Former youth league official pleads guilty to grand theft
By Moryt Milo
On May 13, in the Santa Clara County District Courthouse, former Campbell Saratoga Youth Football League (CSYF) President Kimberley Marshall pleaded guilty to the charge of grand theft by an employee. The exact amount missing from league coffers is still in dispute.
"No one really understands what the correct numbers are," said Santa Clara Deputy District Attorney Erin West. "But it looks like more than $20,000."
Confusion as to the amount stems from the unrecorded cash received during ticket and snack shack sales, which was never deposited into the league's bank account during the 2000-01 football season.
But Steve Driggs, league president from 1996 to 1999, said the cash received from league sign-ups can be determined because a record is kept as to the method paid by each family, either as cash or by check, and the number of children who signed up during the league season.
"When we turned over the books to Kim, there was $1,400 in the bank," Driggs said. "But $30,000 came in through sign-ups and sales, and it can be seen in the bank statements."
West acknowledges that the records show 200 children signed up and paid, but how the money was spent remains unclear.
"We know some of the money went out for legitimate expenses, and the rest was stolen," she said.
That unknown figure is what needs to be hashed out between the DA's office, Marshall's defense and the league. There will probably be a compromise number, West said.
The DA's office plans to review the information with CSYF League Vice President Santa Vaccaro and present a figure to Marshall's defense.
Santa Clara County Public Defender Berny Saucedo, Marshall's attorney, said, "Once we receive the information from the DA, we will look it over and see if the amount is agreeable. We may also need to have one of our investigators or an accountant review the information before it can be finalized."
Prior to the May 13 hearing, Marshall was supposed to have made partial restitution by putting into trust $8,000 to $9,000, but this did not happen.
Her family tried to help her secure a loan but was unable to assist her in meeting the necessary requirements, Saucedo said.
"The issue here is a woman caught in a financial bind," he said. "This wasn't someone on drugs or alcohol. It was a woman caught up in a messy divorce."
But Driggs said her actions justify "her going to jail."
The DA's office agreed to reduce the maximum jail time from three years down to one year, West said. But how much time she serves, if any, will be determined at a subsequent court hearing. The next scheduled hearing is June 14.
Many CSYF families and coaches were upset in the delay in charging Marshall with the crime and are concerned that she may only receive probation and only be required to pay restitution.
"She wasn't trying to hide anything from anyone," Saucedo said. "This was a woman writing checks for obvious things like her cleaners. I see it as a woman going through a difficult time and crying out for help."
But families affected by the incident say it sends a bad message to their children.
"If she is not punished for her crime and only pays restitution, do we go back to our community and our kids and tell them, 'If you get caught stealing, you only have to pay back what you stole,' or, better yet, 'only what they can prove'?" Driggs said.
Campbell, California
