stood mute to two felony charges: theft of movable property and misconduct in public office.

Court Commissioner Charles Holznecht entered not-guilty pleas to the charges on Gath’s behalf. If convicted, Gath faces up to 13 1/2 years in prison and $35,000 in fines.

Van Wagner also filed a request for a different judge than the one assigned to the case, Michael Fitzpatrick. Holznecht ordered that a new judge be assigned.

Gath remains free on a signature bond.

Gath, of Madison, told investigators she has a gambling addiction and was trying to pay off her gambling debts. She told an investigator she was $200,000 in debt, according to a criminal complaint.

The criminal complaint states that thefts were discovered in July, when Gath was on vacation. During a meeting to coordinate the purchase of a computer server, someone noticed invoices for several ACER Aspire Ones, a type of computer the district doesn’t have.

A review of invoices turned up other questionable purchases, the complaint states. Investigators tracked down three men who had bought computers on eBay, an online auction site.

The three all had record of a shipping address that is the same as Gath’s home address. An eBay user name and e-mail address also were traced to Gath, the complaint states.

Gath was later interviewed with her attorney present and admitted buying the equipment with district money and selling it online, the complaint states.

Gath said she had bought more and more items as her gambling debts burgeoned. The complaint does not say how or where she was gambling.

Gath is accused of buying 163 items with district money.

Gath said she often sold the items for less than their cost to the district, the complaint states.

The district announced the thefts Nov. 4. The announcement included an apology from Gath and a pledge to pay back the money. The district said at the time it had changed procedures to prevent future occurrences.

reader COMMENTS
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(18)
Professor
Dec 3, 2009 at 12:22 a.m.
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I'm told the police asked the school for an audit, but H.C. said no, because it "would take too long." I think the real reason is a TRUE audit would show how shockingly irresponsible she was with the district's property. Her excuse in an earlier article was that 'smaller schools did it the way ours did, but now we have to change.' Uh-huh. I've not heard any chat about the school board insisting on a more educated response. On the Miranda issue, she would not be required to be warned of those, if she voluntarily confessed, even though many agencies do that anyway. But, Miranda is only required when there is 'custodial interrogation', which wasn't the case here.

metromilton
Dec 2, 2009 at 10:39 p.m.
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HEY ANNE.......SHOW ME THE MONEY!!!!

If she fenced the goods thru EBAY and used PAYPAL for payment collection, the E.S.D. may be able to get some recourse......

janesvillean
Dec 2, 2009 at 5:02 p.m.
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Even if you confess to having done something, under the American legal system dating back to English common law under the Magna Carta, and a model for individual rights the world over, you are still entitled to ensure that the state *proves* its case that you are guilty of a *specific* criminal statute. Even if you are standing over a body with a bloody knife or a smoking gun, you may have a self-defense legal defense, as our second amendment backers will be sure to agree. The state plea bargains on almost all cases in the US (and elsewhere) because this results in a guaranteed consequence such as jail time (although jail is rare for embezzlement cases, for which the preferred remedy is restitution and probation; it is almost always a first serious criminal offense, because it's nearly impossible to get a job supervising money with a criminal record); to proceed with a trial opens up the risk of acquittal.

freeradical
Dec 2, 2009 at 3:42 p.m.
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Not Guilty? Um...What?

common_sense_101
Dec 2, 2009 at 3:16 p.m.
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So she pleads not guilty but confesses to buying and selling the stuff on EBay? I wonder what her defense will be...

pat
Dec 2, 2009 at 2:44 p.m.
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I would be curious about a audit, someone said it was never done? As a tax payer in Evansville that concerns me.

pat
Dec 2, 2009 at 2:43 p.m.
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I would be curious to know if these officers read her, her rights when they initially talked with her? She confessed to Heidi, and I am sure Heidi relayed that message. In the first article, it said she had confessed , and was cooperating with police. IF she was given her rights , they can use that confession, against her.

If anyone has ever read Evansville weekly police report, you would know this gave them something else to do besides citizens assists, and drunks.

If they did not read her , her rights from the get go, its their own fault burden of proof falls of them if they can not use her 'confession.'

curtaincall
Dec 2, 2009 at 2:36 p.m.
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I am willing to bet it gets pleaded down. Like someone said no one is dead. As for the police dept in Evansville. IT'S Evansville. This was excitement for a small town dept. That is what we pay them for.

oldestofthree
Dec 2, 2009 at 2:13 p.m.
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What she did is wrong~but~no one is dead!

Acer301
Dec 2, 2009 at 1:31 p.m.
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creativethinking, sounds like you are anything but. I think what reader1 is referring to is the DA following through with the 2 felony counts instead of pleading it down to a misdemeanor theft charge. As for the investigation, I'm sure it took a lot of work to get records from eBay and track down the people that bought computers from her. I would think eBay doesn't just hand out that info. Just because she confessed doesn't mean anything. She still pled not guilty. Hence, the burdon of proof is on the DA and the officers.

Matt__Gaboda
Dec 2, 2009 at 12:14 p.m.
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Being that this is my child's school district, this enrages me. I smirked when I read the part about her pledge to pay back the money. Get in line and don't hold your breath. Where was the oversight? She had a blank check with taxpayers money. How does a resident of this district know that other "dice games" aren't going on as well? Someone needs to be held accountable. It is mildly reassuring that she was caught, but disappointing that it was allowed to happen in the first place. Why is it that they always put a "Watch Out For Curve" sign up after someone runs off the road and dies. This money is gone, and so is part of my trust in this school district.

curtaincall
Dec 2, 2009 at 11:53 a.m.
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Many people in town are wondering how she could have done this to begin with? Why were there so little security measures in place, and no inventory control?

creativethinking
Dec 2, 2009 at 11:12 a.m.
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reader1, if she was charged, does that not kind of say the DA is following through? If you are talking about jail time .. if you ever had followed cases like this, they tend to get very little jail time. They are usually plea bargained at some point. There was a woman from northern, Wisconsin who embezzled over 500 thousand , and got a year in jail. I doubt it was real hard to investigate when she confessed, and the school refused a audit.

reader1
Dec 2, 2009 at 10:43 a.m.
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EPD did a great job investigating this. Way to go guys. I know it took a lot of work and time and people don't realize the work put into it. I certainly appreciate your efforts. Hopefully the DA will follow through.

SwissChick
Dec 2, 2009 at 10:12 a.m.
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I know it's a defense ploy, but I love it when people stand mute, especially after a confession.

creativethinking
Dec 1, 2009 at 5:52 p.m.
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So where is the full audit of the school district

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