A former legislative candidate accused of a scam against First Security Bank will have a chance to have his record cleared if he stays out of trouble for a year.
Bryan J. Irving, who lost a District 30 House race in November to Salt Lake insurance agent Jackie Biskupski, pleaded guilty last month to two counts of attempted forgery, a class A misdemeanor. But Tuesday, 3rd District Judge Glenn Iwasaki agreed to hold the plea in abeyance for a year, which means that if Irving stays clear of any unlawful conduct the charges will be dropped.As part of the plea agreement, Irving also agreed to pay the bank $2,500 in restitution. In exchange for his plea, prosecutors dismissed charges of theft by deception and money laundering, second-degree felonies, and three counts of forgery, a third-degree felony.
Irving, 34, a general contractor, was arrested by FBI agents and Salt Lake County sheriff's deputies in early May after First Security Bank reportedly was bilked out of more than $100,000.
Detectives said First Security was billed for work that purportedly was being done for bank branches but actually occurred on the property of the other co-defendants.
Co-defendants are Durrell Dibb, a First Security senior vice president now on paid administrative leave, and Clement Jackson, a former vice president of First Security Bank who was fired in June 1998.
Irving's defense attorney, Steve McCaughey, said Irving admits submitting some invoices to the bank, through Jackson, for work that he never did.
"There was no criminal intent," Irving said, pointing out he has known Jackson for 20 years. "I trusted him. It's really a sad situation."
After the invoices were submitted, the bank paid Irving, but he kept only enough money to cover his taxes and returned the rest to Jackson, prosecutor Howard Lemcke said.
"Essentially, it was money laundering," Lemcke said. "(Jackson) was getting paid through Irving for work he says he was doing for the bank."
In the process, however, Lemcke said Dibb's home was painted, the roof repaired and four of his personal cars were fixed by vendors who did similar work for the bank. About $5,000 worth of work done for Dibb was billed to First Security Bank, according to charges.
Jackson arranged for 12 separate vendors to provide him with goods, services and cash totaling more than $100,000 for his personal benefit to be paid by the bank, the charges state.
"Irving was under the impression that if he didn't play this game he'd be out as a contractor," Lemcke said. "His benefit was to remain as a contractor for First Security."
Dibb, 46, Murray, will appear in court June 11 for a scheduling hearing before Judge Timothy Hanson. In May, Judge Sheila McCleve dismissed two of three felony counts against Dibb and ordered him to stand trial on a single count of theft of services, a second-degree felony.
Jackson, 48, is charged with seven felonies. He waived a preliminary hearing last week and is scheduled to appear before Judge Dennis Fuchs June 14 for arraignment.