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She didn't know purpose of checks, her lawyer says
By Ed Meyer
Beacon Journal staff writer
Published on Tuesday, Apr 28, 2009
A Summit County jury heard what the defense called ''undisputed evidence'' that Mandie Pugh signed all of the many checks at issue in the continuing Evergreen financial fraud trial.
But did she know, as the bookkeeper for Evergreen Chief Executive David B. Willan, what he was doing with the money after she made those checks payable in his name?
Brian M. Pierce, Pugh's lawyer, posed that essential question to the jury in closing arguments Monday, holding up a folder of prosecution evidence at the front railing of the jury box and asking: ''How does Mandie Pugh know what David Willan is going to do with that check once she signs it over to him?
''It would be like you writing me a check and me taking that check, signing it over to someone from the Mafia, then holding you responsible for who
I sign the check over to.''
Prosecutors have said Pugh was part of what they called a criminal enterprise in the diversion of hundreds of thousands of dollars — money belonging to Evergreen investors — for the personal benefit of Willan and his girlfriends, Brianna Fullerton and Jamie Webb.
Deliberations began at 3:15 p.m. Monday, but the jury was sent home for the day an hour later without reaching a verdict.
Pugh, 33, who worked for Willan from 2002 until July 2007, according to testimony, is charged with engaging in a pattern of corrupt activity and 10 counts of money laundering.
To convict Pugh of the most serious charge — engaging in corrupt activity — the jury must find her guilty of a pattern of crimes.
Retired Common Pleas Judge James E. Murphy, who presided over the trial of Willan and the cases of 16 other Evergreen co-defendants, instructed Pugh's jury that a pattern of corrupt activity is defined under racketeering laws as two or more distinct crimes relating to the 10 money laundering charges.
No other crimes pertaining to racketeering law are alleged in Pugh's case.
After the state rested its case last week, Murphy threw out a charge of aggravated theft against Pugh in what is known as a ''directed verdict.'' Under Ohio law, the judge is allowed to issue such a verdict if there is no evidence worthy of being presented to a jury.
Assistant Summit County Prosecutors Richard Hoenigman and Colleen Sims, who presented the government's evidence against Pugh, displayed check after check in their closing arguments as examples of her alleged wrongdoing.
The total they said Pugh helped to divert — from Evergreen Investment and Evergreen Homes to another of Willan's companies, Brittain Holdings — was $638,000.
''The undisputed evidence,'' Hoenigman told the panel, ''is that Mandie Pugh was the accounting manager during all of this period.''
Hoenigman said Pugh ''moved money from account to account, she wrote all the checks, she transferred the money, she recorded the transactions, and she's guilty of all the crimes of which she is charged.''
According to prosecution evidence, Brittain Holdings was a company formed by Willan for the purchase of a Brittain Road property and strip club.
In a trial that began April 13, Hoenigman and Sims bombarded the jury with financial figures and transaction dates for the many checks Pugh wrote in Willan's name.
Two jurors were excused by Murphy for falling asleep during the presentation of that evidence.
Pugh did not testify.
But one of the witnesses called in her defense was Sandy Langer, Willan's sister and his second-in-command at the Evergreen companies.
Langer, who said she has a doctorate in counseling, told the jury that Willan made all business decisions for his companies, in addition to all authorizations to transfer money.
When Pierce asked Langer to describe Pugh's role with Willan's companies, she answered: ''When she was told to, she wrote checks.''
Pierce also called Pugh's father to the stand. Jeffrey Pugh testified that he and his wife invested $120,000 with Willan's Evergreen Investment firm and, except for high-yield interest payments, lost all of it.
Stressing that testimony in his closing argument, Pierce said it showed Pugh could not have purposely diverted any funds because her own parents had a large stake in Evergreen.
Willan was convicted in December of dozens of counts of mortgage and securities fraud in connection with his Evergreen companies. He is being held at the county jail as he awaits trial next month on the final round of charges in the case.
Langer pleaded guilty in July to two counts of dealing in unlicensed securities and one count of securities fraud.
Willan will be sentenced by Murphy after his second trial.
Ed Meyer can be reached at 330-996-3784 or emeyer@thebeaconjournal.com.
A Summit County jury heard what the defense called ''undisputed evidence'' that Mandie Pugh signed all of the many checks at issue in the continuing Evergreen financial fraud trial.
Get the full article here.
Comments
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akron , oh
Posted 06:26 AM, 04/28/2009
I predict a not guilty.
Posted 08:01 AM, 04/28/2009
she only did what she was told to do by her boss,,,she will walk you can't convict someone for doing what they are told by the owner of the company..
My Heart Is In K-Town, .
Posted 09:51 AM, 04/28/2009
just doing what you are told does not justify a not guilty plea, that's simply ignorance...lack of evidence will allow her to walk.
Posted 10:52 AM, 04/28/2009
These trials have cost Summit County an incredable amount of money and most of the defendants were found not guilty. Couldn't the counties efforts and resources have been better used to help those affected by the housing crisis?
a, oh
Posted 11:38 AM, 04/28/2009
Pac Man- Actually in many crimes doing what you are told is a defense. This is one of those situations. These crimes require a certain mental state to create culpability. If she doesn't know her efforts are being used to further a criminal enterprise, she is not guilty. If you were right, why would Pierce make the closing statement he is reported to have made?
Posted 11:50 AM, 04/28/2009
Uh Marcia, hate to dispute your statement but everyone has been found GUILTY with the exception of Borodkin and the jury is still out on Pugh. You should get your facts straight before running your hole. Willan, guilty of 68 counts already with more charges pending. Connor, plead guilty to 23 felony counts, Willan's sister plead guilty, all 4 appraisers plead guilty, Hyatt plead guilty, the loan officer plead guilty. I CALL THAT EFFECTIVE PROSECUTION NOT WASTEFUL
a, oh
Posted 11:56 AM, 04/28/2009
Willan is on appeal, the appraisers pled to diversion. Read most of these posts, when the prosecutor asks you if you want a slap on the wirst or risk your personal freedom at trial with a jury of your "peers" many people choose the slap on the wrist instead of putting their faith in the system. I don't blame them.
Akron, oh
Posted 12:30 PM, 04/28/2009
ya folks this isn't Nuremberg. we are not talking about Nazi's taking orders to kill people and using this defense. If you can say you know 100% what your employer does 24 hours a day and who he associates with and what he does with his money....well I'm just gonna say you are a fool or a liar.
I have yet to see more indictments in the Madoff case. Which means the government seems to think HE was able to pull that off with no help from his entire professional highly educated staff. And I don't not see anyone calling BS on this much.
And lets not forget one word that makes all the difference in my opinion....Bookkeeper.
We are not talking about a CPA or even a CPA firm here. We are talking about a "bookkeeper". Historically a person one figures will not steal from you and knows how to add and subtract.
It goes a long way in showing Willan's intention as any normal legitimate businessman would have had an actual accountant deal with amounts this size. But in this case I feel Willan knew and accountant with more sophisticated understanding of finance would have cried foul. So he chose a "bookkeeper" instead that he could easily keep in the dark.
This should clearly be a "not guilty" verdict.
Norton, OH
Posted 04:07 PM, 04/28/2009
The truth is, most of the folks that entered into a plea agreement were totally innocent....just doing their jobs. They ran out of money trying to prove their innocence, so they took a plea. It's a disgrace that the Summit County Prosecutors and Sheriff Dept. went after these folks, when the FBI looked at the case and walked away. This should have been a civil case...not a criminal case. Mandi is innocent....she was just writing the checks she was told to, that was part of her job. I don't think people realize that these innocent people had to spend at least $30,000-$60,000 to hire lawyers, and expert witnesses. How can ordinary working folks afford those kinds of expenses....It's too bad they all couldn't have gone all the way. The prosecutors spent hundreds of thousands of tax dollars on this case, and they had no knowledges of real estate law nor did they bother to get any experts in real estate law to see if they even had a case.....Now they don't want to stand there with egg on their face....
Akron, oh
Posted 04:53 PM, 04/28/2009
Gee "Seasons" how are they gonna get re-elected if they can't pad their conviction rate with low hanging fruit that can not afford a proper defense thus making them easy to bully into a plea.
