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By Mark Dykes
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Vialpando enters no contest plea

 

November 2, 2017



Monday afternoon in Hot Springs District Court, Lola Vialpando pleaded no contest to 23 counts — 21 felonies and two misdemeanors — against her. The charges are from two separate cases, as Vialpando was initially charged with 10 counts of felony forgery, two counts of felony theft and one count of felony larceny. She was later charged with an additional seven counts of forgery and three counts of theft.

Pursuant to a plea agreement, two of the felony counts were amended to misdemeanor larceny. Trial for Vilapando was expected to take two weeks, scheduled to begin Nov. 13. The case could still see a trial date though, as the court accepted Vialpando’s pleas but not the plea agreement. There is still a chance for objection to and rejection of the agreement.

County attorney Jerry Williams, during Monday’s proceedings, provided factual basis to the charges that span several years.

The counts on which Vialpando was originally charged stem from: a Jan. 4, 2016 check for $1,575; a Jan. 18, 2016 check for $2,276; an April 11, 2016 check for $850; an April 25, 2016 check for $950; a May 2, 2016 check for $2,150; a May 9, 2016 check for $1,105; a June 6, 2016 check for $1,150; and a May 21, 2016 check for $1,000.

All of the checks were drawn on the account of Vialpando’s former employer, Smith Oil Field, and purportedly signed by Kevin Smith. Williams noted an additional two checks were different, as they were taken to the bank and left there. Tellers had been made aware of irregularities in the account and informed Vialpando their computers weren’t working so they would have to make the transactions later. The two left checks, also purportedly signed by Smith, were each in the amount of $1,500.

With regard to all 10 checks, Williams said they were not part of the regular salary Vialpando and her husband were receiving.

As for additional charges in the initial case, Williams noted one runs from Dec. 13, 2010 until June 28, 2013 and consists of 87 online mobile transfers with a total of $40,639.21 for credit card and cell phone bills of Vialpando and her husband, paid with a credit card of Smith Oil Field and not approved by Smith.

The reason the charge ends with the June 28, 2013 date, Williams explained, is on July 1 a new statute took effect that changed the larceny statute, so to conform with it there was a separate charge that ran from July 1, 2013 through July 21, 2016 and consisted of 115 transfers using the company credit card with a total of $96,396.64 for credit card and cell phone bills.

The final count of the case ran from July 27, 2015 until June 27, 2016, and involved Vialpando using the company card to make 11 payments for her husband’s child support; those payments totaled $6,501.39.

Williams said Vialpando admitted, in an interview, that Smith did not authorize the transactions and her husband was unaware of “cash bonus” checks in his account. She also admitted, Williams said, that most of the transactions for the credit card bill were not authorized but she thought some of them had been.

As for the later charges, Williams said after Vialpando left Smith Oil Field Services a new bookkeeper found bank records that had been altered, with several entries taken out, including payments made to Vialpando’s credit card and cell phone as well as others.

For January 2016, the bank statement found in Vialpando’s former office showed a discrepancy of $12,092.31 in concealed payments. The February 2016 statement showed concealed payments totaling $4,811.28. The March statement showed concealed payments of $4,008.12. The April statement showed over $25,000 in concealed payments. Williams noted all of the payments in April were not converted by Vialpando but concealed to make the company appear more solvent than it was.

The May 2016 statement showed concealed payments of $12,092.31. The July statement showed concealed payments of $18,067.69.

Williams noted a false set of documents were created so nobody who looked at them would immediately see the improper transactions to pay personal bills.

Another check, dated Oct. 17, 2014 in the amount of $1,913, was made out to pay a medical bill for Vialpando. A larceny charge occurred between Feb. 9, 2016 and May 12, 2016, and included unauthorized transactions on the company card to pay medical bills for Vialpando’s children in the amount of the $2,805.23.

As for the larcenies reduced to misdemeanors, one occurred between July 7, 2015 and June 14, 2016 and involved Vialpando using the company card for online purchases in an amount well over $1,000. The second larceny was between July 2, 2015 and July 20, 2016 and involved purchases from a local business, again on the company card.

Regarding the felonies, Vialpando faces a total 6-30 years in prison. However, that sentence would be suspended and she would instead be subject to 10-30 years probation. She will also be required to pay $179,770 restitution, and the probation sentence could be ended early if full restitution is made. The court will have discretion regarding sentence for the misdemeanors.

A sentencing date is expected in the next couple weeks. Smith could still object to the plea agreement and the case could again be set for trial.

 

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