Saturday, January 30th, 2016
Coldwater woman sent to prison in theft case
By Claire Giesige
CELINA - A Coldwater woman on Friday was sentenced to serve one year in prison after being convicted of 20 charges involving the theft of more than $600,000 from her employer.
Linda A. Garke, 54, 4245 Township Line Road, Coldwater, was ordered by visiting Judge James Brogan in Mercer County Common Pleas Court to serve one year in prison and to repay $623,672 to her former employer, De Ruijter International USA Inc. of Coldwater. Brogan also sentenced Garke to five years of community control sanctions after her release. He warned she could be sentenced to more than 16 years in prison if she violated her probation.
Garke on Dec. 10 pleaded no contest to a bill of information that included charges of theft, a third-degree felony; tampering with records, a third-degree felony; two counts of forgery, third-degree felonies; six counts of theft, fourth-degree felonies; five counts of tampering with records, fourth-degree felonies; and five counts of forgery, fourth-degree felonies. The charges detailed how $647,767 had been taken from the company. Garke was convicted of unauthorized use of company funds to pay nearly $500,000 in personal credit card bills, misuse of a corporate credit card to make purchases of about $100,000 and forging a checks to purchase a Jeep and other items.
During the sentencing, Brogan explained he based his decision on the amount of economic harm Garke's actions had caused.
"It's clear from the amount of money involved that the victim in this case suffered serious economic harm," he said. The theft likely affected the company's employees as well.
"Presumably, over the period of time, the company would have had perhaps a greater profit and maybe those people who worked at the company and were honest employees and were receiving wages, perhaps those wages might have been higher if the company had not had losses of $640,000," he said. "So the victims are not just a corporation but it's people, people in a small community."
However, Brogan noted Garke was involved in her community and church and did not have any prior criminal charges.
Garke kept her head bowed for most of the sentencing but offered a statement to the judge and her family members who filled two rows of seats.
"I truly wish that Roger and Hubert (de Ruijter) were today so that I could look them in the eyes and tell them how sorry I am for my behavior. They trusted me and I broke their trust," she said. "I've had six months to heal and think about it and I'm better. I know what I've done wrong. ... I know taking the punishment and paying them back is only going to make me a better person."
De Ruijter family members were present as well. Robert de Ruijter, son of company co-founder Roger de Ruijter, read a statement from his father. The statement stressed the "extremely adverse impact" Garke's thefts had on the company and the family.
"There is an old Dutch adage that roughly translates, 'trust arrives walking and departs riding,' " de Ruijter said. "Garke personifies this adage. Over many years, Garke lulled our company and our family into a false sense of security that our interests, both financial and personal, were well protected and cared for. All the while, she was scheming, stealing and covering up her criminal actions."
Garke was employed by De Ruijter International, 120 Harvest Drive, as an executive officer from Dec. 29, 2005, to July 31, 2014, records show. The company's American operations are based in Coldwater.
Financial irregularities were discovered after Garke resigned, company vice president Will van der Ceelen said.
Mercer County prosecuting attorney Matt Fox thanked Coldwater police officers for their hard work on the case.
"I wanted to compliment the Coldwater Police Department and Detective (Dave) Dues specifically because of the efforts he put in and the hours and hours of investigation that led to what the state thinks is positive result today," Fox said.
Since pleading no contest, Garke has repaid $420,000 of the restitution ordered, according to court documents.
"In regards to the sentence Judge Brogan imposed today, the court went through all the sentencing factors both in favor of a lighter sentence or in favor of a stronger sentence," Garke's attorney Jose Lopez said. "He felt given her lack of a record and attempt at restitution, as well as her genuine remorse, that a prison sentence, while it needed to be imposed, didn't need to be lengthy."
The charges carried a maximum sentence of 36 years.