On March 12, 2010 Lauren M. Carty of Little Silver, Monmouth County, New Jersey was sentenced by New Jersey Superior Court Judge Richard W. English at the Monmouth County Courthouse to a five-year flat prison term and ordered to pay $758,000.00 in restitution. Ms. Carty stole nearly $1 million from Wellington Place Condominium Association in Aberdeen, New Jersey as an owner of Property Management Association LLC. The co-defendant and mother of Lauren Carty, Marie Carty is scheduled to be sentenced at a future date. The defendants stole an estimated $995,000 of condominium association money from January 2005 through September 2006. The stolen money was used for personal items, including trips to Florida and clothing.
The defendant is 33 years old now and after serving her prison term she should spend the rest of her working life to pay back the $758,000.00 in restitution ordered by the Judge. N.J.S.A. 2C:44-2 provides the court with the authority to sentence a defendant to pay restitution. Additionally, if the defendant defaults on payments of restitution the Court has authority to impose a term of imprisonment, participation in a labor assistance program or enforced community service. These options shall not reduce the amount owed by the person in default. N.J.S.A. 2C:46-2.
It is likely that the defendant in this case will default on the restitution payments. Even if the $758,000 was divided over 30 years she would have to earn an additional $25,266.67 a year to meet her payment obligations. The defendant will probably never pay back the condominium association in full. It will be extremely difficult for the defendant to earn a living after being released from prison. The defendant will now have to disclose on employment applications she is a criminal. This defendant was also self-employed as the owner of the property management company. It will be tough for her to earn a living to support herself and her family after leaving prison. Finding a way to pay back the stolen money may be impossible.
The restitution laws should be revised to allow the court to order that the defendant sell any real estate or personal property they own to pay a portion of the resitution judgment. For example, this defendant should be ordered to sell her clothes that she bought from the stolen monies. Forcing the sale of the defendant's home in this case may not be beneficial. According to open public land records available through the Monmouth County Clerk's Office the Carty/Reid home in Little Silver may be in foreclosure as a lis pendens was filed in May 2007, possibly a reason why someone would resort to stealing money.
Source: Asbury Park Press, March 15, 2010, page B1, by Charles Webster, Staff Writer
