The woman who embezzled more than $50,000 from the Rod Kelley Elementary School parent club more than 10 years ago violated her probation by failing to make monthly payments and must appear Tuesday at the Hall of Justice in San Jose.
Lori McVicar, who was convicted of grand theft and forgery in 2002, still owes $15,332 of the $54,533.39 tab she racked up by stealing money from Rod Kelley. McVicar, now 48, failed to comply with her own payment plan – which she submitted to the court back in 2007 – and thus violated her probation, according to Deputy District Attorney Kathy Storton.
This is the second time McVicar has violated her probation plan since starting a restitution payment plan. She is supposed to make monthly payments at increased increments until the total balance is paid off.
But that hasn’t happened, Storton says.
Since being deemed in violation by the Department of Probation, McVicar did make a $310 payment on April 2. The payments are supposed to be made to the Santa Clara County Department of Revenue, which in turn disperses the validated funds back to Rod Kelley.
McVicar was expected to pay a total of $2,485 in monthly payments beginning September 18, 2012 and has only made $1,125, falling behind by $1,360, according to the DA’s office.
Now, she will be in court Tuesday in room 29 on the third floor of 190 West Hedding St. in San Jose next week to explain herself.
Storton said the defense attorney may try to have McVicar’s probation terminated. If the judge grants the defense’s motion, McVicar will legally be allowed to leave the county without gaining permission from the probation department for the first time since being convicted 11 years ago.
“If her probation is terminated, she’s free to leave the county,” Storton told the Dispatch.
The DA added that if that’s the case, it will be up to the school - and not a probation officer - to keep tabs on McVicar and make sure she continues to pay back the money she embezzled by forging more than 16 checks intended for library books and playground equipment at Rod Kelley.
When McVicar appeared in court back in July 2007, she made a $3,200 payment – her largest since giving back roughly $24,000 of the sum since being convicted. When she submitted her payment plan, she was expected to pay $100 per month through 2007, then $150 per month until mid-2008, then $200 per month until September 2008, where she would finish out paying the total sum with $280 payments until there was a zero balance.
“I’ve done everything I’ve been asked,” McVicar said in June 2007 to Superior Court Judge Edward Lee, who is no longer presiding over the case.
Judge Rene Navarro is now presiding over the case.