FULL STORY: Judge surprised that theft at HLSCC went unnoticed for 2 years
BVI News Staff - Tuesday, March 27th, 2012 at 10:42 AM
College messenger Febby Merry was sentenced to 12 months in prison and was ordered to compensate the H. Lavity Stoutt Community College $16,377.11 by High Court Judge Justice Rita Olivetti on March 27.
The judge ordered that the compensation of the balance of money owed to the college be made one year after his release from prison; in default he would spend six months in prison.
Prior to the rendering of the sentence, Merry’s lawyer Patrick Thompson said Merry made at least 70 percent restitution before the matter went to court.
Thompson said that his client lost his good name and the employment he has held for 18 years, and the punishment he faces will continue after the completion of his sentence. The attorney also asked the court to be lenient.
In making her decision, Justice Olivetti said the maximum sentence is 10 years in prison, however she says that the court exercises discretion and looks at all of the circumstances of the case.
The judge also opined that there was no risk of the defendant offending again.
In what she termed a general comment, the judge said that it strikes her as a surprise that the situation went on at the college for two years without anyone detecting it.
“You send someone to the bank to make a deposit… it is strange that no one checked the deposits…. so maybe if a system was in place, Mr. Merry might not have done wrong,” she said.
The judge recapped that Merry told the court that he took full responsibility for his actions, cooperated with police, apologised, and began to repay before the matter went to court. She also noted that character witnesses testified that the defendant, prior to the case, was a person of good character.
It was however stated that the defendant’s actions were a breach of trust, considering his job as the college messenger and the fact that the occurrence occurred more than once.
Merry was employed as a messenger at the college when it is alleged he stole money within the period of February 6, 2007 and May 20, 2008.
It was alleged that on March 18, 2010, the director of Internal Audit reported to the police that the president of the college disclosed discrepancies to the college’s account. The discrepancies were noted in the college’s bank deposits and an audit was later done which confirmed the president’s claim.
Investigations were carried out. The defendant who was employed at the college for 18 years as a messenger was subsequently terminated. The investigation revealed that at the end of the day funds from the college’s fiscal department, book store, bakery and cafeteria were handed over to Merry for deposit.
It was stated that Merry would sign a log to prove the monies were handed over to him and he would receive deposits containing checks, credit card receipts, and cash proceeds from the various departments.
Further investigations from Banco Popular and First Bank stated that cash and checks never made it to the bank and were signed out by the defendant.
According to investigations, $81,472.82 in cash was unaccounted for and $4,885 in checks was unaccounted for.
Merry gave a signed confession to the president admitting to taking the monies. He repaid the college $50,478.67.
On July 5, he was arrested and charged for suspicion of theft. On July 6, a search warrant was executed and various construction type receipts were confiscated from his home.
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23 Comments
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This is not even poor oversight;it is an egregious example of no oversight. There was no internal or management control. Was the messenger receiving the cash and cheques, maintaining the books, and making the bank deposits? This is an utter failure of the system. There was a total breakdown of leadership and management.
And many need to be held responsible and accountable. As a minimum, many in the supervisory chain should get letters of reprimand. This cannot be HLSCC finest hour. The messenger admitted to the crime and is being punished. But the lax system contributed to the theft. There was no deterrent;it was occurring for too long. Was accounting all asleep?
live one day at at a time god will be with u
He admit it, so lets pray for our families and our children and move on, lest we fall into the same our similar situation. Remember the devil does not respect anyone!
Pardon my stupid question, Who was doing the accounts? I rest my case.
The college give him a job on the merits of honesty and he should have up hold it. The president is a wonderful person and no weapon form against him will prosper.
What is not yours leave it alone. The time given is to short for the amount of money stolen. Hope he learns a lesson
Dis only means … aint getting no time dem what ah cross wid dis country, mi boi … u need to give back dem things u take n u would not get any jail time,12months dis man was going church every sunday n robbing the collage wellsha! mehson meen playing wid good!
I always maintain that in order for Mr. Merry to steal that money, there had to be other people involved. The accountants writing up that deposit don’t collect a receipt after the deposit is done? Ok the receipt got lost (somehow), in this day and age, you don’t do internet banking? Ok no you don’t so has the bank stopped sending out monthly statements so that you can reconcile your accounts? Ok you don’t receive them , maybe the post office workers eat your mail. At what point do you check to see whether the monies are deposited as should be? When do you check the balance in your account? This is rubbish, and its time these people when they get caught that they should not go it alone. Call names and let everyone pay for their part of the crime.
Yeah, what Febby did was wrong, but at least he admitted. The prez at the college is so bias “just wait they going to rob your neck tie off of you while you there being one-sided”, word on the street is they caught the … man stealing goods from the college book store and he … aint do a thing about it, the man in there thieving when he supposed to be doing …work what a thing, son of a gun did not know that cameras were on, hmmm. Up to today … man still on the job. Now people on here killing Febby, Why? Because he not from here….HOLD YOUR HEAD UP FEBBY, more to come soon
Who was watching the hen house? It’s totally ridiculous that a messenger was allowed, and yes I said allowed, to steal allegedly over 81 Gran over a period of 15 months without a single person, including the Director of Internal Audit, not noticing this grand theft after such a long time until it came to his/her attention that cash & checks signed out by the defendant never made it to the bank!
That’s outrageous, and demonstrates clearly that there was lack of close oversight of the college’s finances. Someone was not doing their jobs, and their heads need to roll for this if this has not occurred already. Thankfully, they got back about 51 Gran.
Until businesses & institutions do a better job of securing their finances, we will always be reading about yet another thief in the news because that’s the unfortunate status quo among many: steal if you can get away with it. Steal hoping you never get caught. It is a very sad state of affairs in this place where sticky fingers appears to be everywhere.
The college president and board needs to go and look for the rest thief they have up there. Febby left and they are still missing money. They need to look for the rest of their files that is missing and cannot give account for. Come clean let the public know how much money that is missing and who took the rest.
many there be which say of my soul there is no help for him in God. But thou oh lord are a shield for Febby, his glory and the lifter up of his head. He will not be afraid of ten
thousand of people, that have set them selves against him round about. So dont worry about him and make sure your life is clean.
HE GET TO GREADY HOW IS DAUGHTER GOING TO FEEL KNOW IF HE HAS TO GO TO JAIL SHE GROW UP HEARING UR DADDY IS THIEF.WAS HE THING ABOUT HIS WIFE AND KIDS AND WHAT WILL DO TO THEM.I WENT SCHOOL WITH FEBBY I WOULDNT ESPECT THAT FROM HIM.BUT HAS I SAY HE GOT TO GREEDY
What kind of broken, mashup writing you got going on here?
Your spelling makes me wonder if you really did go to school.
yOU ALL NEED TO STOP THAT MAN DID NOT STEAL THE MONEY PRAY AND GOD WILL SHOW WHO STEAL IT. STOP PUBLISHING JUDGEMENT ON OTHER PEOPL WITHOUT FACTS.
Umm it does say in the article that he ADMITTED to stealing $43,000.
Well if he didn’t, he would not have pleaded guilty.
It is shameful that people come to this country to make there life better and do stupid stuff. He is not from the BVI and was employed by the BVI Government and so many BVIslanders want Government jobs and can’t get one. This is what happens when we don’t trust our own. I do hope if he is found guilty the Govenment put him on a plane once he have served his time. We need to demand more from people who we welcome shores. Stop the crap.
another one will be ever so sorry he has to leave this little ROCK
u so damn ignorant!!!!!!!!!!!!!!!
boi u see people walkin around u don’t know wat they are up to that why u can’t envy anyone for what they hav jus trust god cost all ur care on him he will direct ur path
what was this guy thinking febby u is wrong to the money if u had wanted money, u could have ask look at what happen now u loose
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