| Theft ring leads to prison |
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| Written by BILL RYAN/Sentinel Staff Writer | ||
| Tuesday, 26 June 2012 15:20 | ||
Herbie Betz, 42, of Sylvania, was sentenced by Wood County Common Pleas Court Judge Robert Pollex. The judge previously ordered Betz’ wife, Michelle, 43, to five years in prison, as well as the defendant’s mother, Thelma Fowler, 69, to eight years in prison. The trio were considered the ring leaders of a crime spree involving 70 individuals. The crime spree spread across six counties in Ohio, four counties in Michigan and two counties in Indiana. Betz was previously convicted by a jury on eight felony counts. Pollex ordered eight years on the first-degree felony offense of engaging in a pattern of corrupt activity; 30 months on his money laundering conviction; 11 months each, on two counts of illegal use of food stamps; and 16 months each, on four counts of receiving stolen property. Because of the lack of prior criminal history or convictions, the judge ordered all the sentences to be served concurrently, for an aggregate total of eight years. Betz’ attorney Jeremy Levy, argued for a minimum sentence, and following the judge’s orders, immediately, asked for an appellate bond. The judge denied the bond, telling Betz and Levy, that perhaps the appellate court might consider it, but he did not feel it was justified. The case involves more than $500,000 in stolen merchandise and roughly 70 co-defendants. The crime spree dates to 2008, with most of the indictments issued last Sept. 7. Despite the guilty verdicts, Levy, was still maintaining his client’s innocence at Tuesday’s sentencing. “He was not nearly as culpable as the others involved,” Levy told the judge. “He was only peripherally involved, if at all.” Many of the charges involved hundreds of thousands of dollars worth of retail store gift cards which had been acquired through the return of stolen merchandise by some of the co-defendants. Betz and members of his family would purchase the cards at 50 cents on the dollar. Testimony during the trial convinced the jurors he knew the cards came from stolen merchandise. When given the opportunity to speak on his own behalf, Betz was silent. Levy stated because of the planned appeal he had instructed his client not to speak. Gwen Howe-Gebers, an assistant Wood County prosecuting attorney, called Levy’s request for a minimum “laughable and a slap in the face.” She requested a 15-year prison sentence. “It’s remarkable, he is still putting the blame on everyone else,” Howe-Gebers added in speaking of items revealed in the pre-sentence investigation. She referenced his blaming both his wife and mother for being more involved and buying more of the cards. He also blamed the investigators for taking so long and allowing the amount and value of the crimes to escalate. In challenging the claim he was less culpable, Howe-Gebers described Betz as “the most conniving of the three.” She reminded the judge of the testimony during the trial where Betz had warned his family about the need to be less open with their actions. She also recalled the testimony she said Betz “gave directions on what to steal,” and how many of those items ended up in rental properties owned and operated by Betz. The prosecuting attorney said, “He is just as, if not more, culpable than his mother.” She also asked for payment of restitution in the amount of $250,000, the same figure ordered in both his mother’s and wife’s cases. Levy objected to the amount, so the judge ordered a restitution hearing to be held on Aug. 8 at 9 a.m. In issuing the sentence, Pollex called the situation a tragedy and said, “The court finds no pleasure” in putting the participants away. He also stressed how, if not for Betz and his family, the dozens of drug-addicted co-defendants who would steal the merchandise and use the money from selling the items or gift cards to feed their drug habit. After denying the request for an appellant bond, Pollex ordered Betz to immediately be taken into custody. Deputies from the Wood County Sheriff’s office complied. |
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| Last Updated on Wednesday, 27 June 2012 09:18 |
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