[JYO] inadvertent personal use of a town purchase [credit] card

From Leesburg Today...

Not Again? Employee 'Inadvertently' Uses Town-Issued Credit Card For Personal Use
Dan  Telvock

Sep 29, 2003 -- The mayor of Leesburg announced this evening that it appears another town employee may have used a town-issued credit card for personal use.

Mayor Kristen Umstattd said that shortly after 6 p.m., Town Manager Robert S. Noe received an email from “the airport director” for Leesburg Executive Airport stating it appears there has been “inadvertent personal use of a town purchase [credit] card by a town employee other than Michel Agujia.”

Agujia is the town’s former information technology director who was arrested Saturday on charges related to alleged misuse of a town credit card for escort services and car parts.

Umstattd said the airport director has secured all of the credit cards in that department to prevent “future inadvertent use.”

“Although it appears that the inadvertent use was caught by the employee at the point of sale and covered by the employee and did not show up on the monthly statement, Mr. Noe informed the Commonwealth's Attorney and myself this evening of the situation,” Umstattd said.

The mayor said what she knew was preliminary and could not say who the employee is or what was purchased.

“It appears that, in this case, the use of the Town purchase card for personal purchases was completely inadvertent, not intentional, and would not appear to be in any way criminal in nature,” she said. Now, all of the department's account statements are currently under review.

Noe and Umstattd may ask the town's auditors for an estimate cost to audit all credit card transactions and to “seek the recommendation of the town's auditors as to the value of audits of all transactions, versus one out of every five transactions, versus one out of every ten transactions.

“I would like to restate what I've already said publicly: we have a wonderful staff. They are committed to the highest levels of integrity.”

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Town Credit Card Case Goes to Court After Weekend Arrest
Dan  Telvock

Sep 29, 2003 -- The Town of Leesburg’s former director of the Information Technology Department was arrested this weekend and charged with three crimes related to alleged misuse of the town’s credit card while he was employed.

Michel Agujia, 38, of Frederick, MD, was charged with forging a public document, uttering and larceny by false pretense.

He is currently being held without bond at the Frederick County, MD, Adult Detention Center in Winchester, according to the Sheriff’s Office.

Agujia resigned Sept. 15.

On Sept. 10, this newspaper requested through the Freedom of Information Act, all of Agujia’s credit card records from 2001 to the current date and it was honored and then quickly canceled after Agujia informed Town Manager Robert S. Noe that Friday he misused the credit card for $400 in escort services. As the matter was investigated further, Leesburg Mayor Kristen Umstattd said that the alleged misuse may be much more than originally reported, possibly into the tens of thousands of dollars, for escort services and car parts.

Commonwealth’s Attorney Robert D. Anderson was prohibiting the town government from releasing anymore information about the case because it is an ongoing investigation. He sealed the credit card records and refused to release them. On Monday, he sent a letter to Noe stating that Agujia was arrested Saturday and that he is no longer asking that the town delay responding to FOIA requests for the records. However, the credit card records used for this case are still being sealed and Anderson said they will not be released.

“I respectfully request that only fully trusted employees handle these originals so that a complete chain of custody may be preserved,” Anderson wrote. In the letter, Anderson stated that the arrest is a “major milestone,” but there is “much more” investigative work that needs to be done before the case is presented to a grand jury for indictment.

“However, based on our conversations with you and Mayor Umstattd, I am convinced that you will be able to safeguard the original documents we will need to conclude the criminal investigation. The fact that Mr. Agujia is in custody supports that, as well,” Anderson stated.

The town government planned to hold a meeting at 7 p.m. to consider authorizing the town attorney to go to the Circuit Court for a declaratory judgment on FOIA compliance, but has since canceled the meeting.


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