New charges filed against Mitchener

Thursday, June 11, 2009

By JAMIE BARRAND, Editor

Mitchener

Five new felony charges have been filed by the state against a Roachdale woman accused of stealing more than $56,000 from Putnam County's Old National Trail (ONT) special education cooperative.

In addition to the Class C felony corrupt business influence and Class D felony charges she was already facing, Tammy Y. Mitchener, 33, is now charged with four counts of Class C felony forgery and one count of Class D felony official misconduct.

Class C felonies are punishable by up to eight years in prison, while Class D felonies carry a maximum sentence of three years.

Mitchener was accused of writing $56,639.16 in checks to PC Technologies -- a dummy corporation Mitchener created and set up a bank account for -- from the account of Old National Trail Special Education Cooperative, where she was employed as the treasurer from July 2007 to November 2008.

The thefts are alleged to have occurred between Feb. 24, 2008 and Oct. 31, 2008.

According to an affidavit of probable cause filed Wednesday in Putnam County Circuit Court, a follow-up investigation was conducted Wednesday. That investigation turned up two checks totaling $14,650.49 that had actually been written to P.C. Technologies, but had been recorded as having been for payments to the Indiana Department of Revenue. The checks were dated Oct. 20, 2008 and Oct. 31, 2008.

The investigation was headed up by Putnam County Prosecutor's Office investigator Charles Bollinger, who was assisted by ONT deputy treasurer Dana Bumgardner.

"A review of ONT bank records shows check No. 1556 is mostly handwritten," Bumgardner said in the affidavit. "It is made out to P.C. Tech in the amount of $7,044.33. Bumgardner advised me that ONT records, which Mitchener was responsible for, show that No. 1556 went to the Indiana Department of Revenue for withholding taxes. Bumgardner said that Mitchener did not have authority from her or anyone else at ONT to change the terms of the check to P.C. Tech, and the Indiana Department of Revenue was not paid using this check."

The same was true for a second check, court records said.

Two charges of forgery were filed for each check -- one because Mitchener wrote the checks in the first place, and one because the checks "purported to have been made by authority of one who to did not give authority, to-wit, Dana Bumgardner," the affidavit said.

On May 19, Mitchener's attorney, Robert Perry, filed a motion to dismiss the corrupt business influence charge. Perry argued that for such a charge to be valid and enterprise had to be involved, and because Mitchener was an individual she could not be considered and enterprise.

A response from the state prepared by Deputy Prosecutor Justin Long was filed last week. Long said the charge should not be dismissed.

"Tammy Mitchener did not just commit a simple theft," Long's response said. "She did not steal checks from Old National Trail and cash them. She set up a fake business with a name similar enough to a current vendor as to not create suspicion from her superiors and to help cover up her crimes.

"It's this type of behavior that goes above and beyond a simple pattern of theft," Long continued. "P.C. Technologies is an enterprise under both the federal and Indiana definitions."

In addition to the checks she allegedly wrote to herself, an audit done by the Indiana State Board of Accounts showed that ONT lost more than $52,000 in penalties and interest paid to the Internal Revenue Service and the Indiana Department of Revenue due to Mitchener's negligence.

Mitchener is set to be in court for a change of plea hearing on June 25. She was arrested on Dec. 2, and was released from jail that day after a family member posted 10 percent of a $10,000 bond.

Comments

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As this case unfolds I cannot help but be pleased that this lady will finally get what she deserves, but I also know that her and her husband Brock continued to spend the money as if it was rightfully theirs and he too should be charged for theft. Their house, cars, etc should be sold and the money should be given to ONT.

-- Posted by bluntbuthonest on Thu, Jun 11, 2009, at 12:30 AM
you know the family has to know , Oh honey we have an extra $1000.00 in the bank, where did you get that new car on a small pay check, let's fly on vacation, COME ON! do they expect us to be that Stupid?

She is pretty , i give her that.

-- Posted by Sand mann on Thu, Jun 11, 2009, at 7:42 AM
Yeah I really think she feels bad for what she did.....ummm not! I just saw her this weekend at Metropolis Mall in Plainfield shopping with her sister! Wow the whole thing really didn't slow her down huh. Absolutely no remorse for what she did! Pathetic....

-- Posted by gemfem on Thu, Jun 11, 2009, at 8:30 AM
I do not know this woman or her family. But, from the comments, I know Putnam County people. For heaven's sake, have some compassion for her and for Mr. Frisbie. She needs to pay all the money back, maybe spend a little time in jail and then be on probation like Frisbie. There is absolutely no reason to hand down long prison sentences to people like this for first offenses. The unforgiving attitudes in this county (especially toward Frisbie) are amazing.

-- Posted by not gullible on Thu, Jun 11, 2009, at 8:31 AM
Pretty??? Pretty is as pretty does....Go Figure!!

Maybe she will stop looking down her nose at people now!!

-- Posted by horsepower on Thu, Jun 11, 2009, at 9:03 AM
oh please Gullible....why are you trying to tell us what we know about this woman and the wreckage she has left behind? Love the trying to stand up for her thing but please....don't waste your time. We Putnam County people who know her can say what we feel because we know her on a personal level...then are you telling me that because the premeditated stealing from funds for special education knowingly taking money from school systems in need to buy the latest coach purse was the first time she did something criminal that it is just a slap on the wrist oh don't do that again please is the way to go.....seriously!

-- Posted by gemfem on Thu, Jun 11, 2009, at 9:13 AM
not_a_native: My heart goes out to her children. However, I cannot help but think that they need to be removed from their environment if they want a fighting chance of being a productive member of society. With parents like this, they will learn that stealing is okay as long as you don't get caught... and if you do, well its only a couple of months in jail, so, no big deal. I think that Brock and Tammy both need to be locked up and made an example of, ONT receives Federal and State funding, I certainly didn't need to pay for Brock and Tammy's house, cars, clothes and kids. In the end, I am willing for my tax dollars to support their children as long as their parents are secured in lock down. This was an elaborate scheme, I highly doubt that this was their first time stealing. One doesn't start by robbing a bank!

-- Posted by bluntbuthonest on Thu, Jun 11, 2009, at 9:15 AM
This was an elaborate sceme, one with much thought was put into. I think some kind of criminal mischief or something to that affect should be added to this. She did not just one day wake up and say "oh I think I'll steal money today" she though , plotted and planned this outrageous scam and is a sneaky, scamming, thief of a woman. She should be ashamed to show her face in public, and I don't think she is cute at all.

What comes around goes around though, so someday she will get what is coming to her hopefully at sentencing. Maybe some of the handicapped children she stoled money from should be at her sentencing hearing so she would be able to look into their faces and apoligize.

-- Posted by dcsaiht on Thu, Jun 11, 2009, at 9:32 AM
I think she will get jail time for what she has done especially since she created a dummy corporation. At first thought since Tammy wade got off she would too. But she has no one to blame but herself. Does anyone know if she is having a jury trial? I thought I read that she was, if so whats the point? I think they will make an example out of her. I feel sorry for her kids.

-- Posted by YNOTU2 on Thu, Jun 11, 2009, at 10:38 AM
Are you kidding me???? She stole over $56,000. from the ONT, children with special education needs, to give to her own children and family. Not to mention the amount of $52,000 that ONT had to pay in fees for penalties and interest to the IRS. She needs to pay for all her actions, if that means selling her "assets" then so be it.

-- Posted by crazyal10 on Thu, Jun 11, 2009, at 11:13 AM
WOW After the former director of ONT lost her job over Cindy Pienta taking $64,000+ from ONT. They hired Nancy Holsapple because "she would not let something like this happen" OOPS - Will Mrs. Holsapple lose her job?????

-- Posted by Taxpayer5253 on Thu, Jun 11, 2009, at 11:30 AM
Frisbee is old hat and has nothing to do with this case, try to stay on the subject. Who cares how pretty she is or isnt. ?That is immaterial. Her kids are the only concern anyone should have at this point. And for her husband why bring his name up??

Like I said before some major counseling is in order. Throwing her in jail is not the only answer. She will pay for her crime I feel sure but it will have nothing to do with your comments on here.

-- Posted by skittlebug on Thu, Jun 11, 2009, at 11:44 AM
All these cases like this I keep seeing in the banner makes me wonder? How many folks in this community have stolen money from their jobs and gotten by with it? Don't people that work with money have to be finger printed and bonded and insured? I worked finance jobs for many years at banks and finance companies and I always had to get a drug test-finger printed and bonded and insured before starting a job working with money.This only makes sense for any employer to do these things before hiring someone working with money.To me this a a no brainer. If, I owned a business of any kind of would want to know I had some security of knowing I could trust anyone handling money.Also I don't understand co workers working around these people don't see red flags in the workplace. And I know if I had extra money in my checking account or started spending more money than usual my husband would be questioning me about it. Or if all of a sudden he was spending money more than usual I would be on top of it as well to where he was getting it from. Is this a new illness?

-- Posted by peace2019 on Thu, Jun 11, 2009, at 2:49 PM
To YNOYU2, Tammy Wade did NOT "get off" she works hard almost everyday (well every day that the community corrections allows her to work) in this community trying to pay back her debt! Not to mention the fact that she has been shunned by most all in the community, a community of which she still has to face thru her children and her family. Tammy will live with her actions for the rest of her life! The best part is, she has found reform and has accepted her wrongs and she works everyday to correct them! So she did NOT "GET OFF" what a ridiculous thing to say! Oh and by the way...For those who just love to call the court house every single time you see her out having lunch or at the grocery...News flash...She is allowed to eat and she is allowed to shop!! Mind your own business!

-- Posted by thistownsucks on Thu, Jun 11, 2009, at 2:52 PM
Stop defending her...Sad fact is she stoled money from her employers....for what reason...who knows and does it matter....for every action there is a consequence...no matter how small or LARGE the action is. I hope her kids are doing well. I see nothing wrong with praying for them or her for that matter. That family needs prayers.

-- Posted by citizenoftheworld on Thu, Jun 11, 2009, at 2:59 PM