ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Wednesday, December 18, 1996 TAG: 9612180039
SECTION: CURRENT PAGE: NRV-1 EDITION: NEW RIVER VALLEY
SOURCE: MARK CLOTHIER STAFF WRITER
Pulaski County's former registrar pleaded guilty to embezzlement in Pulaski County Circuit Court on Monday.
Phyllis Hanks, 39, agreed to plead to the felony charge in exchange for the state dropping two counts of misappropriating $1,721.46 in Bell Atlantic refund checks to the county.
Hanks agreed to a suspended five-year prison sentence. She will be on three years of supervised probation and is required to perform 100 hours of community service in the next six months.
Hanks' attorney, Lee Chitwood, declined comment.
Pulaski County Commonwealth's Attorney Everett Shockley said he chose the general embezzlement charge over an embezzlement charge that deals specifically with public employees mishandling public money, because the wording was stronger. Both are felonies, but the general embezzlement charge carries a maximum 20-year sentence, double the "public sector" embezzlement's maximum penalty.
"I wanted it made clear that this was indeed stealing," Shockley said.
Because Hanks, an 11-year Pulaski County employee, had no criminal record and paid the money back early on, Virginia's sentencing guidelines suggested a lighter punishment.
"We made sure she returned something to the public," Shockley said, referring to the community service.
Hanks was arrested Sept. 21, following a Pulaski County Sheriff's Office investigation that began several weeks earlier.
The investigation started when the county's treasurer's office found refund checks from Bell Atlantic to the registrar's office had not been deposited. Hanks is charged with depositing them in her personal bank account July 15.
The checks were for the amounts of $1,641.36, $69.39 and $10.71 and were for overcharges.
Hanks worked in the registrar's office for more than 11 years, and as its chief for 5 1/2 years. She was fired from her post Oct. 15.
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