(Adair) A former Adair City Clerk and her son were sentenced Monday for stealing city funds.
According to court documents, 63-year-old, Linda Nichols and her son 41-year-old Terry Nichols, who was employed by the Adair City Street Department pleaded guilty to first-degree theft in October as part of a plea agreement.
Monday, Linda Nichols was sentenced to no more than 10 years. That order was suspended and she was placed on five years probation, and ordered to pay a supervision fee of $300.00. In addition to that, she was ordered to pay a $1,000.00 fine and statuatory 35-percent surcharge and pay full restitution and court costs as well as a $125.00 law enforcement initiative surcharge. Linda Nichols must also perform 100 hours of community service in each year that she is under probation. The hours will be served in the city of Adair. In addition Nichols must submitt a DNA sample. Her son Terry's sentence is the same.
The Attorney Generals Office says under the restitution agreement, a total of $83,293.05, must be repaid along with an additional $5,824.39 for the cost of the state audit. The amount is higher than the city of Adair's estimate of $80,000, but less than the $110,257.26 amount listed as improper in a special investigation report released by the State Auditor's Office on May 3, 2011. The report included losses due to the city's payroll taxes paid to the state, amounts that cannot be proven to have been stolen, and amounts that, after additional investigation, were proven to be stolen.
The special investigation was ordered by Adair City Officials as a result of misappropriation of city funds, and alleged improper and unsupported disbursements and undeposited collections.
November 16, 2011