Saratoga News
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Tsutsumi sentenced to 3 years for misappropriation of funds
By Jason Sweeney
Diane Tsutsumi, 60, a popular former West Valley College physical education department chairwoman, was sentenced to three years in state prison June 29 for misappropriating state funds and filing a false tax return.
A large group of Tsutsumi's friends were present at the sentencing, and some broke into tears. Tsutsumi's supporters continue to vouch for her honesty and her trustworthy character despite a plea of no contest to the charges and the payment of $372,456 in restitution.
An investigation by the West Valley-Mission Community College District Police Department and the Santa Clara County District Attorney's Office determined Tsutsumi had rented out the community college's tennis courts to private tennis academies between 1997 and 2004 and then spent the proceeds on personal items, including artwork, golf clubs, luggage and a new kitchen sink for her home. Investigators also determined Tsutsumi had filed fraudulent personal income tax returns with the state of California that failed to disclose income from the tennis courts.
Tsutsumi was arrested June 21, 2005, and charged with nine felony counts that had her facing a possible 10 years behind bars. A deal with prosecutors reduced the sentence to three years provided she pay full restitution of $319,640 to West Valley College and $52,816 to the California Franchise Tax Board.
"This was a seven-month-long forensic accounting that looked at what money she received and how she spent it," deputy District Attorney Dale Lohman said. "Contrary to what her friends believe, the money was spent for her personal benefit."
Lohman said the actual time Tsutsumi will spend in prison would be about a year and a half.
"She has good and loyal friends," Lohman said, "but my responsibility is to the taxpayer. There are over 1 million taxpayers in Santa Clara County and my obligation to them is to seek justice on their behalf. It was the taxpayers who were defrauded. These were public monies that were stolen for personal use."
Judy Strozza became a close friend of Tsutsumi after meeting her at a tennis class at West Valley College. Strozza said the sentence Tsutsumi received was undeserved. "You have an entire community here that supports Diane and her character. We are just devastated," she said.
"What Diane did was not malicious," Strozza said. "She took a mediocre physical education department and turned it into a first-class operation. What she did was for the benefit of the students at West Valley and for the community."
Strozza said she and others believe Tsutsumi was putting the money from the tennis court rentals back into the athletics department and was not spending it for personal use. She said Tsutsumi lacked an understanding of accounting and had co-mingled money from the rentals with her own. "That's how this whole thing happened," Strozza said. "She really believed she was doing the right thing for the school. She agreed to a plea bargain because the cost of fighting the charges was astronomical."
Strozza said she had taken classes and used the facilities at West Valley College for 30 years but will no longer register for classes or programs there. "Diane gave her whole life to that school," Strozza said. "Since she has gone, things have deteriorated at West Valley."
A statement regarding Tsutsumi's sentencing released by the college said, "The West Valley-Mission Community College District regrets this unfortunate case and its impact on the West Valley College community. The administration and trustees accept the court's ruling and consider the matter closed. Changes have been made in the district's facility use and fiscal procedures to help prevent any future incidents of this type from happening."
