City finance specialist guilty of food stamp fraud, has three bankruptcies
- Stilwell says reporting is ‘bullying’
By MARY SCHLEY, The Carmel Pine Cone, March 14, 2014
According to prosecutors, however, Allen and her husband, Wayne, committed fraud to obtain public funds from November 2009 to March 2011 — starting just before she took a job at city hall, and continuing while she earned a salary and benefits of more than $75,000 a year.
The Allens “did willfully and unlawfully and by means of false statement, representation, impersonation and other fraudulent device, obtain and retain aid for himself or herself and for a child not in fact entitled,” according to the case filed against them by the Monterey County District Attorney’s Office on Dec. 7, 2012. They were also accused of felony perjury.
She began working for the City of Carmel in 2010, according to Stilwell, during the time the crime was occurring, and on Feb. 1, 2013, Allen and her husband pleaded no contest — which is the same as guilty — to the fraud charge, which was reduced to a misdemeanor after they repaid the state $4,774, while the perjury charges were dropped. As a result, Allen was placed on three years’ probation and given a suspended jail sentence of 40 days that will be imposed if she violates her probation. She also had to pay a $670 fine and other fees, and her probation includes that she be required to submit to search and seizure by any peace officer, even when he has no search warrant or probable cause.
No. SS121827A
SECTION 10980
(c) Whenever any person has, willfully and knowingly, with the intent to deceive, by means of false statement or representation, or by failing to disclose a material fact, or by impersonation or other fraudulent device, obtained or retained aid under the provisions of this division for himself or herself or for a child not in fact entitled thereto, the person obtaining this aid shall be punished as follows:
(2) If the total amount of the aid obtained or retained is more than nine hundred fifty dollars ($950), by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of 16 months, two years, or three years, by a fine of not more than five thousand dollars ($5,000), or by both that imprisonment and fine; or by imprisonment in the county jail for a period of not more than one year, by a fine of not more than one thousand dollars ($1,000), or by both imprisonment and fine.
PENAL CODE
SECTION 118-131
118a. Any person who, in any affidavit taken before any person authorized to administer oaths, swears, affirms, declares, deposes, or certifies that he will testify, declare, depose, or certify before any competent tribunal, officer, or person, in any case then pending or thereafter to be instituted, in any particular manner, or to any particular fact, and in such affidavit willfully and contrary to such oath states as true any material matter which he knows to be false, is guilty of perjury. In any prosecution under this section, the subsequent testimony of such person, in any action involving the matters in such affidavit contained, which is contrary to any of the matters in such affidavit contained, shall be prima facie evidence that the matters in such affidavit were false.
WELFARE AND INSTITUTIONS CODE
SECTION 11054
11054. Each applicant shall be required before approval of assistance or services to file an affirmation setting forth his belief that he meets the specific conditions of eligibility. Such statements shall be on forms prescribed by the department and, in the case of applicants for aid to families with dependent children, shall contain a written declaration that the affirmation is made under penalty of perjury. Any person signing a statement containing such declaration, who willfully and knowingly with intent to deceive states as true any material matter which he knows to be false, is subject to the penalty prescribed for perjury in the Penal Code.
Whenever the applicant himself is incapable of completing the required affirmation, and no guardian or conservator of his estate has been appointed, the affirmation may be completed on his behalf by a relative or close personal friend or a representative of a public agency who has all necessary knowledge regarding the applicant's circumstances and is willing to affirm thereto. A copy of the affirmation shall be furnished to the applicant or other person completing it at the time it is filed. Such other person completing an affirmation who willfully and knowingly with intent to deceive states as true any material matter which he knows to be false is subject to the penalty prescribed for perjury in the Penal Code.
A county department may also require like statements to be completed prior to approving restoration of aid as provided by Section 11051, and may require new statements at any time for purposes of continuing assistance.
Letters to the Editor, The Carmel Pine Cone
‘A government of wolves, G.R. Mozingo, Esq., Carmel, The Carmel Pine Cone, March 21, 2014, 28A, 29A
Highlight Excerpts:
It would appear that the city administrator has a selective conscience when it comes to imposing disgrace or casting others in a false light prior to the time they are charged, or even given the opportunity to confront those accusing them of misconduct.
Perhaps equally disturbing is the reaction of the mayor…It has apparently escaped the mayor’s attention that the charges for the financial crimes and a subsequent conviction occurred during the period of time that he was the Mayor of Carmel-by-the Sea.
The most troubling issue raised by these events, however, is that public officials would suggest that such a story should not be run because it was not “necessary” and that such action was “bullying.” This would appear to be a blatant attempt to interfere with the freedom of the press, a freedom so vital to the American way of life that it is protected by the United States Constitution.
No confidence in city hall, Karen Swanson, Carmel, The Carmel Pine Cone, March 21, 2014, 29A
Highlight Excerpts:
When someone has filed for bankruptcy three times in the last 14 years, and once while working for the city of Carmel, earning $75,000 a year, it shows me that she does not take responsibility for her debts and files to avoid paying her creditors. Since she has shown irresponsibility with her own personal finances, how does one expect her to be responsible with the over $30 million budget of Carmel?
‘Lack of judgment,’ Gene McFarland, Carmel, The Carmel Pine Cone, March 21, 2014, 29A
Highlight Excerpts:
…still another example of the failures of city hall. Jason Stillwell has further illustrated his incompetence and arrogance. Mayor Jason Burnett is, of course, revealing his lack of judgment and management weakness by endorsing his naive view of Deanna Allen.
‘Indefensible, preposterous,’ Karen Williams, Carmel, The Carmel Pine Cone, March 21, 2014, 29A
Highlight Excerpts:
As for Jason Stillwell’s and Jason Burnett’s comments pertaining to Ms. Allen’s background: indefensible, preposterous and brazen.
Firing wrong people? Bill Hood, Carmel, The Carmel Pine Cone, March 21, 2014, 31A
Highlight Excerpts:
And, at the very least, three bankruptcies give rise to a real concern that the person involved has not demonstrated an ability to use good judgment with his or her finances, and why would such a person be continued in a position where public funds are at stake?
Doesn’t the city understand the danger of creating a perception of treating their employees differently without a clearly stated basis for so doing?
Charity should go to the poor, Lawrence Samuels, Carmel, The Carmel Pine Cone, March 28, 2014, 29A
For me, the most disturbing aspect to this story is: How are upper middle class citizens able to get food stamps?
RELATED ARTICLES:
Cost of Food Stamp Fraud More Than Doubles In Three Years April 1, 2013 - 7:06 PM By Joe Schoffstall
Food Stamp Fraud Targeted As Election Season Brings Criticism
By Lisa Baertlein
LOS ANGELES, Feb 6 (Reuters)
HUFF POST BUSINESS
02/06/2012
It would appear that the city administrator has a selective conscience when it comes to imposing disgrace or casting others in a false light prior to the time they are charged, or even given the opportunity to confront those accusing them of misconduct.
Perhaps equally disturbing is the reaction of the mayor…It has apparently escaped the mayor’s attention that the charges for the financial crimes and a subsequent conviction occurred during the period of time that he was the Mayor of Carmel-by-the Sea.
The most troubling issue raised by these events, however, is that public officials would suggest that such a story should not be run because it was not “necessary” and that such action was “bullying.” This would appear to be a blatant attempt to interfere with the freedom of the press, a freedom so vital to the American way of life that it is protected by the United States Constitution.
Highlight Excerpts:
When someone has filed for bankruptcy three times in the last 14 years, and once while working for the city of Carmel, earning $75,000 a year, it shows me that she does not take responsibility for her debts and files to avoid paying her creditors. Since she has shown irresponsibility with her own personal finances, how does one expect her to be responsible with the over $30 million budget of Carmel?
Highlight Excerpts:
…still another example of the failures of city hall. Jason Stillwell has further illustrated his incompetence and arrogance. Mayor Jason Burnett is, of course, revealing his lack of judgment and management weakness by endorsing his naive view of Deanna Allen.
Highlight Excerpts:
As for Jason Stillwell’s and Jason Burnett’s comments pertaining to Ms. Allen’s background: indefensible, preposterous and brazen.
Highlight Excerpts:
And, at the very least, three bankruptcies give rise to a real concern that the person involved has not demonstrated an ability to use good judgment with his or her finances, and why would such a person be continued in a position where public funds are at stake?
Doesn’t the city understand the danger of creating a perception of treating their employees differently without a clearly stated basis for so doing?
Highlight Excerpts:
Congratulations to Mary Schley for a fine investigative article about Carmel’s city’s financial specialist who was found guilty of food stamp fraud. Deanna Allen, who is still in charge of Carmel’s finance and payroll departments, was convicted last year of receiving almost $5,000 in food stamps even though she had a salary of $75,000. With additional money coming from her husband, her family income was almost $100,000.For me, the most disturbing aspect to this story is: How are upper middle class citizens able to get food stamps?
Cost of Food Stamp Fraud More Than Doubles In Three Years April 1, 2013 - 7:06 PM By Joe Schoffstall
By Lisa Baertlein
LOS ANGELES, Feb 6 (Reuters)
HUFF POST BUSINESS
02/06/2012
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