Cindy Smith embezzlement case

[Proclaim]

To the IHMSA Membership.

Hello, My name is Joe Cullison (Region 7 Director)

RE: Cindy Smith embezzlement case.

I am writing to update you regarding the theft of funds by Cindy Smith. First, I want to thank everyone for their patience while the executive committee, the board of directors, and my wife, Tina Cullison, worked through the legal system to finally bring Cindy Smith to justice.

On February 7, 2019, almost 2 years to the day that she panicked upon receiving Tina's demand letter for restitution and confessed everything in writing, Cindy Smith had to stand before a judge in a Wyoming court. Tina had planned to attend to give a statement in person for us, but was prevented at the last minute by a snow storm in Cheyenne that closed the road from the airport. Nevertheless, she wrote a statement for us to the Parole and Probation Board and the judge as well as one for the District Attorney which left quite an impact.

What I can say is that Cindy's luck finally ran out. Her case was the last to be heard and she had to sit there and listen to the judge get angrier and angrier at defendants until it was her turn to be sentenced.

Cindy tried to convince the judge that she was sorry that she stole from her friends and that she had only saved $6,000. After years and months of the Smith's stalling, the judge did not believe her. She ordered that Cindy will have to turn over the $6,000 and showed her the letter she herself sent to Tina offering to pay $1,000 a month. When Cindy said she didn't have that much money, the judge told her to get a second job. She then entered the installments into the sentencing agreement.

Cindy then told the judge she would talk to Dave Smith about selling some of their possessions to raise the money.

This asset liquidation has been the main focus of Tina's argument since we first requested her help in this matter. And she has relentlessly pounded the Smiths, their attorney, 3 separate Deputy District Attorneys, the Victims Assistance representative, the Parole and Pardon Board, and the judge on this point: the Smith's have had the means to repay the stolen funds from day 1 but have chosen not to use them.

I may be a little biased here, but my wife handed the DA a rock solid case with evidence that included a signed confession. She took away every excuse and explanation that the Smiths tried to use before they could use it. She negotiated the Smith's attorney into revealing their strategy going forward. And she proved to the judge that the Smiths 'negotiating' since April 2017 was in bad faith as Cindy had already tried to declare Chapter 13 bankruptcy to secure their home. Throughout the plea negotiations, Tina has pushed for asset seizure. In the end, the newest DA and judge allowed no mercy during her sentencing.

The terms of her formal sentencing are that Cindy Smith will be required to pay $54,640 to IHMSA. She will have to forfeit the $6,000 immediately and then make installment payments in the amount of $1,000 a month until full restitution has been completed. She will remain convicted under the felony statute UNTIL full restitution has been completed. Her status will then be reduced to a misdemeanor. Prior to IHMSA receiving any payments, she will first have to pay court costs.

Although Cindy stole $72,000, about $10,000 were done in 5 states other than Wyoming and is outside their jurisdiction. And we would not be able to extradite her to each state to face charges over less than $2,000 per state. The original DA also excluded the Amazon charges saying that the internet charges could not be determined to have been made while in Wyoming. Tina presented a clear and compelling argument proving that Cindy did not get in her car and drive over the boarder for 10 minutes to buy a doodad, then come home and 10 minutes later buy something in town. The Smiths attorney refused to accept them as part of the plea deal and the DA caved. They amounted to about $6,000.

This all now begs the question of what happens when she misses a payment? Tina is pestering the DA, Victim's Assistance, and the Parole and Probation Board for an answer. Getting an answer has been difficult because during the last election, the people of Cheyenne elected a new District Attorney who fired all the previous Deputies for incompetence. The new Deputy who has our case felt, as Tina did, that the plea deal was too favorable to the Smiths, but she was bound by it. However, if Cindy violates the terms, the new DDA can rescind the plea deal completely. If she does this, Cindy could remain a convicted felon forever, find herself in jail, and force asset forfeiture. This may be why the Smiths are suddenly considering liquidating their assets.

We are currently waiting for the judicial sentencing order to be officially entered. This is solely dependent on the speed of the judge and there is not much we can do until she enters it. But is has not stopped my wife from pursuing other matters she feels are important. First - as a convicted felon, Cindy Smith cannot legally own firearms. Further, a convicted felon is not permitted to reside in a home with firearms. Tina has informed the DA and Smith Attorney that we will gladly take $54K worth of firearms off their hands to resolve that problem!

As you can see, we have been diligently representing you, the membership, during this process. I can assure you that the board, executive committee, and my wife will continue to push the Smiths until we are made whole and I will provide information to you as it becomes available.

Thank you again,
Joe Cullison