Ex-teller’s repayment could take 216 years|[12/05/06]
Published 12:00 am Tuesday, December 5, 2006
JACKSON – The punishment was appropriate, but Trustmark National Bank should share the blame for Astrid Warnock’s mistakes, her attorney said after she was sentenced in federal court Monday to 33 months in prison and five years of post-release supervision.
The maximum sentence Warnock could have received was 30 years.
Warnock, 51, pleaded guilty in August to embezzling at least $1 million from Trustmark’s main Vicksburg branch over more than four years. She has been free on $10,000 bond.
“The reason it was going on in the first place was because of an addiction to gambling, but where are the audits from the bank?” Warnock’s attorney, Bill Jacob of Meridian, said after the sentencing. “How could this much money leave the bank and they not even know about it? If the proper safeguards had been there, not only would she have been saved from herself, she would not have been able to be tempted.”
The amount taken from the bank has never been made clear and remains in dispute. In addition to two years and nine months in custody, Warnock was ordered to repay $1.3 million to the bank and Progressive Insurance, the firm that covered the loss so that no depositor funds were lost.
At the rate of $500 per month, which U.S. District Judge David Bramlette ordered, it would take more than 216 years to complete repayment.
The case against Warnock claimed from January 2002 to March 2006 she took the money in $10,000 increments and created false debit and credit tickets to disguise the embezzlement, a pattern that continued because the tickets were not forwarded to proper authorities at the bank. The theft was not discovered until March.
Warnock was the head teller at Trustmark’s main Vicksburg office, at Washington and Clay streets, during part of that time.
“But is that a reason or an excuse for her doing this?” Jacob said. “No. But it is certainly an explanation, especially since you have someone who is addicted to gambling and is presented with this kind of a system. Where are the bank officers that allowed this kind of a lax system to be in place? What’s happening to them?”.
Bramlette ordered Warnock, a resident of Utica, to report to a minimum security prison in Florida or Montgomery, Ala., by noon Jan. 22, based on the discretion of the Bureau of Prisons.
Jacob said after the sentencing support from family and friends and Warnock’s acknowledgement of guilt are two reasons why Bramlette opted for “the bottom of the sentencing guidelines.”
“Because of her exemplary character and because this was a situation she took responsibility for in the beginning, the court took that into consideration,” Jacob said. “It was at the bottom of the sentencing guidelines … and the court felt it was appropriate.”
Jacob also said 26 letters written to Bramlette showing support for Warnock influenced the judge’s decision.
“Had those letters not been there and had she not taken responsibility, I’m sure the court would have seen the guidelines in a different light and we would be looking at a different type of sentence than what she received.”
About a dozen supporters, including her husband, Benson Warnock, looked on as the defense and prosecution addressed Bramlette.
A portion of the restitution money will come from part of Warnock’s frozen financial assets, including $15,000 from a checking account, cash from savings accounts, certificates of deposits valued at $27,500, stocks, retirement money and a home equity loan valued at $43,900 – half of the equity in a property on Reedtown Road in Utica. A $101,000 check brought to court by Warnock and Jacob was ordered to be delivered immediately to the court clerk.
Assistant U.S. Attorney Cynthia Eldridge asked Bramlette to order Warnock to pay the money toward restitution, and Jacob did not object.
Eldridge said later she also asked the judge to consider the lower 25 percent of sentencing guidelines in making his decision.
“It’s what I expected she would get,” she said. “With the plea agreement in place, I recommended the lower 25 percent of the guidelines range, which is standard. The guidelines range is 33 to 41 months, so the judge sentenced her to 33 months. That is not unusual for someone who doesn’t have a criminal record.”
Bramlette agreed. From the bench, he praised Warnock for admitting wrongdoing and praised family and friends for supporting her.
“I know something about the character of Astrid Warnock,” he said. “I’m absolutely convinced that what these friends and family members say is true. This woman has many good qualities, and I have absolutely no doubt gambling played a significant role in this crime.”
Jacob described Warnock as a caring mother, wife and friend who made one mistake in her 30-year career as a banker.
“She has been punished severely,” he said. “She is a convicted felon, and she will carry that for the rest of her life. She has lost her job of 30 years; she has lost her self-respect; she has hurt herself, family and friends. This lady has received punishment massively at this point.”
Bramlette asked Warnock if she wanted to say anything to him, but she declined. After the sentencing, Jacob said Warnock “was glad it is over.”
Harris Collier, general counsel for Trustmark, said the bank considers the matter closed.
“We believe this brings to a close a long and thorough investigation by various law enforcement agencies and prosecution by the U.S. Attorney’s Office.”