Wednesday, March 5, 2008

Former Tomé postmaster sentenced for taking $16,000

Clara Garcia News-Bulletin Staff Writer; cgarcia@news-bulletin.com

Albuquerque A former Tomé postmaster who pleaded guilty last summer to misappropriation of postal funds was sentenced Tuesday to five years probation and to pay full restitution.

U.S. District Court Judge Christina Armijo sentenced 62-year-old Pearson Cummings, who was postmaster in Tomé from January 2004 to August 2005, for embezzling more than $16,000 from the post office. The judge ordered that Cummings must pay back the money he took.

Cummings was facing a maximum of 10 years imprisonment and a $250,000 fine.

"It would have been nice for him to get a little jail time, but he was very cooperative (with the investigation) throughout," Assistant United States Attorney Steve Yarbrough said in a telephone interview.

Cummings, who pleaded guilty to the single charge in July, admitted taking money from cash drawers and writing money orders to himself and others.

"I was able to embezzle this money because, as postmaster, I had access to and control of cash drawers and money orders," Cummings said in the court documents. "I converted this money and property for my own use and did so knowingly and intentionally, and without legal authorization.

"I know what I did was wrong, and I am sorry for embezzling those funds," Cummings wrote.

According to a sentencing memorandum filed in court last week, federal investigators initially interviewed Cummings on Aug. 24, 2005. At that time, the former postmaster gave a "complete and thorough admission to wrongdoing in this matter."

The memorandum, which was sent to Armijo, also contains letters from family and friends speaking on behalf of Cummings.

"Mr. (Cummings) was a wonderful boss and a friend ... Mr. (Cummings) was very involved with the community, by helping with the Boy Scouts of America and would volunteer when the post office surveys needed to be done ... He is dependable, trustworthy, a very hard worker, responsible and he puts others first," said one letter.

"I consider Mr. Cummings an honorable and respected person, and I hope this letter will demonstrate not only how I feel about him, but the boys and adults of Troop 864," another letter said.

One letter said that Cummings was a "pleasure to work with" and he had been a "caring, honest and helpful friend."

Cummings' defense attorney Michael Davis wrote that his client has cooperated fully with investigators.

Cummings had worked for the postal service in Portales for nearly 20 years until 2004 when he took the job at the Tomé Post Office.

"When he took the job, he was informed that he would be able to transfer back to Portales," the memorandum said. "Since his entire world, including his wife and family, was in Portales, this was the main reason he took the job because he saw this was a way to provide a greater income for his family.

"Unfortunately, the postal service changed its rules with regard to his position and, consequently, he found himself in Tomé without the ability to transfer to another postmaster position. This is where he began to have the difficulties with his finances."

The court documents say that Cummings was trying to maintain two households — the one in Tomé and the other in Portales. Because of his financial difficulties, he began taking money from the postal service to cover his debts, the plea agreement said.

Since being terminated from his job with the postal service, Cummings has been working for an ice cream company and lives in a fifth-wheel trailer in Veguita.

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