SALT LAKE CITY — While she received one sign of support from her husband — a kiss on the cheek upon entering the courtroom — the vote that decided the fate of Susan Ross came from the judge.
U.S. District Judge Clark Waddoups decided that the 40 years of service Ross, 65, gave to the Davis School District and education programs in the state, recounted to him in numerous letters, outweighed the almost $4 million it is believed she and her husband stole.
In federal court Monday, Waddoups sentenced Ross to 36 months of probation, with the first six months to be served in home confinement; 3,000 hours of community service; and a $10,000 fine. He also ordered her to pay $350,115 in restitution.
Federal prosecutor Loren Washburn asked for a sentence of 27 months in prison, which was at the low end of the recommended sentencing range for someone guilty of money laundering. In October, Ross pleaded guilty to the money laundering charge, a felony that could have landed her up to 10 years in prison and a fine of $250,000, in addition to the restitution payment.
In court, tears streamed down Ross' face as she expressed regret for the trust she betrayed and asked that her apology be accepted. She said she loved working with, and teaching, children and devoted her life to offering them the best possible education.
"My heart aches to think of my children and spouse who have suffered terribly through this whole ordeal," she said. "I'm so very sorry, but I want to thank them for their undivided love and unending support."
A 47-count indictment was filed against Susan Ross and her husband, John, in November 2006. It hit the couple with a number of charges, including mail fraud and money laundering in the theft of upward of $4 million from the school district in an embezzlement scheme involving inflated prices on pirated books. The federal indictment says the two set up a company to supply photocopies of books that would normally retail for $15 to $25 to sell to the school district for as much as $80.
The Rosses were both employees of the Davis School District. He was a federal grant specialist, and she was a director of federal programs, specifically the Title 1 education program, which is meant to aid students who are minorities, disadvantaged or disabled. Prosecutors say the couple were able to use their positions to perpetrate the theft.
The scheme operated from 2000 to 2005, but the indictment states it may have been planned as far back as the early 1980s, when the Rosses first began working for Davis School District. Washburn said in court that the Rosses pocketed $3.9 million of $10 million in federal grant funds, which he said was 39 percent of all Title 1 education money given to the district.
"So much of the money she took, she spent in ways that the public can never get back," Washburn said. "At the end of this case, the defendant will have profited from that crime. The sentence needs to show that selling one's public office for private gain doesn't pay."
John Ross was sentenced earlier this year to pay a $500 fine for one count of placing fraudulent copyrights on stolen texts, a misdemeanor that carried a maximum fine of $2,500. It was reiterated throughout the case by both prosecutors and the judge that Susan Ross was more culpable, as she was in a higher position of power and appeared to be the person on the buying and selling end of the scheme, prosecutors said.
The defense said Susan Ross didn't know that being on both ends of the transactions would be such a conflict of interest.
Defense attorney Neil Kaplan said the program developed by Susan Ross, though in violation of copyright, was a "resounding success" proven to increase test scores in the district. He also emphasized the failing health of John Ross and the demands of an adult son of the pair who was characterized as schizophrenic, bipolar, delusional and in desperate need of his mother's care.
The judge prefaced his decision by noting that he received numerous letters on behalf of Susan Ross, including some from former students who said it was her influence that pushed them to pursue higher education. He said there was no evidence that Ross had taken more than the $350,115 owed in restitution beyond "inferences" made by prosecutors and that Susan Ross' reputation as an educational advocate outweighed her crime.
"It's a serious offense, but at the same time, the history and character of the defendant suggests that the court should consider the most appropriate sentence," he said. "I'm not sure if incarceration is necessary."
U.S. Attorney for Utah Brett Tolman said in a statement that the sentence was "troubling and disappointing given the facts of the case."
"While we recognize that the judge is the ultimate arbiter of the sentence, we believe that the sentence issued today is inappropriately light and sends exactly the wrong message," Tolman said. "People who abuse a position of trust, profit substantially, and do so in a totally illegal manner should face more than probation. If you consider the sentence of probation in this case, apparently crime does pay."
The pair was required to forfeit nearly $800,000 and turn over two vehicles and homes in Layton, South Weber and Mountain Green. The forfeited funds are expected to go toward paying the restitution, including interest, which will in turn go to Davis School District.
e-mail: emorgan@desnews.com