Saratoga County District Attorney James A. Murphy, III announced today that Virginia J. DeCapria, DOB 10-20-1960, of 773 Charlton Road, Charlton, New York, pleaded guilty this afternoon before Judge Jerry J. Scarano to two separate indictments. On one indictment, she pleaded guilty to Grand Larceny in the Second Degree, a class C felony (Penal Law Section 155.40), in full satisfaction of charges arising from her theft of $499,413.00 between January 2005 and December 2010 in her capacity as Secretary/ Treasurer of the Charlton Fire District No. 1. DeCapria also pleaded guilty to Criminal Tax Fraud in the Fourth Degree (NY Tax Law Section 1803 (class E felony) for failing to pay taxes on those stolen monies. It is anticipated that DeCapria will receive a state prison sentence of from three to nine years in state prison on the Grand Larceny charge, and a concurrent state prison term of one to three years on the tax fraud conviction. Both the Grand Larceny 2nd plea and the Criminal Tax Fraud pleas were the top count of the respective indictments. These pleas of guilty are the same as if a jury had deliberated on the case and returned a verdict of guilty on the highest charges possible. The plea came after a conference scheduled on the Court Calendar between the DA’s Office, the defense attorney and the Judge, in order for the parties to exchange voluminous discovery material in anticipation of the trial which was scheduled to begin on March 18, 2013. DA Murphy said “DeCapria stole taxpayer funds which were paid by residents of the fire district for fire protection, not for Mrs. DeCapria to buy iPods, laptops, plastic surgery, cigarettes, and Schwan’s frozen food delivery for herself and her family”. On the tax charges, Murphy said, “No one likes paying taxes, but we all do. DeCapria not only stole the money from the Fire District, but then didn’t pay the tax. It just adds insult to injury.” The Charlton Fire District is satisfied with the plea of guilty to the highest count of the indictment and continuing their focus on the safety of residents of the Fire District which has always been their number #1 concern. The DA’s Office anticipates someone from the Charlton Fire District #1 will speak at the time of sentencing. Assistant District Attorney Debra A. Kaelin who prosecuted the matter, commented that the “New York State Comptroller’s Office did a tremendous job with their audit in carefully reviewing reams of checks, receipts and the like to conclude that DeCapria stole these funds from the Fire District that employed her. The New York State Police worked in conjunction with the Comptroller’s Office and assisted the District Attorney’s Office obtain this conviction.” Judge Scarano continued DeCapria’s release on bail pending her sentence date scheduled for May 6, 2013. James A. Murphy, III Saratoga County District Attorney
DeCapria admits stealing $500,000 and will get up to 9 years in prison.
