Greg Solano reads a statement Wednesday after he pleaded guilty to five third-degree felony counts of fraud for embezzling county-owned items and selling them on eBay for personal gain. - Natalie Guillén/The New Mexican
Former Santa Fe County Sheriff Greg Solano awaits the beginning of a plea hearing in state District Court on Wednesday. - Geoff Grammer/The New Mexican
Former sheriff Greg Solano, left, appears Tuesday before District Judge Stephen Pfeffer with defense attorney Tom Clark. - Natalie Guillén/The New Mexican
Defense attorney Tom Clark represents Solano during the plea hearing Tuesday before District Judge Stephen Pfeffer. Solano was sheriff for nearly eight years. - Natalie Guillén/The New Mexican
Former Sheriff Solano pleads guilty to five counts of fraud
Geoff Grammer | The New Mexican
Posted: Wednesday, July 20, 2011 -
There was no badge. No gun on his hip. No police uniform. No smile. And no chatty conversation with reporters.
Hallmarks of Greg Solano's nearly eight-year tenure as Santa Fe
County sheriff were gone Wednesday, reduced to a somber demeanor tucked
in a dark suit, a few "yes sirs" to a judge, one brief prepared
statement apologizing to taxpayers, and a very quick walk out of the
state District Court complex with his wife on one arm and daughter on
the other.
The onetime ambitious, up-and-coming politician and lawman pleaded
guilty Wednesday to five third-degree felony counts of fraud for
embezzling county-owned items and selling them on eBay for personal
gain. Each count carries a sentence of up to three years in prison.
"To the people of Santa Fe County, Mr. Solano was elected to protect
and serve, not to steal and profit," said special prosecutor Matt
Chandler, the Clovis-based district attorney. "In an era where public
trust is becoming the topic of the day, it's time to send a message that
gross misconduct by public officials will be strictly punished."
The case originated with Solano's limited November confession,
followed by a January arrest on 251 counts of embezzlement (some
misdemeanor, some felony) and one felony count of fraud. If he would
have been convicted on all the original counts, Solano could have faced a
maximum sentence of well over 100 years in prison.
As part of his plea agreement, however, the state will seek no more
than eight years of prison time, and up to 15 years of probation if
Solano violates any of his special probation conditions.
Chandler said he made the decision to essentially consolidate the
original embezzlement charges to five counts of fraud, and that if the
case would have proceeded to trial, he was prepared to show that Solano
was a "habitual gambler" who spent some $3,000 from a PayPal account
linked to his eBay sales at various casinos.
That is a claim to which defense attorney Tom Clark objected, saying
anything not specifically stipulated in the plea agreement should be
reserved for a yet-to-be scheduled sentencing hearing. Solano, in a
text-message exchange after the hearing, also denied the "habitual
gambler" claim. He pointed out that he agreed to a stipulation in his
plea agreement that he not gamble — either online or in a casino or
house game — while serving what could be up to 15 years of probation.
Other conditions set forth in the plea agreement covered probation
costs that Solano will owe, a requirement that he can't own a firearm
and his agreement to immediately surrender his law-enforcement
certification. He also will have to submit a DNA sample as a convicted
felon.
After Wednesday's hearing, the 47-year-old Solano read a prepared
statement in which he sought to assure taxpayers that he will try to
repay them financially and addressed the trust he violated.
"Today was the first step in doing what I always said I would do,
and that's take responsibility for my actions," Solano said before
leaving court without answering questions from reporters.
"I want to apologize again to the community, my friends and my
family, the sheriff's office and the county of Santa Fe. I will continue
to work to make right for what I have done wrong. I want to thank the
district attorney, Matt Chandler, the New Mexico State Police and agent
Jesse Williams for doing a professional job. I apologize to them as
well."
Solano, who also thanked defense attorneys Brooke Gamble and Tom
Clark, started his return to the public spotlight Wednesday with a
message to the more than 2,000 people on his Facebook account,
expressing a similar sentiment: "Today I begin officially taking
responsibility for my actions, I apologize again to everyone and I thank
all of you who have given me prayers and words of encouragement. God
Bless."
Chandler says he will not only request an eight-year prison sentence
but also will ask District Judge Stephen Pfeffer to order Solano to pay
about $137,000 in restitution — $73,364 for the 330 items identified as
being part of the fraud and $64,200 for the county's expense in hiring
an independent firm to conduct an extensive forensic audit of the
sheriff's office.
Solano's defense team says restitution should total around $25,000.
Many of the items Solano sold on eBay, Clark says, were used items, and
restitution for those should be based on market value, not the purchase
price of those items. The independent audit's calculation of $73,363 is
derived from the purchase price of all the embezzled items. Clark added
that forcing Solano to pay for the audit would be "inappropriate," a
claim Chandler countered by pointing out that defendants are often asked
to pay for investigation costs that arise from their crimes and
asserting that the audit assisted in the investigation.
As to the proposed eight years in prison, Clark almost laughed off
the suggestion as one that would be counterproductive if the true goal
is to seek repayment to taxpayers.
"I've never had a client, and neither has (lead defense counsel
Brooke Gamble), who has been more remorseful for the crimes he committed
against society than Greg," Clark said. "Putting him in jail won't
serve any purpose. He is a lot better to the community out of jail than
he is in jail if restitution is to be paid back."
Clark added that Solano is working three jobs — neither the attorney
nor Solano would say what those jobs are — in an effort to save money
to make restitution. During the plea hearing, Clark said Solano could
come up with about $12,500 for restitution by the time of his
sentencing.
But first, Pfeffer will have to hold a hearing to hammer out details
of what exactly the former sheriff will owe. Clark and Chandler made it
clear that while both sides made extensive efforts to reach a plea
agreement, they were nowhere close to agreement on the restitution
issue.
Solano has stipulated he'll pay back the full purchase price of
items that were purchased new. However, Pfeffer could require a court
hearing to go over each piece of used property in question in order to
determine the fair market value of those items.
Solano resigned in November with a letter to county commissioners
that also served as a confession of sorts. He said that for a couple of
years, he had been selling some used sheriff's office items, mostly
expired bullet-proof vests, to families of people working in the Middle
East, so he could get money to help pay off his mortgage.
In the following weeks, it was learned that Solano's resignation and
confession came after an eBay customer "tipped him off," as Chandler
described it in court Wednesday, to a state police investigation that
was triggered by a reserve sheriff's deputy in Texas. That man had
bought a bullet-proof vest through Solano's eBay account and, while
trying to get the vest resized, learned it was registered with the Santa
Fe County Sheriff's Office. He then alerted New Mexico State Police.
An examination of eBay records showed Solano mostly, although not
exclusively, sold brand-new items such as blank compact discs, ink
cartridges and handcuffs, in addition to the used vests and flashlights
he initially admitted to selling. Police also discovered his eBay sales
dated back much longer than the two years he initially admitted to.
Police say the earliest eBay records that could be retrieved date as far
back as January 2007.
Solano, who has no prior criminal convictions, was about five weeks
shy of completing his eighth year as sheriff when he resigned.
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