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March 24, 2010 | Dayton Courts: Legal and crime news
 

Home > Blogs > Dayton Courts: Legal and crime news > Archives > 2010 > March > 24

Wednesday, March 24, 2010

Antioch Shriner embezzlement case leads to guilty plea

DAYTON — A Huber Heights woman accused of embezzling $478,000 from the Antioch Shrine pleaded guilty Wednesday, March 24, to one count of bank fraud.

Wanda Fox, 67, who worked for the Shrine, appeared before U.S. District Senior Judge Walter H. Rice, who set sentencing for June 25, according to Carter M. Stewart, U.S. Attorney for the Southern District of Ohio.

Using a check writing computer software program at her workplace, Fox fraudulently created approximately 192 checks in various amounts totaling approximately $468,287 from the period of April 2002 until August 2009. The checks were made payable to Fox, her husband or “National City Bank” and were drawn on Antioch’s National City Bank checking account, according to the statement of facts filed with the court.

Fox would then travel to various local National City Bank branches, where she would deposit them in a personal checking account or cash them, the statement said.

On four separate occasions, Fox also withdrew a total of about $10,000 from Antioch Shrine’s accounts. Fox fraudulently represented to National City Bank that she had the authority to withdrawal money. Fox used the fraudulently obtained funds to pay for her personal expenses, to pay off debts, and for other unlawful purposes, the statement said.

Fox was arrested on October 21, 2009 and has been free on bond since her arrest. She faces a sentence of up to 30 years imprisonment, a fine of up to $1 million, and up to five years of probation. Her plea agreement requires Fox to make full restitution to Antioch Shrine and National City Bank.

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Woman in child porn case sentenced to 20 months

DAYTON — A local woman accused of enticing an Arizona teenager to make child pornography by emailing her a picture of his penis was sentenced Wednesday, March 23 to 20 months imprisonment.

Kendra L. Sasser, 33, pleaded guilty July 29 to one count of possessing child pornography, could have faced up to 10 years in prison, but also could have been given probation.

U.S. District Judge Thomas M. Rose said he would allow Sasser to voluntary surrender to federal authorities at a later date, and would recommend that the U.S. Bureau of Prisons sent her to a camp facility instead of a prison.

Rose said he struggled with the sentence, noting that Sasser did not have a criminal history and did not appear to be a pedophile.

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Kendra L. Sasser

“I don’t conclude that a sentence anywhere close to 120 months is necessary,” Rose said. “I also don’t conclude that probation is appropriate.”

Sasser, who wept throughout the hour-long hearing, began sobbing loudly. So did her family members, including her grandmother, who earlier begged Rose not to incarcerate Sasser.

The boy was 16 at the time of the Internet communications, which occurred throughout August and September 2007. Assistant federal public defender Tom Anderson told Rose that a 16-year-old can consent to sex with an adult, both under federal and Ohio law. He said that contradicted the child pornography laws, which state that no one under 18 can consent.

The boy does not see himself as a victim and said he felt no harm from the incident, Anderson said.

Assistant U.S. Attorney Brent Tabacchi told Rose that the incident was not an isolated one, and that the government had learned of two other “victims,” including another teenage boy in Oklahoma. But Anderson said there were no charges filed because there had been no exchanges of pornographic images.

Sasser declined to make any statement during the hearing.

Sasser was arrested Sept. 25, 2007 at her Miamisburg home, 28 S. Ninth St. A federal magistrate placed her on home detention days later, and she has been living with her grandparents and wearing an electronic bracelet for the past 22 months, according to assistant Federal Public Defender Tom Anderson.

Sasser has also been in counseling to deal with several issues, Anderson told Rose.

Sasser had been in contact with the boy, who lived in Yuma, for several weeks and the two exchanged explicit photos, according to an affidavit filed by FBI Special Agent Scott W. Warren.

According to the complaint, Sasser used MySpace.com and XBox LIVE to entice the boy to produce images and videos of himself. During an online chat session Aug. 10, 2007 with him, Kendra Sasser noted she had been disappointed to learn his age.

The investigation started after Sasser’s husband, Ron, contacted the Montgomery County Sheriff’s Office on Aug. 6, 2007. He said his wife was having sexually explicit communications with minor males via the Internet, according to the affidavit.

Ron Sasser had been monitoring his home computer since late July, when he installed software designed to capture and record keystrokes.

She was using MySpace to chat with the boy when the discussion about his age occurred, according to the affidavit. The two were chatting online Aug. 27 when she sent the boy a picture of her face. He asked for more pictures.

According to the affidavit, she responded: “This last pic is 4 ur personal enjoyment grinzz you gotta make sure this last pic no one sees okay?” she wrote. “You might wanna hide this one. You can’t let parents see it or ur screwed srsly!”

Sasser downloaded a picture of her genitals from her cell phone and e-mailed it to him. They then continued in sexually explicit conversation.

“It’s weird because of the age difference and because you live on the other side of the country, that’s what’s weird,” the boy wrote in the middle of the conversation.

“Ohhhhhhh now who is bringin up the age thing?” she responded.

On Sept. 4, she asked the boy for a picture of his genitals. He sent one. After Sasser asked for another, he sent a second.

During their online chats, the two also discussed using Xbox LIVE video chat to give a “free show to each other.” The boy said he did not have the money.

On Sept. 11, Sasser bought a $40 gift card from a Game Stop store in Centerville and mailed it to the boy.

GameStop determined the card was used Sept. 14 to purchase an Xbox LIVE Web camera from an EB Games store in Yuma.

The boy’s MySpace profile identified him as 16 years old in 2007. The FBI confirmed his age through the registrar at a high school in Yuma, according to the affidavit.

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DPS desegregation case ends after 38 years

DAYTON — The Dayton Public Schools unequal education case, filed by the NAACP in 1972 and settled nearly eight years ago, came to a close on Monday, March 22.

U.S. District Senior Judge Walter H. Rice, in his ruling Monday, agreed with the school district that his jurisdiction over the settlement agreement ended in 2007, effectively ending the case.

“We’ve come to a resolution that in the end will help our school district,” said Superintendent Kurt Stanic.

NAACP local president Derrick L. Foward said he was not disappointed in the ruling and held a joint news conference with Stanic, incoming Dayton Superintendent Lori Ward and Dayton school board President Jeffrey J. Mims Jr.

“We’re going to stand in solidarity to continue to work together as the NAACP and Dayton Public Schools,” Foward said Wednesday at NAACP headquarters on West Third Street. “There will still be in place some accountability as it relates to the monitoring of the school district,” Foward said.

The 2002 settlement between the NAACP, the district and the state, also ended busing for racial balance. It shifted the focus from racial balance to the quality of education, with a five-year plan for improving academics, estimated to cost $30 to $35 million. The settlement also gave the district $32.3 million in state funds.

The promise of new schools helped convince the NAACP to agree to drop the desegregation order.

“I’m glad we ended so we could get some new schools, better facilities,” said the Rev. Renee Sheppard, a 30-year Dayton community volunteer attending the press conference.

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