HOA treasurer accused of stealing more than $200,000
KVOA News
By Lupita Murillo
07 November 2017

GREEN VALLEY - A trusted member of the community is accused of ripping off a home owner's association in Green Valley.

79-year-old Wendell Byram allegedly stole more than $200,000, leaving homeowners in the lurch.

In April, Byram showed up at the Pima County Sheriff's department in Green Valley, admitted to the theft and turned himself in, investigators said.

A homeowner, who wants to remain anonymous, said they are very familiar with the case. They live in the neighborhood where Byram was the treasurer for the home owner's association for the last seven years.

“He apparently had the full trust of the board members," the neighbor said. "They never asked to look at bank statements, and he kept two sets of books.”

Last spring there was a change in the board as the president stepped down and a new one took over. That's when officials learned about the missing money.

The homeowner we spoke with said they never trusted Byram. They said the money he allegedly stole was reserved for road repair.

“We've been building over a number of years backup money when we need roads. We own our roads we have to pay for our own road repairs and maintenance.”

It's also been reported Byram used some of the money for his business, "Presenter Products."  It's possible some of his neighbors may have suffered a double whammy: missing money from the HOA, and they also invested in his company.

The homeowner added, “I can't believe he lived in a neighborhood with people he's been bilking for four or five years.”

Pima County Sheriff's Fraud Unit has been investigating since April. One month ago, Byram was indicted on 16 counts including theft, fraud, forgery and computer tampering.

Detectives concluded the money was converted for personal use.

The homeowner told News 4 Tucson, “Byram also had new cars, so there are a lot of things he probably spent money on.”

Court documents show he sold his house in Canoa Seca Estate ll and moved into another one of his properties just down the road.

The takeaway, according to Sheriff’s deputy Ryan Inglett, “As a member of an HOA, where your money is being used for the betterment of your community, by all means, ask to see where that money is going. Ask for open books.”

The homeowner added that residents should use financial diligence, and have periodic checks and balances.

Byram is expected back in court in December.

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Former HOA treasurer gets jail time in theft
Green Valley News
By Kim Smith

A former HOA treasurer was sentenced Thursday to seven years' probation and six months in jail for stealing more than $203,000.

Wendell Odean Byram, 81, pleaded guilty to one count of theft and faced up to 12½ years in prison for stealing from the Canoa Seca Estates II HOA.

More than a dozen HOA members were in court when Pima County Superior Court Judge James Marner sentenced Byram and ordered him to pay more than $203,000 in restitution to State Farm Insurance and the HOA.

Byram must turn himself in at the Pima County Adult Detention Center by noon June 1.

Prior sentencing, Marner advised the crowd that the HOA itself was technically the victim in the case and so they would not be allowed to speak during the hearing. He said he read their letters in advance of the hearing, however, and was “somewhat surprised by the timbre and the anger expressed.” Many of the letters called for a prison sentence that the judge said would “essentially” be a death sentence.

“Under no circumstances do I believe this sentence is warranted,” he said.

For the rest of his life, Byram will have to look in the mirror knowing he is a “thief and a betrayer,” the judge said.

Byram was indicted in October on 16 counts of fraud, theft, forgery and computer tampering.

neighbor spotted an HOA check in Byram’s home written to himself

In April 2017, a neighbor spotted an HOA check in Byram’s home written to himself and told the HOA president, who went to the bank with a past HOA president, according to court documents.

While at the bank, the men ran into Byram and confronted him, according to court documents. Byram confessed to stealing from the HOA and turned himself in at the Green Valley substation of the Pima County Sheriff’s Department.

The investigation revealed Byram kept two sets of books and used a book with false information to give reports to the HOA board. Between January 2011 and April 2017, he took $235,267 for his failing business, “Presenter Products,” and paid back $31,750, court documents state.

Byram told detectives he intended to pay back all of the money and his wife, who had a separate bank account, was unaware of his actions.

Deputy Pima County Attorney Chris Ward requested that Byram be forced to make restitution but made no recommendation on a prison sentence. He told Marner that if the judge were inclined to place Byram on probation, it should be for the maximum term of seven years.

Deputy Pima County Public Defender Nathan Wade asked for the probation sentence, saying Byram turned himself in, provided prosecutors the evidence they needed to indict him, and has been remorseful from the start. During the investigation, Byram could have fled but did not, he said.

Byram never intended to steal $200,000, he was just trying to keep his company afloat and dug himself a hole he couldn’t get out of, Wade said.

“He kept trying to fix his mistakes in the worst way possible,” the defense attorney said.

Wade told Marner that Byram sold his home for the sole purpose of paying restitution. There was about $9,100 left after paying off his mortgage, he said.

Wade also asked the judge to keep in mind Byram’s age and the impact a prison sentence would have on Byram’s wife.

Marner directed Byram to address him rather than the crowd when Byram asked for permission to speak to his victims. Byram apologized for his actions.

it was easy to steal the money

“I betrayed a lot of people. There are 115 homes in that association and it was easy for me to do, it was easy to steal the money and I have no defense for that,” Byram said.

As a result of his actions, Byram said all of his friendships have been “cut off, and I understand why and again I want to apologize.”

Following the hearing, several HOA member expressed disgust with the sentence and Marner’s decision not to let them speak. They also suggested that despite his claims, Byram has the means to immediately pay some of the restitution because of his business and the sale of his home.

Court documents indicate Byram has nine accounts in collections with a total past due amount of nearly $45,000.

“It was a gross miscarriage of justice,” said Susan Siwek, a Green Valley attorney who was representing her mother, HOA member Geraldine Siwek, who is 94.

Jeannie North called the sentence “absolutely bizarre. I just don’t think justice was served at all.”

Bruce Tinney, who became HOA president after Byram’s arrest, said prison time would have been more appropriate considering the number of years Byram stole from the HOA.

“His defense attorney misrepresented him turning himself in,” Tinney said. “He wouldn’t have turned himself in if he hadn’t been caught at the ATM with the HOA’s debit card.”

Tinney said the HOA was put in a “financial bind” by Byram in 2017, and expressed the HOA’s appreciation to State Farm, which made the HOA whole. Thanks to reserve funds, he said none of the HOA’s projects were delayed.

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