Ex-bank manager Scarpelli pleads guilty to embezzling millions

Former Miamisburg U.S. Bank branch manager Amy Scarpelli will spend between 48 and 70 months in prison for embezzling $5.2 million, if a federal judge accepts a plea deal struck between prosecutors and her attorneys.

KEY POINTS

  • Amy Scarpelli pleaded guilty to embezzlement
  • U.S. Bank manager stole more than $5M
  • Withdrawals occurred between 2009 and 2014
  • Thefts discovered during unrelated bank probe

UPDATE @6:44 p.m. (April 22)

Amy Scarpelli, 48, pleaded guilty today in Dayton’s U.S. District Court to one count of embezzlement of a federally insured financial institution.

She is scheduled to be sentenced July 28 by U.S. District Court Judge Walter Rice, who deferred judgment on the plea deal until after he reviews a pre-sentence report.

Rice can accept or reject the agreed-upon sentencing range. If he rejects it, Scarpelli can withdraw her guilty plea and let the case go to a grand jury and possible trial.

“We’ve worked out an agreement that sets forth a set of facts that she’s willing to walk in and say, ‘I did this,’ ” said Dennis Gump, one of Scarpelli’s attorneys.

Scarpelli also agreed to pay full restitution, give up more than $11,000 in cash and her interest in several items consisting of four vehicles — including two 1967 Chevrolet Camaros — two pontoons and a power boat. She will also forfeit two campers, 10 computers or iPads, a golf cart, six motorcycles and various properties. Gump said Scarpelli is not the listed owner of many of those items.

He has said Scarpelli had a severe gambling addiction; she and her domestic partner spent millions of dollars and had “icon” status at Hollywood Casino in Lawrenceburg, Indiana.

“I think it’s one step towards rehabilitation, her acceptance of responsibility, her admitting her involvement, her pleading guilty,” Gump said. “It’s just one step forward and favorable to her.”

The embezzlement charge carries with it maximum penalties of 30 years in prison and a $1 million fine plus five years of supervised release. Non-binding federal guidelines put the estimated range of Scarpelli’s possible sentence at 78 to 97 months in prison.

The statement of facts included in the plea agreement said that between 2011 and May 2014, Scarpelli — hired at the Miamisburg bank branch at 515 E. Central Ave. in 1996 and promoted to branch manager in 2006 — initiated a series of fraudulent withdraws on a line of credit from a local business.

The statement said Scarpelli would then issue a cashier’s check in an amount less than $50,000 and then convert that to cash, which she would pocket and take home. To prevent detection, Scarpelli caused false entries to be made in U.S. Bank’s computer system, the statement showed.

Scarpelli, who has been on electronic monitoring under house arrest in West Carrollton since her arrest last fall, reported to probation after the hearing. Assistant U.S. attorney Brent Tabacchi wasn’t available to comment after the 90-minute hearing.

“We’re satisfied with the plea agreement,” Gump said. “It took a long time to get there.”

The federal probation department filed a report with the court that stated Scarpelli violated the conditions of her bond three times on April 7 and 8, when she allegedly was away from her residence for 8, 17 and 8 minutes. The probation department did not order any action be taken.

In court, co-defense counsel Lawrence Greger said Scarpelli denied violating conditions and that those instances were due to electronic malfunctions.

The amount of restitution may be up for debate and subject to a later hearing, Rice said. Gump said the probation office has 35 days to file its report, that he has 20 days to respond to that and the government has 10 days after that to answer.

Scarpelli and others, who have not been charged, were mentioned in a criminal complaint and affidavit filed in October 2014, including Scarpelli’s reported domestic partner. Both reported massive gains in federally adjusted incomes due to gambling winnings in 2011 and 2012.

Scarpelli’s income increased from nearly $70,000 in 2010 to $161,000 in 2011 to $1.2 million in 2012 while her partner’s income went from zero in 2010 to $82,000 in 2011 and $407.000 in 2012. Ohio tax law does not allow gamblers to offset gambling winnings with gambling losses for tax purposes.

UPDATE @ 4:50p.m. (April 22)

Scarpelli pleaded guilty Wednesday afternoon to embezzling more than $5 million. She will be sentenced July 28.

4:19 p.m. (April 21)

Former bank manager Amy Scarpelli is expected to plead guilty Wednesday to embezzling more than $5 million from a Miamisburg U.S. Bank branch, but the investigation into the alleged scheme will continue, officials said Tuesday.

Assistant U.S. attorney Brent Tabacchi said his office does not comment on ongoing investigations. He said plea negotiations with Scarpelli’s attorney were not finalized as of this morning. Regardless of the plea agreement, U.S. District Court Judge Walter Rice can impose any sentence he determines.

Scarpelli, who has been on electronic monitoring under house arrest in West Carrollton since her arrest last fall, is scheduled to appear this afternoon in front of Rice for an arraignment and to plead guilty to embezzlement. Tabacchi wouldn’t comment on the potential agreed-upon sentence.

“What numbers we came up with may not be acceptable with the court,” said Dennis Gump, one of Scarpelli’s attorneys. “(Rice) can accept the plea, reject the plea or defer to probation.”

Scarpelli and others were mentioned in a criminal complaint and affidavit filed in October 2014, including Scarpelli’s reported domestic partner. Both reported massive gains in federally adjusted incomes due to gambling winnings in 2011 and 2012.

Scarpelli’s income increased from nearly $70,000 in 2010 to $161,000 in 2011 to $1.2 million in 2012 while her partner’s income went from zero in 2010 to $82,000 in 2011 and $407.000 in 2012. Ohio tax law does not allow gamblers to offset gambling winnings with gambling losses for tax purposes.

A federal complaint alleged that Scarpelli and her friends gambled, vacationed and spent freely from 2009 to 2014. The document stated that Scarpelli had approximately $12,287,112.37 in “coins in,” or money spent at slot machines, at Hollywood Casino, while her domestic partner had $7,702,695.22 in “coins in.” Both were awarded “icon” status at the casino in Lawrenceburg, Ind.

Scarpelli and her domestic partner also allegedly purchased some lots at Lake Waynoka. A Secret Service investigation “revealed Caribbean cruises,” paid for by Scarpelli and her domestic partner. Scarpelli also bought a lake house, campers, boats, motorcycles and cars, according to a court document.

Gump said many of the purchased items are not listed as Scarpelli’s property.

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