Former Adair City Clerk & her son receive 5-years probation for misappropriation of funds
November 16th, 2011 by Ric Hanson
Adair’s former city clerk and her son, a former city street department employee, were sentenced Monday, a little more than one-month after they pled guilty to felony theft charges in connection with the theft of taxpayer funds from the City of Adair.
Court records show 63-year old Linda Nichols and her 41-year old son Terry, received 5-years probation and were ordered to make full restitution amounting to nearly $83, 300, plus nearly $6,000 for the cost of the State audit, court costs and related fees. The amount is higher than the City of Adair’s estimate of $80,000, but is less than the $110,257.26 amount listed as improper in a special investigation report released by the Office of Auditor of State on May 3, 2011.
Linda and Terry Nichols were also ordered to perform 100-hours of community service and to submit a DNA sample. The pair had been sentenced to no more than 10-years in prison, but the sentence was suspended during Monday’s court proceedings.
On October 3rd, the Nichols’ pleaded guilty in Adair County District Court to Theft in the First Degree, a Class C Felony. As part of the plea, the charge of Felonious Misconduct in Office, a Class D felony, was dropped. The Auditor’s report included the city’s losses due to payroll taxes paid to the state, amounts that cannot be proven to have been stolen, and amounts that, after additional investigation, were proven not to be stolen.
The special investigation was requested by City of Adair officials as a result of misappropriation of city funds, and alleged improper and unsupported disbursements and undeposited collections.