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Embezzlement of Virginia 18.2-111 Federal Mail Fraud Money Laundering
V. Rodis Commonwealth (Va. Ct. Application. May 11 2010)
Defendant, a Catholic priest, requested funds for purposes other than church, that made its own use. He pleaded guilty in federal court to one count of mail fraud and one count of money laundering. The defendant was then indicted in state court with 13 counts of embezzlement, of which three were nolle prosequi prior to trial. The trial court denied defendant pretrail plea in bar to dismiss the charges pursuant to Virginia Code Ann. § 19.2-294. The statement of facts establishing the facts indicates Rodis federal prosecutors opened an unauthorized bank account in September 1995, retains exclusive control a top box office since 1998 and during the period September 2002 to August 2006, was involved in a scheme to defraud his parishioners through the application of funds and deposit such funds in the account maintained. Rodis also admitted diverting funds for personal use for wiring to a personal bank account out of state. In the state prosecution, Rodis was convicted of ten counts of embezzlement for exercises ten times different. The first period began April 1, 2003 and ended last January 31, 2006.
The record reveals appellant was prosecuted under federal statutes, prior to initiating the prosecution of state. "[A] conviction of a legal offense does not preclude conviction under another statutory offense if each crime could have been tested, without having to prove the other. "To convict Rodis" fraud ail [m] under 18 USC § 1341, "the government had to demonstrate" (1) the existence of a scheme to defraud and (2) the use of the mails. . . in adherence. To convict Rodis money laundering, the federal government had to prove that (1) was carried out or attempted to conduct a financial transaction, (2) The transaction involved the proceeds of specified unlawful activity, (3) knew at the time of the transaction property involved the proceeds of unlawful activity, and (4) was intended to conceal the nature or origin of funds. See 18 USC § 1956 (a) (2) (B) (i). To establish the crime of embezzlement in Code § 18.2-111, the Community should prove that the accused wrongfully appropriate to use your own benefit or, with the intention of depriving the owner, the property entrusted or delivered to the defendants. Even for the two periods that overlap between the various charges, embezzlement of the various funds was an act other than acts of money laundering and sending funds through the mail. Although federal charges require demonstrating that Rodis illegally obtained money, the evidence needed to prove federal crimes was different from the burden of proving the state crimes. Therefore, the acts involved in misuse of funds in Virginia were not same as the federal charges money laundering and participating in mail fraud. Thus, the trial court did not err in denying the request of the bar.
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