State of Oklahoma v. Sara Starling Fitzgerald

Tulsa, Oklahoma, criminal defense lawyer represented the Defendant charged with embezzlement by employee in violation of 21 O.S. 1461, which provides:



A. Embezzlement is the fraudulent appropriation of property of any person or legal entity, legally obtained, to any use or purpose not intended or authorized by its owner, or the secretion of the property with the fraudulent intent to appropriate it to such use or purpose, under any of the following circumstances:



1. Where the property was obtained by being entrusted to that person for a specific purpose, use, or disposition and shall include, but not be limited to, any funds "held in trust" for any purpose;



2. Where the property was obtained by virtue of a power of attorney being granted for the sale or transfer of the property;



3. Where the property is possessed or controlled for the use of another person;



4. Where the property is to be used for a public or benevolent purpose;



5. Where any person diverts any money appropriated by law from the purpose and object of the appropriation;



6. Where any person fails or refuses to pay over to the state, or appropriate authority, any tax or other monies collected in accordance with state law, and who appropriates the tax or monies to the use of that person, or to the use of any other person not entitled to the tax or monies;



7. Where the property is possessed for the purpose of transportation, without regard to whether packages containing the property have been broken;



8. Where any person removes crops from any leased or rented premises with the intent to deprive the owner or landlord interested in the land of any of the rent due from that land, or who fraudulently appropriates the rent to that person or any other person; or



9. Where the property is possessed or controlled by virtue of a lease or rental agreement, and the property is willfully or intentionally not returned within ten (10) days after the expiration of the agreement.



Embezzlement does not require a distinct act of taking, but only a fraudulent appropriation, conversion, or use of property.

9-2025



JUDGE MICHELLE KEELY: DEFENDANT PRESENT, NOT IN CUSTODY, AND REPRESENTED BY KEITH BERGMAN. STATE REPRESENTED BY KATIE KOLJACK. COURT REPORTER: MARLA CULLISON. STATE AMENDS COUNT ONE TO MISDEMEANOR. DEFENSE WAIVES FILING OF AMENDED INFORMATION. DEFENDANT SWORN IN OPEN COURT. DEFENDANT ENTERS A PLEA OF GUILTY. DEFENDANT WAIVES RIGHT TO JURY/NON-JURY TRIAL. COURT ACCEPTS PLEA AND WITHTHOLDS FINDING OF GUILT.



COUNT 1) COURT WITHHOLDS FINDING OF GUILT FOR A PERIOD OF ONE (1) YEAR UNTIL DEFERRED REVIEW DATE OF 9/28/2026 AT 9AM IN ROOM 401. DEFENDANT ASSESSED: $300.00 COURT FUND, $100.00 VICTIMS COMPENSATION FUND, PLUS COSTS.



DEFENDANT IS TO BE UNDER THE SUPERVISION OF THE DISTRICT ATTORNEY'S OFFICE.



DEFENDANT IS ORDERED TO FOLLOW ALL RULES AND CONDITIONS OF SUPERVISION.



DEFENDANT IS ORDERED TO PAY RESTITUTION IN THE AMOUNT OF $5,073.46 TODAY.



DEFENDANT IS ADVISED TO NOT USE AND/OR POSSESS MARIJUANA.



DEFENDANT ADVISED OF APPEAL RIGHTS. RULE 8 ISSUED. J & S ISSUED. BOND EXONERATED.