Anderson agrees to ‘Alford’ guilty plea in embezzlement case

Gerald-Anderson-mugBy Joshua Scheer, reporter, county10.com

(Riverton, Wyo.) – A plea agreement has been filed in the case against Gerald E. Anderson, who is charged with embezzling millions of dollars from Star Tech Inc. in Riverton.

The agreement, filed on Jan. 17 in the Ninth District court in Lander, stipulates that Anderson will plead guilty to two charges of Larceny by Bailee. Affidavits in the case allege he wrote checks payable to himself and “converted the funds to his own or another’s use by depositing the money into his personal bank account at Wyoming National Bank.” Originally, 64 charges were filed against him over the last year, alleging he stole more than $4 million. Each of the Larceny by Bailee charges are felonies that carry with them punishments of 10 years in prison and $10,000 in fines.

(Read more about the case’s background here.)

The agreement states that Anderson would enter Alford pleas to both charges. According to Trial.Laws.com, an Alford plea is not exactly the same as a guilty plea. “He/she continues to assert that, to the best of his/her knowledge, he/she is innocent of the crimes that he/she is being charged with,” the website states. “However, he/she admits that, based upon the available evidence, the charge will most likely be proven by the prosecution.”

A change of plea hearing has not yet been scheduled. Anderson previously pleaded not guilty.

For his Alford plea, should the court accept the agreement, Anderson would serve between six and 10 years in prison for the first charge without a chance for a suspended sentence. He would receive credit for time already served. For the second charge’s Alford plea, Anderson will be sentenced between 8 and 10 years in prison to begin after the first sentence. “However, it shall be suspended in lieu of 10 years supervised probation,” states the agreement. Probation terms would be left to the court’s discretion.

“The Defendant stipulates to $1,500,000.00 in restitution payable to Star Tech,” states the agreement. “The restitution figure will apply to his convictions under Count 1 and Count 1. Defendant shall be entitled to argue that he is incapable of paying restitution and the State of Wyoming shall be entitled to argue that Defendant is capable of paying restitution.”

Any violation of the agreement by either side would render the agreement null and void, and Anderson would be permitted to withdraw his plea.

The prosecution also agrees that should the U.S. Government charge and sentence Anderson, the new sentence would run concurrent with the consequences of this agreement.