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.
top
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.
top contents
appendix
previous next