During the early 1990s, former Salt Lake attorney Lynn Charles Spafford's drug and alcohol tabs were supported by the money his clients won in personal injury settlements.
Monday, it was time to pay up.Third District Judge Judith Atherton sentenced Spafford, 43, to one year in the Salt Lake County Jail and nine years probation. During those nine years, Atherton told Spafford he is to pay back the money he stole.
"I intend to keep a close monitoring of this case for as long as it takes," Atherton told Spafford. "It may be a career case for me."
Prosecutor Mark W. Baer estimates Spafford owes $571,285.83 in restitution. Spafford pleaded guilty on Oct. 7 to three third-degree felony counts of issuing bad checks. As part of the plea bargain, Spafford agreed to repay the 41 clients he was known to have withheld money from.
"It's going to be a long haul, but it really is the right thing," Baer said.
Both sides will be in court again Jan. 10 for a restitution hearing, where Atherton will decide exactly how much money Spafford will have to pay back.
"I think for the most part, we'll be able to sit down and come to an agreement," said Spafford's defense attorney Rebecca Hyde.
Monday's sentencing closed one of the final chapters on a case that has dragged on for several years. Spafford resigned from the bar in 1995, pleaded guilty last year to misusing his clients' funds and was sentenced to 15 years in prison. However, a judge later allowed him to withdraw the plea after determining prosecutors violated the plea agreement by recommending Spafford go to prison.
Monday, Spafford told the court he regretted stealing the money.
"This was a very dark period in my life," Spafford said. "Every action I took was impaired by drug use. There is no excuse for the crime that I've caused."
As part of his probation, Atherton ordered Spafford not to practice law, be self-employed, have access to third-party financial records or serve in a fiduciary position. Atherton also ordered that Spafford complete 200 hours of community service and pay a $5,000 fine. Atherton could have sent Spafford to prison for up to 15 years on each of the three counts.
Despite Spafford's assurance to "restore every dime if I get a chance," not everyone at Monday afternoon's sentencing seemed convinced the money would be returned.
"I don't think he has the earning capacity," said Shirley Walker, to whom Spafford paid $20,000 of a $75,000 settlement in the early 1990s. "I think even if he does find the earning capacity that he will find some other way to use the money."
Walker was one of seven victims to address the court before Atherton handed down Spafford's sentence.
"Basically, he stole from us," said David Murray, 54, whom Spafford owes $7,500. "He was given a fiduciary right to my money, and he has not repaid one cent."
Spafford's father, Earl Spafford, pleaded no contest last September to attempted unlawful dealing by a fiduciary and entered his plea in abeyance -- meaning the charges would eventually be dismissed -- on the condition that Lynn Spafford would pay full restitution to the victims.
After Monday's sentencing, Earl Spafford insisted his son will do just that.
"Lynn has been committed to resolving this problem," Earl Spafford said. "I've seen him sit at his desk and try to work out a formula to pay this off. . . . He's eager to do it, and he's ambitious."