State v. Cashen

544 So. 2d 1268, 1989 WL 55237
CourtLouisiana Court of Appeal
DecidedMay 25, 1989
Docket88-KA-2052
StatusPublished
Cited by100 cases

This text of 544 So. 2d 1268 (State v. Cashen) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Cashen, 544 So. 2d 1268, 1989 WL 55237 (La. Ct. App. 1989).

Opinion

544 So.2d 1268 (1989)

STATE of Louisiana
v.
John R. CASHEN.

No. 88-KA-2052.

Court of Appeal of Louisiana, Fourth Circuit.

May 25, 1989.

*1269 Harry F. Connick, Dist. Atty., Beryl McSmith, Asst. Dist. Atty., New Orleans, for plaintiff-appellee State.

John H. Brooks, Gretna, for defendant-appellant John Cashen.

Before BARRY, KLEES and ARMSTRONG, JJ.

KLEES, Judge.

On August 12, 1986, the appellant John R. Cashen was charged with theft of property valued over $500.00. He was arraigned on January 27, 1987, and pled not guilty. On October 22nd, he waived his right to jury trial, and was tried before a Judge. On November 24th, the court found him guilty as charged, and later sentenced to five years at hard labor, suspended, and placed on five years probation with the condition that he serve two years in parish prison as part of his probation, and make restitution. On May 10th, this sentence was amended to delete the condition of two years imprisonment and to add the condition that he perform 100 days of community service within three years. From his conviction and sentence Cashen appeals.

FACTS:

From October, 1984 through September, 1985, the defendant John Cashen was the president of the New Orleans Athletic Club (hereinafter referred to as N.O.A.C.). During that period, N.O.A.C. had a money tree account at Elmwood Federal Savings and Loan. During that same period Cashen and his wife Hilda had a joint checking account at that institution, as did Cashen and his girlfriend Cheryl Snelson. Cashen and N.O.A.C.'s manager Raymond Schmidt were authorized to issue checks on the N.O.A.C. account, and their signatures were on the signature card for that account. Ms. Florence Wagner, employed in the accounts division of Elmwood, testified that on January 29, 1985, a check in excess of $80,000.00 (S-6)[1], made payable to N.O. A.C, was deposited in Cashen's joint account with his wife. Ms. Wagner testified that the check had not been endorsed prior to its deposit. She testified that on March 4th, two large cash withdrawals were made from that account, totalling $79,000.00. Ms. Wagner also testified as to various other checks, withdrawals, and transfers made from the N.O.A.C. account to Cashen or to Ms. Snelson or to their joint account, including cash withdrawals from the N.O. A.C. account by Cashen on May 24, 1985 for $511.70 (S-9), on July 19, 1985, for $3000.00 (S-10), and on June 20, 1985 for $4000.00 (S-11). Concerning a telephone transfer request whereby $2000.00 was transferred from the N.O.A.C. account to the Cashen/Snelson account, Ms. Wagner testified that she did not remember the actual telephone request, but she also testified that she would not have authorized the transfer unless she recognized the voice of the person making such request, and Cashen's voice was the only voice from N.O. A.C. which she recognized.

Raymond Schmidt testified that he was the general manager of N.O.A.C. at the time Cashen was the president, and Schmidt testified that Cashen had the power to fire him. Schmidt testified that under Cashen's direction and threats, he issued many checks to Cashen and his friends, and Schmidt's secretary Cindy Martinez also gave Cashen money out of N.O.A.C.'s petty cash account. Schmidt testified that in 1984, N.O.A.C. received a check from the Greater New Orleans Runner's Club for N.O.A.C.'s proceeds from the Turkey Day Run it co-sponsored. Schmidt testified that when that check was received and deposited in N.O.A.C.'s account at the Whitney Bank, Cashen directed him to issue a check payable to cash in the same amount. This check was then cashed by Cashen (S-13).

Schmidt also testified that a party was thrown on February 2, 1985, at the direction of Cashen for his friends, only a few of which were members of the club. The party was held at N.O.A.C, but Cashen did not pay any rental for the use of the room, which usually rented for $250.00, even to members. Schmidt identified receipts for this party for seafood (S-14), liquor (S-15), and food (S-16), in the *1270 amounts of $127.50, $475.24, and $125.13, respectively. Schmidt testified that these bills were paid out of petty cash. He insisted that when he questioned these expenditures, Cashen told him to mind his own business and pay the bills or he could lose his job. Schmidt testified that Cashen was not authorized to make these expenditures. Schmidt testified that an additional bill for $210.14 (S-26) was paid out of petty cash on June 20th to pay for wine and champagne Cashen used on a picnic to the Gulf Coast with Ms. Snelson.

Schmidt testified that Cashen allowed the Pendennis Club, to use a dining room at N.O.A.C for luncheons while the Pendennis Club was being renovated. Schmidt testified that during this eight-month period, the Pendennis club did not pay rent for the room. He also testified that Shirley Saucier, who worked as a waitress for the Pendennis members, was paid out of petty cash by N.O.A.C. at Cashen's direction (S-18). Schmidt indicated that Ms. Saucier was related to Mrs. Rodriguez, a friend of Cashen and the manager of the Pendennis Club. Schmidt maintained that he only paid Ms. Saucier's salary because Cashen insisted he do so.

Schmidt testified that N.O.A.C. was presented with bills from the Holiday Inn/Chateau Le Mayne for rental of a room at that hotel for two nights (S-19). Schmidt testified that Cashen and Ms. Snelson spent both nights at the hotel, and Cashen directed him to pay the bills.

Schmidt also testified that on many occasions Cashen would direct him to take money out of petty cash and give it to him. He testified that in each instance, Cashen directed him to prepare a "payout slip" which he would sign later, but Cashen never did sign any of these slips. He testified that Cashen received $200.00 on June 14th (S-22), $300.00 on June 19th (S-23), $150.00 on July 23rd (S-24), $125.00 on August 29th (S-25), and $500.00 on an unspecified date (S-17). Schmidt testified that with respect to the last amount listed above, Cashen originally asked for and received $400.00 and then later asked for and received an additional $100.00. Schmidt also testified that on June 7th, Cashen called him from the Fairmont Hotel and told him to bring him all the $100.00 bills contained in petty cash. Schmidt and Ms. Martinez xeroxed the bills (S-20) and prepared a payout slip for them (S-21), and then Schmidt put all nine of them in an envelope and took them to the Fairmont where he gave them to Cashen. Cashen also once directed Schmidt to issue a check, leaving the payee blank, for the amount of deposits from members received that day. That check, in the amount of $425.68 (S-7), was eventually deposited by Cashen into his F.N.B.C. account. In addition, Schmidt was directed to issue another check in the amount of $696.67, leaving the payee blank, which was eventually cashed by Ms. Snelson (S-8). Schmidt testified that Ms. Snelson did not work for N.O.A.C.

Schmidt maintained that Cashen failed to repay any of the amounts listed above.

On cross-examination, Schmidt admitted that he was eventually fired by N.O.A.C, but he insisted it was because he was "in over my head", not because he was suspected of collusion with Cashen. He admitted that the payout slips were signed either by Ms. Martinez or him, but they were done so at Cashen's direction. He testified that the February 2nd party was given to promote a new chef hired by N.O.A.C., but he insisted that the party was Cashen's idea. He also testified that Cashen negotiated with the caterer for the June picnic.

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Cite This Page — Counsel Stack

Bluebook (online)
544 So. 2d 1268, 1989 WL 55237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cashen-lactapp-1989.