A Maui bookkeeper who pleaded guilty to charges that she stole nearly $400,000 from a professional surfer with autism and the surfer’s mother is going to prison and will likely get deported.
A federal judge sentenced Felicidad Rivera to 35 months in prison Monday for wire fraud. She has until Aug. 21 to turn herself in to begin serving her prison term. In the meantime Rivera remains free on $50,000 unsecured, signature bond.
U.S. District Senior Judge Susan Oki Mollway also ordered Rivera to repay her victims $373,182 and to undergo three years of court supervision after she completes her prison term. However, Rivera, an immigrant here legally, is likely to get deported when she gets out of prison because her crimes qualify as aggravated theft in the eyes of U.S. Immigration and Customs Enforcement.
Rivera, 51, pleaded guilty in February to 13 counts of wire fraud for transferring money from Clay Marzo’s bank account to JPMorgan Chase to pay off her credit card bills and for writing 193 checks on Marzo’s and Jill Marzo Clark’s accounts to herself. The scheme spanned from December 2008 to October 2015.
Marzo’s bank account contained money he earned from surfing competitions and professional endorsements. Clark’s account was that of her vacation rental maintenance business, The Mothership LLC.
According to the indictment against her, Rivera knew that Marzo and Clark were particularly vulnerable because they suffer from medical conditions that made it difficult for them to monitor her activities.
Clark says her son was diagnosed with what was formerly known as Asperger’s syndrome, a disorder that is on the high-functioning end of the autism spectrum. Clark has dyslexia. Mollway said Clark was also particularly vulnerable because of her close personal relationship with Rivera.
It was Clark who discovered Rivera’s scheme when she noticed a bill for a Macy’s online purchase for something she did not order. She told Mollway that she’s waited two years since Rivera’s arrest to confront the person who was at her side as she was going through a divorce, then betrayed her.
“It really hurt,” Clark told Rivera.
Clark said her son lost his home to foreclosure because of what Rivera did, and because of his condition, doesn’t know what he can do to recover what he lost.
Rivera told Clark that she also had waited two years for the two to speak.
“I humbly ask for your forgiveness, Jill,” she said.
Her lawyer Melinda Yamaga said Rivera was suffering from major depressive disorder, in large part because her husband couldn’t work from 2006 to 2015 because of illness. She said the deportation will send Rivera back to her native Philippines, a country she left when she was 3 years old.
Because of the prison term and likely deportation, Mollway said it is unlikely that Rivera will be able to pay back all of the money she stole from her victims.
Yamaga said Rivera and her husband have moved out of their home and put it up for sale to help pay off some of the restitution. Assistant U.S. Attorney Ken Sorenson said the government expects to collect approximately $38,000 each for Clark and Marzo. Yamaga said Rivera has also paid $13,000 into a trust as part of her bankruptcy that will be applied to her restitution.