PRINCESS ANNE — Following a two-day trial a jury in less than an hour found the former manager of the Somerset County Liquor Dispensary’s highway store north of Pocomoke City guilty of felony theft for failing to account for $17,625 in deposits that never made it to the bank.
Cynthia M. Vanfossen, 60, faces a maximum sentence of five years in prison but the state will likely ask for 18 months — which is more than the sentencing guidelines of probation to six months.
Senior visiting Judge Raymond E. Beck Sr. of Carroll County who presided during the trial ordered a pre-sentence investigation.
“Twelve deposits…all missing,” and Ms. Vanfossen was the sole person responsible, said State’s Attorney Wess Garner in his closing argument.
“Everything ran through the manager’s office,” reminding the jury that from July 2 through Aug. 20 of 2020 cash deposits “still have not been made.”
The alarm was raised when two years ago daily deposits were not being made on time or by the second day which was allowed because of the location of the store.
Liquor Control Board member Cynthia Knopp testified that Vanfossen “came with good references” but she and board members Robert Hogg and John French together with bookkeeper Colbi Sayre went to the store to meet with the manager about why deposits were not being made.
French testified that the explanations given didn’t produce any results. Vanfossen borrowed an employee’s car and went to her house in Pocomoke City to get deposits that might have been there, but didn’t have them.
“She always had a story” why the deposits didn’t get to Hebron Savings Bank, and the problem “was never resolved,” Sayre said.
State Police Master Trooper Alexander Edwards who was assigned to investigate said after a search and seizure warrant was executed at Vanfossen’s home some 4.4 miles from the store there was $122.60 in currency found in a desk drawer along with several empty bank and/or similar bags but no other significant amounts of cash.
Vanfossen did not testify and Public Defender Arch McFadden argued on her behalf that the state failed to prove each and every transaction was theft. He said the jury would have “to leap” to fill everything in between because all they heard was “a conclusion and some testimony.”
Instead McFadden said the jury heard about “sloppy practices by the liquor board,” acknowledging with “all candor” there were sloppy practices by Vanfossen. From testimony the jury heard that the safe at the store was “open all day long” and with the store open 77 hours a week and the manager working 40 hours employees were left unsupervised at best monitored by a camera system in the store which transmitted images via “spotty” internet, Knopp said, as she would pull up video on her phone.
On the possibility of other employees being involved Garner said the proof of theft was the deposit tickets in Vanfossen’s house without the cash, saying she used the liquor board’s money “as her own personal cash machine.”
In fiscal year 2021 when the thefts occurred liquor stores were among the businesses that were allowed to remain open during the height of the coronavirus pandemic and the Liquor Control Board reported its highest profit ever of $305,000. Through the years there have been inventory shortages due to employee theft and clerks have been charged for selling alcohol to persons underage but this theft of cash is one for the books — which will close for the final time at the end of this year.
At the county’s request the General Assembly during the 2022 session passed House Bill 671 which abolishes the Liquor Control Board and Gov. Larry Hogan allowed it to be enacted without his signature.
Starting in January the private sector has the opportunity to sell hard liquor through a new Class A beer, wine and liquor license priced at $5,000 with an annual renewal, managed by the Somerset County Board of License Commissioners.
(Pocomoke Public Eye reader comments:)
Anonymous said...County governments never should have been involved in the liquor business in the first place.
Anonymous said...And I still say Pocomoke municipal government never should have been involved in the restaurant business.
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