JUDGE: EX-EIDC EXECS TO GO TO TRIAL ALLEGATIONS ALTERED; CHARGES COMBINED.Byline: Beth Barrett Staff Writer A judge ruled Thursday there is sufficient evidence to proceed with the embezzlement embezzlement, wrongful use, for one's own selfish ends, of the property of another when that property has been legally entrusted to one. Such an act was not larceny at common law because larceny was committed only when property was acquired by a "felonious taking," i. case against former Entertainment Industry Development Corp. President Cody Cluff. Superior Court Judge Larry Fidler also said charges of forgery and of counterfeiting a city seal against Cluff and Darryl Seif, an EIDC official, could move ahead. No trial date was set. The judge consolidated seven of the 11 felony charges against Cluff, saying they could be argued under a broader charge alleging Cluff embezzled em·bez·zle tr.v. em·bez·zled, em·bez·zling, em·bez·zles To take (money, for example) for one's own use in violation of a trust. more than $100,000 as part of ``a pattern of related felony conduct.'' The change means the possible maximum penalty for Cluff would be reduced from 11 years and eight months to 8 years and eight months if he is convicted, Snyder said. Deputy District Attorney Jennifer Lentz Snyder called the judge's decision a ``matter of housekeeping, nothing more.'' ``The strength of the case is not assailed,'' Snyder said. ``Cody Cluff used EIDC as his own personal bank.'' Mark J. Werksman, Cluff's attorney, said he is weighing an appeal but said he welcomed the judge's action in paring down the indictment, issued Aug. 20. Cluff has denied any wrongdoing wrong·do·er n. One who does wrong, especially morally or ethically. wrong  do . ``The judge took a meat ax to the indictment,'' Werksman said. ``I'm happy. The case has been reduced to a manageable single charge of embezzlement we can rebut To defeat, dispute, or remove the effect of the other side's facts or arguments in a particular case or controversy. When a defendant in a lawsuit proves that the plaintiff's allegations are not true, the defendant has thereby rebutted them. TO REBUT. .'' John S. Crouchley, Seif's attorney, said he would immediately appeal. Seif also has denied wrongdoing. Fidler also said he believes the EIDC - created in 1995 by merging city and county agencies to expedite issuing permits for location filming in the area - is a quasi-public agency, with both public and private aspects. Cluff and other EIDC officials have always argued it is private. According to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. the grand jury transcripts, Cluff ran up hundreds of thousands of dollars in expenses, including signing his family up for a $15,000 country club membership, and contributing $36,000 in EIDC funds to Covina High School Covina High School is one of three comprehensive high schools within the Covina-Valley Unified School District. Established in 1899, Covina High is accredited by Western Association of Schools and Colleges. There are approximately 1,304 students enrolled for the 1997-98 school year. , where his sons played football. He also spent $8,000 on strip clubs and $10,000 on the Pittsburgh Film Office, headed by his girlfriend, Dawn Keezer, according to the transcripts. He also took trips, including one to a fantasy baseball Fantasy baseball is a game whereby players manage imaginary baseball teams based on the real-life performance of baseball players, and compete against one another using those players' statistics to score points. camp in the Dominican Republic. Beth Barrett, (818) 713-3731 beth.barrett(at)dailynews.com |
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