The secret end to the embezzlement prosecution of a former South Weber councilman may soon become public, after all.
William Michael Poff, who was charged in 2014 with embezzling more than $200,000 from a Bountiful assisted living facility, resolved the criminal case against him earlier this month by entering into a secret diversion agreement — which led to the dismissal of three communications fraud charges, each a second-degree felony punishable by up to 15 years in prison.
The Dec. 15 settlement was agreed to by a deputy prosecutor and a defense attorney, and 2nd District Judge Robert Dale ordered that the filing be sealed.
But Davis County Attorney Troy Rawlings now says the case never should have ended that way. He said on Friday that he learned of the agreement on Thursday from a Salt Lake Tribune reporter, and has now asked his prosecutor, Rick Westmoreland, to reach a stipulation with the other parties to unseal the document.
Rawlings added that “it is not our office practice or policy to privatize court documents resolving cases.”
“I understand Mr. Westmoreland’s explanation and he is an experienced, talented prosecutor who has discretion in how he handles cases assigned to him,” Rawlings wrote in an email, “but in my view, the agreement absolutely should be public, as well as an explanation concerning why it was resolved in this manner.”
It is not clear how soon the court filing might be made public.
Diversion agreements, in which a defendant consents to terms and conditions in exchange for charges being dismissed, are fairly common in Utah — but the court records are almost always considered public information.
Poff, now 44, was accused of stealing money from Welcome Home Assisted Living from 2008 to 2010, according to charging documents filed in 2014.
The case had dragged on with numerous continuances until it was formally dismissed by the judge on Dec. 19.
Westmoreland had acknowledged Thursday that a private settlement in a criminal case “was probably a little bit outside the norm.”
But he said it was “something we all thought was in the best interest” of everyone, including the alleged victims in the case. Because the diversion agreement is sealed, it is not clear whether Poff was required to pay any restitution.
Poff had been a member of the South Weber City Council since 2012 and continued in the position after criminal charges were filed against him for two more years. He did not run for re-election.
Prosecutors had accused Poff of taking out several credit cards in his name while employed at the assisted living home, then charging several thousand dollars to the cards. He then used proceeds from the business to pay off the credit card debt, charges allege.
Poff also took out several credit cards in the name of the business, with himself as signatory, charges state. He then allegedly made charges on the cards that were for his personal use.
He also took several thousand dollars from the business and deposited the money into his personal bank accounts for personal use, according to charges.