by Keith Sherley, WNWS and P5D

(January 31, 2015) JACKSON Tenn —   Former University School Of Jackson, Financial Services Manager, Jessica Pinkerton was sentenced Friday in U.S. District Court for stealing more than half million dollars from the school. Pinkerton also plead guilty to filing income tax return.

In July, 2014 Pinkerton pleaded guilty to one count of wire fraud and one count of tax fraud.

Chief U.S. District Judge Daniel Breen sentenced Pinkerton to serve 12 months and one day incarcerated and two years of supervised release.

As a part of the plea agreement Pinkerton will owe restitution of $606,375.33 to the University School of Jackson and $143,168.37 to the Internal Revenue Service.

Attorney Tim Crocker, who represented Pinkerton, said the sentence was fair given the amount of money involved and the fact that it was her first offense.

Pinkerton’s attorney and family were hoping she could avoid in jail time by serving her sentence under home confinement.

BACKGROUND

According to the criminal information and statements made in court, Pinkerton was employed as a financial services manager at the University School of Jackson (USJ) from 2008 to 2014.
Beginning in late 2009 through early 2014, Pinkerton, in her capacity as financial services manager, initiated Automatic Clearing House (ACH) transfers of USJ funds into her personal bank account.

Pinkerton also filed a 2013 IRS form 1040, stating that her earned income was $29,321 when it actually was $195,689.71.

IN THE COURTROOM

Assistant U.S. Attorney Victor Ivy prosecuted the case for the government. Ivy did not call any witnesses but he did ask the judge to allow USJ Headmaster Stuart Hirstein to read a statement to the court.

Hirstein told the court that “this turned a page” but it wasn’t over.

Hirstein said Pinkerton stole from all of us, she was in a trusted position and betrayed the trust of many. USJ is a close family and Pinkerton was considered a part of the family. Parents invest time and energy as well as money into the school. He said she stole to indulge her own desires.

Hirstein ask the court to consider all the damages to the school including the cost of a temporary employee and for a forensic auditor to examine all the books for losses.

The U.S Attorney’s office told the court and it ruled a plea was already agreed by both sides for the damages stated.

THE DEFENDANT

Attorney Tim Crocker called four witnesses and Jessica Pinkerton as witnesses. The common thread was how remorseful Jessica is for what she did, what an otherwise good person, active in church, good mother, how surprised everyone was when Jessica told them what she had done, and how she wanted to make everything right.

Bill Espy, pastor of the Antioch Baptist Church, testified that he knew Jessica to be involved in church, active in different groups. He also said he frequently observed Jessica’s “tireless devotion” to her 6-year-old daughter. He said Jessica told him what she had done and said she wanted to make it right. Espy refered her to counseling which she testified she was still participating in.

Tina Luckey, Jessica’s stepmother, was the second on the stand. Luckey told the court she met Jessica when Jessica was four-years-old. That is when she and Hal Luckey, Jessica’s father, were married. Luckey said Jessica came to live with them when she was in the 4th grade. Luckey described Jessica’s life to that point as on filled with abuse, neglect, and domestic violence.

According to Luckey, Jessica’s mother was an alcoholic, prone to binges and blackouts. She said her mother had men in the home in front of Jessica and would give her medicine to make her go to sleep. Luckey said Jessica described fights between the mother and stepfather that were violent.

Luckey said Jessica was a wonderful mother to her own daughter and completely devoted to everything she wanted.

Hal Luckey testified on behalf of his daughter. He told much of the same that his wife had testified to including all the abuse and neglect his daughter experienced while living with her mother.

Luckey told the court his daughter was a hard worker and would do everything she could to make everything right and pay every penny back to everyone that had suffered because of what she had done.

Hal Luckey said his daughter would not suffer anymore by putting her in prison because she was already suffering every day.

Luckey told the court he had given his daughter $175,000.00 toward payment of restitution to the victims which he said they paid that day plus Jessica cashed in a retirement account for $19,000.00 He said his friends had advised against it, that he had no legal or moral responsibility but he said he had a “momma and daddy responsibility”. He told the court the family would stand by her and help in every way including seeing that all the money was repaid. He described what his daughter did as “one big mistake” and said they were determined to help her get back on her feet.

Hal Luckey told the court his daughter could spend her home confinement in their family home.
Both Hal Luckey and his wife Tina told the court Jessica’s daughter had to be considered and how all of this would affect her especially if they were separated. They wanted the court to rule that justice could still be served if Jessica didn’t have to go to jail and was allowed to remain with her daughter.

Jessica Pinkerton was the last to take the stand.

Jessica testified to her abusive childhood. She told the court of hiding under the bed for fear of her safety when her mother and stepfather would fight. She talked of having to take money and buy food and a service station just to eat. She vividly described a house of drugs, booze, and violence and neglect.

According to Pinkerton her counseling had helped her realize that she did what she did because of problems she had with her own birth mother. She never wanted her daughter to have to do without. “I was trying to give her the security that I didn’t get through material things,” she said.

Pinkerton said that she used the money to buy designer clothes for herself and her 6-year-old daughter and to go on nice vacations two or three times each year. The stolen money was also used to purchase their home. She said she was in an environment with people who had a lot of money and she wanted what they had.

She said that once she started taking the money, it was hard to stop. “I got myself into something I could not get out of,” She said she felt guilty the whole time and had many sleepless nights. Addressing the court Pinkerton told the judge. “I know that the USJ community trusted me, I betrayed that trust, and I’m sorry for that, but please consider my daughter.”

In the end Judge Daniel Breen had the final word. He acknowledged the fact that Pinkerton cooperated with authorities after her crime was uncovered. He also credited her for being remorseful and accepting responsibility for what she had done.

But the Judge also emphasized the size, magnitude, and breadth of the crime. Breen told Pinkerton that she had a position of trust both with the school and the public and she abused that trust. He said that hers was not a aberration but a well devised scheme to steal money over many years.

Pinkerton will serve her time of 12 months and 1 day, less time already served, in the “closest women’s facility.