A Rushville village trustee arrested in November 2018 was convicted of grand larceny in Ontario County Court Nov. 6 after stealing over $400,000 from her employer.
Kimberly Payne, 52, pled guilty to 2nd degree grand larceny (class C felony) and 4th degree grand larceny (class E felony) before Judge Brian Dennis in a negotiated plea for 1 year of interim probation, and payment of $440,765 restitution to Enetics Inc., Victor-based technology company, and $26,619 to N.Y.S. Dept. of Taxation and Finance. Payne faces final sentencing Nov. 4, 2020 upon completion of her interim probation
The prosecutor in the case, Ontario County Assistant District Attorney Melanie J. Bailey said, “Payne stole over $400,000 from the victim, a local company who had employed and entrusted Payne for many years. Payne abused that trust for her own financial gain, at the expense of the company, and with complete disregard for any potential risk to the company or the jobs of her former coworkers.”
Ontario County Sheriff’s Deputies say Payne stole money from her former employer for over a decade. Police say she was responsible for handling financial accounts and she used her position to forge checks and electronically transfer money into various personal banking accounts. Investigators said Payne also altered the amount of her contribution toward her own health insurance.
Bailey explained the sentence, stressing, “Over the next year, Payne will be supervised while on interim probation, during which time it is important that there be a demonstration of law abiding behavior, taking responsibility for her criminal actions, and otherwise complying with the terms and requirements of probation.”
Payne is facing similar charges in Steuben County: 3rd degree grand larceny and 1st degree falsification of business records. According to staff there, a plea offer has been made in that case but no resolution has yet been reached.
Rushville Mayor John Sawers, who is Payne’s father, says Payne resigned her seat as a Trustee on the same day as her conviction, Nov. 6. He says he anticipates appointing a trustee to fill the position, if he is able to find an interested resident, until the next village election March 18, 2020.