NORRISTOWN, Penn. – The former CEO of United Food and Commercial Workers Local 1776 FCU was awarded a new trial by a state court, which determined she was not fully aware “of the nature of charges against her” in December 2010 when she decided to represent herself at trial for embezzlement for paying herself unauthorized raises.
A panel of Pennsylvania Superior Court judges vacated Anne Clyburn’s 1-to-7-year prison sentence Tuesday and ordered a new trial in Montgomery County Court on theft-related charges. The panel said its review of the case indicated a prosecutor failed to specifically define the exact nature and elements of each of the charges lodged against Clyburn.
Clyburn was convicted of embezzling $32,400 while she headed the $8-million credit union between 2000 and 2007 by paying herself raises. Authorities allege Clyburn used creative bookkeeping practices to carry out the theft.
The judges found that prosecutors did not ascertain if Clyburn was “executing a knowing, voluntary and intelligent waiver of counsel.” “We hold that the failure to explain the elements of the charged crimes requires us to vacate the judgment of sentence,” the judges wrote in the opinion.
Prosecutors, who characterized the matter as “a minor, technical issue,” vowed to appeal the ruling.
Clyburn took over as head of the credit union in July 2000 and served in that position until February 2007. When Clyburn was fired, the credit union’s leadership ordered an audit after it uncovered some financial improprieties. The audit revealed Clyburn, who was earning a yearly salary of $70,000, gave herself raises, receiving a total of $32,469 in additional unauthorized compensation, prosecutors said.
