4 min read

AUBURN – A former sewer clerk pleaded guilty Thursday to stealing money from the Livermore Falls Sewer Department and was ordered to serve 60 days in jail beginning Monday morning.

Androscoggin County Superior Court Justice Donald H. Marden also ordered Faith Nichols, 37, of Livermore Falls to serve four years’ probation and do 240 hours of community service in Livermore Falls. She also must pay at least 8 percent of her monthly salary toward restitution. She has repaid about $56,000 of the $102,000 she was accused of taking from the town.

Nichols, her voice shaky, apologized to her two children who live with her, her family and the community where she grew up.

“A lot of these people were more than customers,” she said.

She also apologized to town Treasurer Kristal Flagg, who was not present, saying she was more than a co-worker, she was a friend.

When Marden asked what her town salary was, she said she brought home $420 a week.

He asked her what happened to the money she took.

Nichols said she had previously had her own sales business and was a top seller once. When something happened in her life, which she did not explain in court, she got out of the business and chose a “very poor way” to come up with the money to continue to live the same lifestyle.

Marden said there was a letter from the treasurer asserting that Nichols destroyed sewer records, purged her computer, took checks and got into the treasurer’s safe and destroyed discs and other documents. Flagg’s letter, which Marden read in part to the court, said Nichols betrayed the trust and had left a black mark.

Nichols denied she destroyed records and took checks.

“As much as I hate to admit, I took cash,” Nichols said.

If she did purge her computer, she said, it was by accident and not intentional.

“I did not destroy their records or their disks,” Nichols said.

As Nichols waited for Marden to pronounce the sentence, she wiped her eyes occasionally and contained her tears.

“This is a lot of money taken over an extended period of time by a person entrusted by the citizens and taxpayers of Livermore Falls to see the funds put to the purpose of the public,” Marden said.

He went through analysis of factors in the case and said, for the record, that the court disregarded that it had anything to do with relationships or psychological issues.

“The court is satisfied the defendant knew well what she was doing,” Marden said.

He said the court did not accept the idea that if you get caught stealing, responsibility ends when the money is returned.

“You do the crime, you do the time,” he said.

While restitution goes a long way, Marden said, it would be to Nichols’ benefit to be incarcerated for a time so she can go back into the community and say, “‘I’ve paid my debt.'”

He sentenced her to serve 60 days of a six-year sentence.

Nichols, dressed in a peach blouse, white shirt and flowered skirt, sat with her hands clasped on her lap as Assistant District Attorney Craig Turner recommended she be sentenced to 10 years in prison, which is the maximum for felony theft, with all but six months suspended and four years’ probation. He said since the public was a victim, it was appropriate for community service to be added.

“She was taking cash,” Turner said, and juggling accounts. “It was calculated and escalated over a period of time.”

Auditors previously said the money was taken over 18 months, though Turner mentioned a three-year period.

He said police determined her then-husband was not involved and told them the couple were behind on car payments and credit card bills.

Turner said Nichols has no criminal record, cooperated with auditors and police, and has repaid more than half the money taken.

She resigned as clerk in late 2005, citing health and personal issues.

Defense attorney Alan Stone recommended no jail time, saying Nichols admitted taking the money, reimbursing $20,000 immediately with the help of her father and worked very closely with the town and auditors.

“She did what she could to make it right,” Stone said, adding she sold the family house and gave her portion of the proceeds to the town. She has been in counseling and found a job sorting eggs for $7 an hour, he said.

Town officials spoke about the financial impact on the town and the violation of trust. The town has spent $22,000 on legal fees, a special audit and a new computer and has not been able to collect insurance until the case is resolved.

Comments are no longer available on this story