Opinion: Is El Dorado County Auditor Joe Harn Going to Jail?

by admin / Sep 29, 2015 / 0 comments
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2015-09-29, 06:14:39 PLACERVILLE CA


Here is an interesting EDC issue, prosecuting Harn for violating Penal Code Sections 424 & 425, that the Mt. Democrat has been dark on.
 
California Penal Code Section 424 PC: Misappropriation of Public Funds


1. DEFINITION AND ELEMENTS OF THE CRIME


People who serve in public office, especially those who handle or oversee public moneys, are often placed in positions of trust with little to no oversight. In some cases, people in these positions may abuse this trust in order to unlawfully enrich themselves. In recent years, there have been several high-profile incidents involving key players in local government who have been caught misappropriating public money. As a result, prosecutors, law enforcement and government watchdogs are on high alert for these types of crimes. Under California Penal Code Section 424 PC, misappropriation of public funds is a serious felony that can result in lengthy prison sentences for those convicted.


To prove that a defendant is guilty of misappropriation of public funds, a prosecutor must be able to prove the following elements:


The defendant was an officer of the State of California, or of a county, city, town or district.


As such, the defendant was charged with the receipt, safekeeping, transfer, or disbursement of public moneys.


The defendant appropriated said money, or any portion thereof, to his own use or to the use of another.
OR the defendant loaned said money, or any portion thereof.


OR the defendant made a profit out of, or used said money for a purpose not authorized by law


OR the defendant knowingly kept a false account, or made a false entry or erasure in an account of or relating to said money


OR the defendant willfully refused or omitted to pay over, on demand, public money in his hands, upon presentation of a draft, order, or warrant drawn upon such money by competent authority


OR the defendant willfully omitted to transfer said money, when such transfer was required by law.


OR the defendant willfully omitted or refused to pay over to an officer or person authorized to receive said money, money received by the defendant under a duty imposed by law to pay over.
As used in the statute, “public moneys” includes the proceeds derived from the sale of bonds or other similar items. This statute does not apply to the incidental or minimal use of public resources.


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EDC BoS Public Coment on 2013-14 Civil Grand Jury Report on Joe Harn:


Opening comments - BOS re GJ report - AC, Harn et al 2015/09/01
https://www.facebook.com/groups/836507819720921/permalink/954295147942187/
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Richard Smith's comments to BOS [video at end]:
https://www.facebook.com/groups/836507819720921/permalink/954254054612963/
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Ripley Howe's comments to BOS [video at end]:
https://www.facebook.com/groups/836507819720921/permalink/954240174614351/
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Dan Dellenger's comments before BOS re GJ report - AC, Harn et al 2015/09/01
https://www.facebook.com/groups/836507819720921/permalink/954246907947011/
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Mike Owen's comments before BOS re JG report on AC, Harn et al 2015/09/01
https://www.facebook.com/groups/836507819720921/permalink/954299047941797/
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Cris Alarcon's comments before BOS re JG report on AC, Harn et al 2015/09/01
https://www.facebook.com/groups/836507819720921/permalink/954234397948262/
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Sherilyn M. Lum-Alarcon's comments before BOS re GJ report - AC, Harn et al 2015/09/01
https://www.facebook.com/groups/836507819720921/permalink/954250244613344/
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Ron Briggs' comments before BOS re GJ report on AC, Harn et al 2015/09/01
https://www.facebook.com/groups/836507819720921/permalink/954245777947124/
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Michael Ranalli, BOS District IV
https://www.facebook.com/groups/836507819720921/permalink/954350434603325/
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Chairman Veerkamp's and CAO Larry T. Combs's comments after public commentary - BOS re GJ report - AC, Harn et al 2015/09/01
https://www.facebook.com/groups/836507819720921/permalink/954831441221891/