-
Andrea Guin
A Nederland business owner told a Jefferson County criminal court that his secretary stealing more than half-a-million dollars from his business not only invoked a federal audit of his finances, but also resulted in a lengthy delay in the senior citizen’s planned retirement.
“She stole years of my life – years I’ll never get back,” Harry Stark, owner of Diers and Stark Inc., said while looking straight at former employee Andrea Guin from the witness stand in Judge Raquel West’s 252nd District Court on June 12. “If she was able to give back $500 (every month), it would take her 83 years to pay it back.”
Guin, of Port Neches, was indicted for felony theft on allegations of embezzling more than $500,000 from the employer who had kept the then-43 year old on the payroll for eight years as the secretary of his Nederland-based business.
Testimony presented in court revealed that Guin stole a company checkbook and began forging the owner’s name to checks made out payable to herself. According to a presented probable cause affidavit, from 2017 until 2020, Guin wrote herself 274 checks amounting to $525,899.65 that were deposited into her private account at 5 Point Credit Union.
Guin’s crimes were uncovered in the wake of the COVID-19 pandemic. The company where Guin worked benefitted from COVID relief funds administered to businesses throughout the country, and was subject to certain monitoring.
“It saved our company,” Stark said of the “pretty fair, generous amount” of Paycheck Protection Program (PPP) money awarded in a completely forgivable loan. “We didn’t go out of business because of it.”
Stark said he was surprised to learn that the government didn’t want the money back – but there would be certain stipulations involved with complete debt cancellation.
“You’ve been relieved of that burden,” Stark said he was advised. “They’re going to forgive that loan.
“But – there was an audit involved in forgiveness.”
Stark didn’t mind agreeing to an audit; his books were and open book. Amid the audit, Stark said he received a call from the business’ banking institution. Stark was advised that his presence was needed at the bank, to which he tried to schedule an appointment.
“He said, ‘No, you need to come see me right this minute,’” Stark recalled of the conversation. “They told us they found some large inconsistencies with our money,” and asked what Guin was paid. Stark said that Guin was paid very well, at the time ranked as the highest paid secretary in Jefferson County.
“The bank found at least $175,000 (in discrepancies) with an initial look over the account,” Stark added. More was discovered after a closer look.
According to the evidence referenced by Stark, Guin would take random checks from the company checkbook, “where she figured it wasn’t going to be noticed.”
“She’s not denying she committed the theft,” Guin’s attorney advised the court, adding that his client is, however, “denying the amount owed.”
Guin alleged through her legal representative that she “only” stole approximately $523,000 from her former employer, a difference of about $2,000. Given that Guin’s life expectancy is shy of 120 years old, Stark doesn’t anticipate ever being compensated for anywhere close to what was taken.
“She could never generate enough funds in her budget to give restitution,” Stark dismayed. “We’ll never be whole again.”
Stark said he was also personally hurt by the actions of someone he once trusted without question.
“She was pretty much my personal assistant at the end,” Stark said. “I thought she was my right hand.
“I trusted her.”
During the years of COVID, as the business was struggling to stay afloat, Stark looked to Guin as a confidante – not knowing she was stealing from him the whole time.
“This person looked me in the face everyday,” Stark continued. “’I got your back,’ she said.
“She knew we were struggling. I thought we had her loyalty.”
Detailing perceived insult after insult, Stark said he was further agitated by the lackadaisical justice received to date.
“She only spent several hours in jail, and she only paid $5,000 to get out on bond by a precinct judge who was on duty on Good Friday,” Stark argued. “That just stabs me.
“This was a premeditated, ongoing scheme for almost four years. She’s not a first-time offender; she offended 274 times. Subjectively, I don’t believe this person should be able to walk out of here today.”
Guin wouldn’t be walking out of court that day. Arms crossed, from a seat at the defense table, Guin was sentenced to 10 years probation, restitution amounting to $525,829.65, and up-front jail time to begin immediately.
Guin was allowed to call in to work, ordered to confinement for the next 180 days. Any funds that Guin can return during her time on probation will be immediately forwarded to Stark, the judge added, including any potential divorce settlement payments currently being litigated in a Jefferson County family court. Guin is allegedly seeking payout of a 401k from a soon-to-be ex-husband.
“You’re not going to be sitting on a retirement they could be using towards theirs,” West said.
Stark, a former drug interdiction and counseling worker, engineer, and Coast Guard veteran who served 25 years in the military, was looking forward to spending Golden Years with his family.
“I don’t feel comfortable retiring anymore,” Stark said. “I can’t do it on the budget I’m left with now.”
As revealed in court, any restitution payments forwarded to Stark will still be subject to federal taxation as though it were earned income.
“We’ll be required to pay the tax on that,” Stark said. “It’s all impacted us negatively.”