HAMBURG - Charges against a man accused of stealing more than $14,000 from the Hamburg Veterans of Foreign Wars Post 216 were held for court Monday at the end of a 20-minute preliminary hearing.
Richard A. Spatz, 51, of Hamburg, appeared in Berks County Court on charges of theft by failure to make required disposition of funds, receiving stolen property and access device fraud, all felony offenses.
After hearing testimony from one witness, the post commander, Magisterial District Judge Kim L. Bagenstose ordered all offenses held for Berks County Court.
Hamburg police Patrolman Robert A. Mengle charged Spatz with stealing $14,663.36 while serving as secretary-treasurer of the post from July 2012 to May 2013.
Mengle, who conducted the investigation with criminal investigator Angel C. Cabrera, said of the money stolen, $14,392 came from withdrawals from various ATM machines, while the remaining $241.36 was for the rental of a small wood chipping machine paid for by the post's debit card.
Commander Dennis Carter told the court the post opened a checking account at M&T Bank and received a debit-ATM card. Although the Personal Identification Number was told to himself, Spatz and post member Dennis Shappell, Carter said the card and paper with the PIN number written on it were handed over to Spatz due to his secretary-treasurer position.
About six months into having the account, Carter said there were service fees turning up on bank statements from ATM machines other than M&T Bank.
After learning about the unauthorized withdrawals, Carter said he confronted Spatz and subsequently took the card off him, destroyed it, had him removed from his office and from the post membership.
Under questioning by Berks County Assistant District Attorney Jackie Hamer, Carter said he waited several months before confronting Spatz until he had statements from the bank confirming all the withdrawals.
"I didn't want to wrongfully accuse anybody," he said.
In addition to the charges, Carter said Spatz changed, without authorization, bank papers to have statements mailed to his home and not to the post at 1 S. Fourth St.
Under cross examination by Spatz's attorney, Allan L. Sodomsky, Reading, Carter said the defendant was the only person in possession of the card during the times the withdrawals were made and the chipping machine was rented.
In closing, Hamer said it was clear Spatz was the only person with access to the card during the times the withdrawals were made, and the fact that he changed the address to where bank statements were mailed shows his attempts to hide the crimes.
