Appeals Court Overturns Postal Worker?s Conviction for Theft

[snafu]

Michael Sargent, a former Bulk Mail Technician in Anchorage, AK, won a reversal of his conviction and sentence of 30 months in prison for theft of public property and theft of postal service property. An Appeals Court ruled that 1) the district court erred by holding that USPS proved Postage Statements [PS Form 3602] had “value” in excess of $1,000 which is a felony. The 29-year postal employee was convicted for failing to charge customers over $400,000 in bulk mail shipments — made of items such as business mailings and brochures — because he said he wanted to bankrupt the United States Postal Service, in part because of a missed promotion and its overtime policy. See decision USA vs Sargent

 

Previous Press Release from the U.S. Attorney’s Office

 

ANCHORAGE, AK – Acting U.S. Attorney Deborah M. Smith announced today that former Postal Service employee Michael Sargent, 48, of Anchorage, was sentenced in U.S. District Court in Anchorage by U.S. District Court Judge Ralph R. Beistline to 30 months in prison for theft of public records and theft of property used by the U.S. Postal Service (USPS).

 

Sargent was previously found guilty by the Court for stealing postage statements, financial documents provided by bulk mail customers which calculate postage due. Sargent then cleared their mail for processing, and did not make the proper computer entries to transfer funds from bulk mail customer accounts to the United States Postal Service. Sargent then stole and destroyed the postage statements so that the financial loss would not be discovered by the USPS.

 

In court records, Judge Beistline found that Sargent was angry with the USPS because of perceived injustices and sought to injure the agency. The judge noted the defendant was upset by the USPS overtime policy and the loss of a promotion. He sought to injure the USPS by reducing the monies it received from postal customers, and he wanted to “get his pound of flesh.” His actions “were steeped in anger and a desire for revenge,” Judge Beistline said. The loss inflicted upon the USPS was $449,265.18.

 

At great time and expense, the USPS has been able to recover a significant portion of the loss amount, but collection efforts are ongoing against several bulk mail customers, according to court records.

 

When imposing sentence, Judge Beistline stated that he wanted to send a message that it is not acceptable for an unhappy employee to attempt to destroy his company or agency; such serious criminal conduct will be dealt with severely.

 

This case was investigated by the United States Postal Inspection Service and United States Postal Service, Office of Inspector General.

 

http://www.postalreporter.com/sargent0907.pdf

 

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He gets the case overturned because the Post Office failed to prove the value of the documents he stole. Even though the firm lost $449,265.18 in revenue the documents were for accounting purposes only. Shouldn’t the Post Office be able to retry him for the loss of unpaid services? I mean that’s what they should have tryed him for in the first place. Second do you think he can sue the Post Office for the time spent behind bars ( over a year now)?

[Old Salt]

I would expect to hear that he's filed a lawsuit. :(

[ToriAllen]

As stupid as this sounds, I think they charged him with the destruction of property/theft of the paperwork because it is a crime subject to jail time. I'm not certain but I think that might be the only 'crime' he committed. Because he did not steal the money that was lost by the post office, it was not a criminal act, but a tort. Torts are personal injury claims and can only recover damages (money). You can't squeeze blood from a turnip. If they filed a civil suit against him for the tort involving lost profits then they would end up spending more money on a law suit that would never be recovered on.

 

I think that is right, but I'm not fully sure. In criminal court there can only be a conviction if there is a law against it. A lot of times courts rule in a way that goes against the conscience knowing that it will get the legislature moving on making or correcting a law.

[snafu]

So they couldn't retry him because that would be double jeopardy? And they probably could do have a civil suit but it wouldn't be worth it. Is that what your saying? Other people I have talked with about this think he can now sue because he was giving a sentence of 30 months. Which is the federal sentence for stealing something over $1,000.00 dollars. Some are guessing a plea bargain to get his pension back at least. He had 29 years of service.

[ToriAllen]

There would be no point in retrying him for the same thing because it has already been ruled on. The only suit they could bring against him for the loss of profit is the civil tort, and that wouldn't be worth it. As for him suing them, he can try but I can't see him winning anything. He was at least fired for good cause and he really wouldn't be very sympathetic to a jury.

[Cloaked]

If they chose to, this case could be tried again. If a guilty verdict is overturned on appeal then the person can be tried for the same crime again.

 

In this case they would waste time.