Hardie v. State

162 So. 3d 297, 2015 Fla. App. LEXIS 4030, 2015 WL 1259557
CourtDistrict Court of Appeal of Florida
DecidedMarch 20, 2015
DocketNo. 2D13-5254
StatusPublished
Cited by1 cases

This text of 162 So. 3d 297 (Hardie v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hardie v. State, 162 So. 3d 297, 2015 Fla. App. LEXIS 4030, 2015 WL 1259557 (Fla. Ct. App. 2015).

Opinion

VILLANTI, Chief Judge.

Joe Seephis Hardie appeals his convictions for one count of grand theft and three counts of money laundering which arose out of activities that occurred when he was serving as pastor of the New Mount Zion Missionary Baptist Church. The State cross-appeals the downward departure sentence imposed by the trial court, which was premised on the church’s alleged need for restitution. We affirm Hardie’s grand theft conviction without further comment. We also affirm his convictions for money laundering for the reasons discussed below. However, because Hardie did not offer competent, substantial evidence that the church’s need for restitution outweighed the “need,” under the Criminal Punishment Code, for his incarceration, we reverse the downward departure sentence and remand for resentenc-ing.

Hardie served as pastor of the New Mount Zion Missionary Baptist Church in Lakeland from 1995 until early 2009. The church received donations from various' sources, and the donations were divided among four bank accounts: the mortgage account, the operating account, the scholarship account, and the benevolent account. Parishioners could designate the account into which their contributions should be deposited, and each account had a dedicated use. As to the benevolent account, the funds were to be used solely to help those in need in the community, and the church gave Hardie sole control over the use of that account. As to the other accounts, Hardie had no more than joint control; however, while the church required two signors on every check, the banks where the accounts were held did not.

Between 2007 and 2009, Hardie paid numerous personal bills with money from the benevolent account, so much so that it amounted to his essentially using the account as an extension of his personal [299]*299checking account. To avoid detection of his use of the funds, Hardie manipulated the benevolent and mortgage accounts so as to conceal many of the improper transactions. For example, Hardie would write a check from the mortgage account, held at Fifth Third Bank, and deposit that check into the benevolent account, held at SunTrust. Hardie would then write a check from the benevolent account to himself or to petty cash and then cash that check and “pocket” the proceeds by depositing them into his personal account at Wachovia/Wells Fargo. The evidence at trial showed that Hardie managed to pilfer approximately $115,204 in church funds over two years, and approximately $29,180 of that total resulted from the disguised transactions between the mortgage and benevolent accounts.

In 2009, after the church treasurer discovered certain irregularities in its books, the church contacted the police. The State then conducted its own forensic accounting investigation and charged Hardie with one count of scheme to defraud, one count of grand theft of $100,000 or more, one count of grand theft of $20,000 or more, two counts of money laundering in the second degree, and one count of money laundering in the third degree. Hardie proceeded to a jury trial on the charges, and at the conclusion of the State’s case, the trial court granted Hardie’s motion for judgment of acquittal as to the grand theft of $20,000 or more charge. The jury subsequently convicted Hardie of all of the remaining charges.1

In this appeal, Hardie argues that his motion for judgment of acquittal as to the money laundering charges should have been granted because the proceeds were not obtained from a “specified unlawful activity” and because his actions did not satisfy the concealment requirement in the money laundering statute. Given the evidence presented at trial, we disagree.

Section 896.101(3), Florida Statutes (2009), provides:

(3) It is unlawful for a person:
(a) Knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, to conduct or attempt to conduct such a financial transaction which in fact involves the proceeds of specified unlawful activity:
1. With the intent to promote the carrying on of specified unlawful activity; or
2. Knowing that the transaction is designed in whole or in part:
a. To conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or
b. To avoid a transaction reporting requirement or money transmitters’ registration requirement under state law.

(Emphasis added.) A “specified unlawful activity” is defined as any “racketeering activity.” § 896.101(2)(g). “Racketeering activity” includes committing, attempting, or conspiring to commit a chargeable crime “relating to theft, robbery, and related crimes” or soliciting, coercing, or intimidating another person to do so. § 895.02(l)(a)(32), Fla. Stat. (2009). A “transaction” for purposes of section 896.101(3) includes “any [ ] payment, transfer, or delivery by, through, or to a finan[300]*300cial institution, by whatever means effected.” § 896.101(2)(c). And because the word “conceal” is not defined in the statute, the word maintains its plain and ordinary meaning. See Fla. Birth-Related Neurological Injury Compensation Ass’n v. Fla. Div. of Admin. Hearings, 686 So.2d 1349, 1354 (Fla.1997) (noting that when the legislature has not defined the words used in a statute, the language should be given its “plain and ordinary meaning”). As defined in Merriam-Webster’s Collegiate Dictionary (11th ed. 2003), “conceal” means to “prevent disclosure or recognition of; to place out of sight.”

Here, the evidence presented at trial was sufficient to establish the required elements of both a specified unlawful activity and concealment. To prove that Har-die committed a specified unlawful activity, the State presented evidence that he repeatedly wrote checks to himself from the benevolent fund, a fund intended for the needy in the community, which Hardie— with his Jaguar, salary, and church-funded travel account — clearly was not. With these improper and unauthorized acts, Hardie’s theft was completed, thereby satisfying the “specified unlawful activity” element of the money laundering statute.

In challenging the money laundering convictions, Hardie argues that his transfer of the church’s funds cannot constitute money laundering because the funds themselves were not “the proceeds of some form of unlawful activity.” Instead', they were lawful donations to the church. However, Hardie misunderstands the focus of this charge. Once Hardie took funds from the mortgage account, which had been designated by the donors for use in paying the church’s mortgage, and transferred them into the benevolent account, which had been designated for helping the needy in the community, the transferred funds became proceeds of an unlawful activity. Hardie’s subsequent transfers and misuse of these funds — stolen first from the mortgage account and then again from the benevolent account— constituted a “specified unlawful activity” for purposes of the money laundering statute.

While we could find no Florida case on point, Hardie’s actions are analogous to those of the defendant in United States v. Villarini, 238 F.3d 530 (4th Cir.2001). There, Villarini, a head bank teller, was responsible for reporting the amount of damaged cash the bank received.

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Bluebook (online)
162 So. 3d 297, 2015 Fla. App. LEXIS 4030, 2015 WL 1259557, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hardie-v-state-fladistctapp-2015.