Gary Marvin Masterman Page: I of8 Co. Atty Complaint No: 0620383536 STATE OF MINNESOTA DISTRICT COURT COT]NTY OF WASHINGTON TENTH ruDICIAL DISTRICT gr-cR ' 17-'/27 NO.:.# COIJ'RT FILE PROSECUTOR FILE NO. :06203 83536 State of Minnesota, Plaintiff, rELOI\[Y CRIMINAI, COMPLAINT El Summons E Warrant Gary Marvin Masterman @OB: 0s/09/1953) 6307 50th Sr N Saint Paul, MN 55128 E Order of Detention fl tr tr Amended Certified Juvenile EJJ Defendant. The Complainant, being duly swom, makes complaint to the above-named Court and states that there is probable cause to believe that the Defendant committed the following offense(s): COUNT I On or about December 1, 2015, in the County of Washington, Mirmesota, Gary Mawin Masterman did obtain possession of property or services from another person ofa value more than $5,000, by means of swindle. Said acts constituting the offense of Theft-By Swindle in violation Maximum Sentence: l0 years or $20,000 fine, or both ot 9609.52.2(a)g);609.52.3(2). COUNT2 On or about June I , 2016, in the County of Washington, Minnesot4 Gary Marvin Masterman did obtain possession ofproperty or services from another person ofa value more than $1,000, by means of swindle. Said acts constituting the offense of Theft-By Swindle in violation of: 9609.52.2(a)g);609.52.3(3)(a) Maximum Sentence: 5 years or $10,000 fine, or both COUNT 3 On or about December l, 2016, in the County of Washington, Minnesot4 Gary Marvin Masterman did obtain possession ofproperty or services from anotler person ofa value more than $1,000, by means of swindle. Said acts cansJi0tng the offense ofTheft-By Swindle in violation of: $609.52.2(a)(a); 609.52,3(3Xa). Maximum Sentence: 5 years or $I0,000 fine, or both Gary Marvin Masterman Page: 2 of8 Co, Atty Complainl No: 0620383536 COTINT 4 On or about December l, 2014, in the County of Washington, Minnesota, Gary Marvin Masterman did obtain possession of property or services from another person ofa value of$500 but not more than $1,000 by means of swindle. Said acts constituting the offense of Theft-By Swindle in violation of: 9609.52.2(a)(4); 609.52.3(4). Maximum Sentence: I year or $3,000 fine or both COUNT5 On or about June l, 2015, in the County of Washington, Minnesota, Gary Marvin Masterman did obtain possession of property or services from another person of a value of $500 but not more than $ I ,000 by means swindle. Said acts constituting the offense of Theft-By Swindle in violation of: 9609.52.2({g);609.52.3(4) Maximum Sentence: 1 year or $3,000 fine or both of Page: 3 of 8 Gary Marvin Masterman Co. Atty Complaint No: 0620383536 STATE]VIENT OF PROBABLE CAUSE The Complainant states that the following facts establish probable cause Your complainant is an investigator with the Oakdale Police Department (OPD) and states that the following facts establish probable cause based on police reports and his own investigation: GARY MARVIN MASTERMA { @OB: 05/09/1953; 6307 50rh St. N., St. Paul, MN 55f 20, the Charity Gambling Manager for the Oakdale Athletic Association (OAA) took $14,943.92 of OAA funds for his personal benefit. The OAA is located at 1890 Hadley Ave N, St Paul, MN 55128 in Washington County and gambling events took place at various locations in Washington County and Between December 2014 and February 2017 Ramsey County. On February 17,2017 the President of the OAA, Eric Delacy contacted the OPD about MASTERMAN. Delacy informed OPD that MASTERMAN is the Chariry Gambling Manager and is authorized to receive a monthly salary of $2,100. As part of his duties, MASTERMA I was entrusted with handling the payroll for OAA Charitable Gambling employees. Delacy reported that at some point, MASTERMAN increased his own monthly salary without approval from the OAA Board of Directors and was also distributing pay to himself for hourly work (such as calling bingo and selling pull tabs) that he did not do. MASTERMAI\I apologizing for his actions and indicating that he would payback "$12K" to OAA. On Februwy 28,2017 OPD investigators went to MASTERMAN's residence. MASTERMAN again acknowledged his responsibility for taking money from OAA and said that he did it by giving himself a salary raise that was not approved by the OAA Board. MASTERMAN further On February 23,2017, Delacy received a letter from explained that he also compensated himself for hourly pay that he was not entitled to because he was only supposed to receive a salary. MASTERMAN referenced the letter he sent to Delacy apologizing for his actions, and clarified that the $12,000 that he offered to pay back was not the exact amount of what he took and stated that he would pay back more if he owed more. MASTERMAN explained to OPD that as the gambling manager he was supposed to be paid a monthly salary of $2,100. Anything beyond this was pay that he was not entitled to, as it was not authorized by the board. OPD questioned MASTERMAN about why his wife was receiving payment from OAA when she was not an employee. MASTERMAN stated that he had added his wife to the payroll and began distributing his pay to her so as not to limit the amount ofmoney he could receive in social security benefits. The below table represents OAA money taken or used by 1 2 neamed pt",r,", Period Count# * H ourly Pay ember 2014 - May 2015 lj*Jzoii - November MASTERMAN during specific time periods: 2015 lsozo.oo lsezs.oo Unauthorized Salary t, otal lsozo.oo 975.00 Gary Marvin Mrsterman Page: 4 of 8 Co. Atty Complaint No: 0620383536 I May 2016 $3,510.00 $2030.82 November 2016 $4,095.00 $r $2,790.00 $738.48 - 3 December 2015 4 June 2016 5 December 2016 - February 201 7 - 84.62 lSs,sao.rz $t,ZtS.AZ lS:.SZS.+r r +,e+:.ez ls Page: 5 Grry Msrvin Mastermar of8 Co. Atty Complaint No: 0620383536 Complainant requests that Defendant, subject to bail or conditions ofrelease, be: (l) arrested or that other lawful steps be taken to obtain Defendant's appearance in court; or (2) detained, ifalready in custody, pending fi.rther proceedings; and that said Defendant otherwise be dealt with according to law. COMPLAINANT'S NAME: COMPLAINANT'S SIGNATURE: #st3 Wayne Hager I declare under D ated th 1 S I 1 ty ofperjury that everything I have stated in this document is true and correct. Mimesota. Co L of 2A l-7 si ed in Washin Being authorized to prosecute the offenses charged, I approve this complaint. Date: ldy 17.2017 PROSECUTING ATTORNEY'S SIGNATURE: Name: Lee Atakpu 345 Wabasha Street North, Suite 20 St. Paul, MN 55102 651-266-32221rH Atl Re # 392792 Cary Marvin Masterman Page: 6 of 8 Co. Atty Complaint No: 0620383536 FINDING OF PROBABLE CAUSE From the above sworn facts, and any supporting afndavits or supplemental swom testimony, l, the Issuing Officer, have determined that probable cause exists to support, subject to bail or conditions ofrelease where applicable, Defendant's arrest or olher lawful steps be taken to obtain Defendant's appeardnce in coult, or Defendant's detention, ifalready in custody, pending fiutlrer proceedings. Defendant is therefore charged with the above-stated offense. ESUMMONS _ THEREFORE YOU, THE ABOVE-NAMED DEFENDANT, ARE HEREBY SUMMONED to appear on the day before the above-named court at answer this complaint. lF YOU FAIL TO APPEAR in response to this SUMMONS, a WARRANT FOR YOUR ARREST shall be issued. _,20-at _ D Execule in MN Only of to D WARRANT D Execute Nationwide A Execute in Bordet States To the Sheriffof the above-named county; or other person authorized to execute this warrant: I hereby order, in the name ofthe State of Minnesot4 that the above-named Defendant be apprehended and arrested without delay and brought promptly before the abovenamed court (if in session), and ifnot, before a Judge or Judicial Officer of such court without unnecessary delay, and in any event nol later than 36 hours after the arrest or as soon as such Judge or Judicial Officer is available to be dealt with according to law. f] ORDEROFDETENTION Since the above-named Defendant is already in custody, I hereby order, subject to bail or conditions ofrelease, that the above-named Defendant continue to be detained p€nding further proceedings. Bail: This complaint, duly subscribed and swom to, is issued by the undersigned Judicial Officer tlris 201+. JUDICIAL OFFICER: NAME: TITLE: Sworn testimon has been ilh", ruq J SI ven before the Judicial Officer COUNTY OF WASHINGTON STATE OF MINNESOTA witn esses: Clerk's Signature or File Stamp STATE OF MINNESOTA Plaintiff, VS RETURN OF SERV]CE I hereby Certify and Retwn that I have sented a copy of this COMPLAINT upon the Defendant herein named. GARY MARVIN MASTERMAN Signatue of Authorized Service Agent; Defendant. Gary Marvin Masterman Page: 7 of8 Co. Atty Complaint No: 0620383536 RESPONDENT DATA / CHARGE SHEET DEFENDAIT{T NAME: - ATTACHMENT A GARY MARVIN MASTERMAN DOB: Alias [Click and type t]rc DOB(s) DOBG) Defendant alias name(s) fendant last known address state ID: Fingerprint lD: FBI ID: St. Paul PD ID: 2017-009670 Offender ID: OTIIER DEFENDANT / CASE IDENTIFIERS: Fingerprinted? Handgun permit? E t,to E No E yes E Yes (lssuing Agency: ) Location of violation: IF DRIVING OFFENSE: Driver's License Plate Accident Type; License check all that apply 05t09t19s3 Issuing State: Number: E No injury/no damage LJ Personal lnjury Blood Alcohol ConcenEation (BAC): : Issuing State: E hoperty E Fatality Damage Gary Marvin Masterman Page: 8 Co. Atty Complaint No: 0620383536 CT OFFENSE NO DATE STATUTE STATUTE TYPE NBR STATUTE OFFENSE DESCRIPTION LEVEL MOC C AGENCY o ORI CN NBR FLTNCTION C I on or about December 609.52. a 4 The rl:-BY Swindle Felonv l,20t5 of8 Oakdale Police Dept oRr - MN0820800 cN - 17009670 Charging 2 on or about 609 3).(3) l, June Theft- Swindle Felonv Oakdale Police Dept oRr - MN0820800 cN - 17009670 2016 Chargitrq J on or about December Th eft- 609 Swindle Felony Oakdale Police Dept ORI - t,2016 MNOEzOEOO cN - 17009670 Charging 4 on or about December 609.52 a Th efr Swindle Gross Misdemea 1,2014 nor Oakdale Police Depl oRr - N0820800 cN - 17009670 Charqirs 5 on or about June I, 20t5 .......9..0.2' Gross Misdcmea I?..zlt\!). ..........TIg.rJ:Py.9:,"j.1dle.............. ror Oakdale Polic€ Dept ORI - NOE2OEOO cN - 17009670 Charging District Court Tenth Judicial District State of Minnesota Washington County Court File Number: 82-CR-17-3032 Case Type: Crim/Traf Mandatory LEE ODION ATAIGU 345 WABASHA ST N STE I2O STPATJLMN 55102 WASHINGTON COUNTY NOTICE TO APPEAR State of Minnesota vs Gary Masterman YOU ARE NOTIFIED OF THE FOLLOWINC TIEARING DATE: LOCATION November 08, 2017 First Appearance 9:00 AM Judge John C. Holfman Washington County District Court 14949 62nd St N Stillwater, MN 55082 6st-430-6263 Failure to ADDear Notice: Felony OlTenders: A person charged with or convicled of a felony and released from custody, with or without bail or recognizance, on condition that the release personally appear when required with respect to the charge or conviction, who intentionally fails to appear when required after having been notified that a failure to appear for a coun appearance is a criminal offense, is guilty of a crime for failure to appear and may be sentenced to not more than one-half ofthe maximum term of imprisonment or fine, or both, provided for the underlying crime for which the person failed to appear, but this maximum sentence shall, in no case, be less than a term of imprisonment of one year and one day or a fine of$3,000, or both. A felony charge under this subdivision may be filed upon the person's nonappearance. However, the charge must be dismissed if the person who fails to appear voluntarily surrenders within 48 hours after the time required for appearance. This paragaph does not apply ifthe offender appears as a result ofbeing apprehended by law enforcemenl authorities. Mirn Stat. 609.49, Subd l. Gross Misdemeanor or Misdemeanor OlTenders: A person charged with a gross misdemeanor or misdemeanor who intentionally fails to appear in court for trial on the charge after having been notified that a failure to appear for cout appearance is a criminal offense, is guilty of a misdemeanor and may be sentenced to imprisonment for not more than 90 days or to payment of a fine of not more than S1,000, or both, Minn Stat. 609.49, Subd 2. Petty Misdemesnor OlTenders: Failure to appear in coun on a charge that is a petty misdemeanor is considered a plea ofguilty and a waiver ofthe right to trial, unless the person appears in court within ten days and shows that the person's failure to appear was due to circumstances beyond the person's control. The offender may be subject to a fine up to $300 and in addition may have their driver's license suspended (ifa driving or parking violation) until payment ofthe fine. Minn Stat. 609.491, Subd l. This is the only notice yoll will receive regarding your next hearing. All requests must be made in writing 10 days pligl to said court appearatrc€. The request must set forth th€ reason why I continuance is needed and courtesy copy given to opposing counsel. The attorney receiving the conlinuance has the obligation of notifying his/her client of the new date. ***It is your responsibility to rotify the Court al the Fine Payment Window or at 651-430-6279 of any changes in address. If you fail to update address changes with the court, you may not rec€ive important documents such as a Notice to Appear. Failure to appear for court may result in a warrant being issued for your arrest.*** Defendant's known address as 6307 50th ST N Saint Paul Jluly 20,2017 55128 of MN Annette Fritz Washington Coun Administrator cc: Gary Masterman; LEE ODION ATAKPU Notice to AppeaFWA 1/19/15