Army Captain Steals $48,000 Through Secret “Illegal Mechanism”

Thursday, 07 June 2012 00:00 Nick Sanders
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Theft
We almost decided to pass this one over because there’s not a lot of meat on the bone to chew on. But then we thought, “Why don’t we know more? Where are the lessons to be learned?” The answer to those questions is that the Department of Justice did not see fit to share details of the crime, even though knowing how the crime was committed might aid others in preventing future occurrences.

In that vein, remember “Captain Mike”? Sure you do, because we wrote about him more than once. In our first article, we told you that Captain Mike stole at least $690,000 in emergency response program funds from a safe from his battalion’s station in Iraq. We don’t know exactly how much Captain Mike stole because—even though he was the only person who had access to the funds stored in the battalion’s safe—nobody ever detected his crime. Not his replacement, not his commanding officer—nobody. It was only when he returned to the USA in 2008 and began displaying a lavish lifestyle in his Oregon hometown that somebody noticed and wondered where an Army Captain got the funds to purchase a brand-new Hummer and a brand-new BMW. That somebody was the IRS.

The story of “Captain Mike” led us to note a couple of troubling trends related to crimes committed by (former) active military service personnel. Things that bugged us included—

The latest case that came to our attention seems to continue those trends. It concerns another (former) Army Captain who was stationed in Iraq, and who used her position and the lax internal controls to steal $48,000. According to the DOJ press release, Captain Nichole Luvera, age 29, pleaded guilty to one count of “theft of government property” for her crime. She faces up to 10 years in prison but no doubt will receive a considerably lighter sentence from the Judge. The DOJ reported that—

… from July 2007 to September 2008, Luvera was the deputy disbursing officer on Camp Speicher in Iraq.  Luvera was responsible for daily financial management and accounting of all money kept at Camp Speicher for the payment of obligations of the United States.  In this capacity, Luvera had access to the vault and safes inside the vault in which all the money at Camp Speicher was kept.  According to statements made at the plea hearing, Luvera admitted she knowingly and unlawfully stole and converted to her use and the use of others $8,000 not reflected in the official accounting record.  Luvera also admitted that on a subsequent occasion, she devised an illegal mechanism to steal and convert another approximately $40,000 from the safe at Camp Speicher by fraudulently creating records to explain the absence of the money.

Now admittedly, Luvera’s crime pales in comparison to Captain Mike’s audacity. She stole an amount that was less than 10 percent of Captain Mike’s take. And she was caught, apparently by some means other than the IRS. Which is all good.

But notice that we still don’t know the details of her crime. What, exactly, is this “illegal mechanism” that she devised to “steal and convert” the bulk of the stolen funds? We know it involved creation of false records of some kind—but which ones? And how was she caught?

Also notice that Luvera’s creation of false records might have subjected her to prosecution under the False Statements Act. Prosecutors declined to go there; perhaps it was a part of the plea bargain.

So we are left with the feeling that there’s more to this story than the press release tells us. Which is kind of frustrating, right?