LAKEPORT -- A preliminary hearing was set this week in the grand theft case against Tracey Isabelle Avila, 50, of Nice. The charge against Avila relates to an embezzlement that allegedly occurred during her employment as bookkeeper for the Elem Indian Colony (EIC).
Avila is scheduled for a calendar call on Jan. 5, 2012 and for preliminary hearing on Jan. 11, 2012. Both items will be heard at 8:15 a.m. in Lake County Superior Court Department 2 in Lakeport.
The felony count against Avila alleges that on or about February 2006 through October 2008, she did unlawfully take money and personal property exceeding $950 identified as property of the EIC and Environmental Protection Agency (EPA).
According to a document included in the case file that was prepared by Sara Dutschke, of Karshmer & Associates, the alleged crime was discovered after Avila's termination.
"While the tribe does not have the resources to conduct a full-scale investigation in this matter, they have conducted a preliminary investigation and uncovered evidence that suggests Ms. Avila embezzled more than $61,000 during her thirty (30) months of employment with the tribe," Dutschke states in the document.
Court documents allege that Avila used tribal and/or EPA grant funds to give herself unauthorized pay raises. According to Dutschke in an interview with former EIC Tribal Administrator Donald Rich he stated that in reviewing Avila's personnel records it was discovered that Avila gave herself approximately $9 per hour in raises. Avila's starting salary was approximately $37,000 annually or $18 per hour. She allegedly ended up with a $58,000 annual salary or $27 per hour. According to Dutschke, Rich stated that there was no documentation authorizing any raises and that her employment reviews were all below average.
During her employment with the EIC, Avila was allegedly paid $44,411.09 from unauthorized pay raises. "The review also revealed that Avila received eight additional paychecks totaling "$10,064.72 and 10 checks for annual leave amounting to $6,395.45, representing 264 annual leave hours," Dutschke states.
Contact Denise Rockenstein at drockenstein@clearlakeobserver.com or call directly at 994-6444, ext. 14.