Jail time for man convicted of embezzling $44K

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By Denise G. Callahan, Staff Writer Updated 7:14 AM Friday, August 28, 2009

LEBANON — A 49-year-old Maineville man was sent to jail for 60 days and ordered to pay the remainder of the $44,029 he stole from the Fosters Pointe subdivision.

Warren County Common Pleas Judge James Flannery gave Phillip Enrich a severe scolding before imposing the sentence, following Weinrich’s guilty plea Thursday, Aug. 27.

“I’ve decided that sending you to prison in this case won’t be necessary,” Flannery said. “It’s justified, you deserve it, but I’m not going to impose that consequence ... You have shamed your children, your wife, your parents and the very good people who wrote letters on your behalf, that counts for something, that is some consequence.”

Weinrich was the subdivision’s homeowners association board president when other board members found something was fishy with the books. It came to light that Weinrich had set up a secret HOA checking account and was paying his credit cards with those checks, his attorney Mark Krumbein said.

Flannery said in his 36-and-a-half years on the bench he has never had so many correspondence on one case, not even in death penalty and rape cases. He said 42 people took the time to write him and it was an even split between those who vilified and those who supported Weinrich.

Krumbein told the judge that his client, before the lapse in judgment, was a good neighbor, helping anyone in need. He has worked for Habitat for Humanity and performed other charitable works. He also said Weinrich tried to start paying back the money just before he was caught. He has paid back $24,500 of the money he grabbed.

Krumbein said Weinrich works as a traveling sales manager for a large company. The Weinrich home on Kelso Drive is valued at $359,280 by the Warren County auditor.

Flannery noted if Weinrich still has a job after this, he will serve his 60 days on work release, so he can earn the rest of the money he stole. Weinrich will be on community control for three years and also is not allowed to hold any position that involves handling money.

In a letter read during the hearing, members of the HOA board asked Flannery to throw the book at Weinrich, who faced a maximum 18 months in prison for the felony four charge. Members of the HOA board declined to comment after the hearing.

First Assistant Prosecutor Andy Sievers told the judge the best outcome would not be prison, but repayment of the money. Flannery said it mattered little to him that Weinrich intended to repay the money — embezzlers almost always do, he said.

“And you’re an embezzler, you’re a thief,” he said. “There is no polite way to say this and I’m not going to mince words with you. You stole from people who trusted you.”

Weinrich was cuffed and led out of the courtrom. Krumbein said Flannery’s decision was just.

“I feel Judge Flannery’s sentence was fair,” he said. “He respected the victims and was still fair to Mr. Weinrich by allowing him to continue working so he can repay the money.”

Contact this reporter at (513) 696-4525 or dcallahan@coxohio.com.

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