Worthington woman convicted of theft by abusing power of attorney privileges
WORTHINGTON -- A Worthington woman was ordered to serve up to three years of probation and pay restitution to an individual she withdrew money from as his power of attorney.
WORTHINGTON - A Worthington woman was ordered to serve up to three years of probation and pay restitution to an individual she withdrew money from as his power of attorney.
Susan Madrigal, 56, was convicted Tuesday of felony theft, a charge that was filed in August 2018 following an investigation that discovered she had withdrawn more than $50,000 from a man’s banking account. She served as his power of attorney at the time.
According to the complaint, the language of that power of attorney document specified that Madrigal was not allowed to gift herself money from the accounts.
Prior to being sentenced, Madrigal expressed her disappointment in the court, saying that she was legally entitled to a sum of the money. She added that she submitted an Alford Plea - allowing her to maintain her innocence while taking advantage of a plea agreement - at the advice of her defense attorney.
“I have to plead guilty to save the rest of the years of my life,” she said, mentioning that if she were convicted by a jury, she’d face a possible penalty of 10 years imprisonment.
Fifth Judicial District Judge Gordon Moore told Madrigal the comments she made indicated to him that she believed she’d likely be convicted if the case went to trial.
“That’s because of the facts of the case, not because of the justice system,” he said.
Madrigal was ordered to pay restitution. More than $40,000 that had been secured by authorities was to be returned to the victim, leaving $8,349.09 remaining that Madrigal was ordered to pay.
She was also sentenced to 12 months and one day in prison, which is to be stayed contingent on her abiding by the terms of her probation. She was also ordered to have no contact with the victim while she serves her probationary term.