Ex-Derby tax board member Frank Lazowski was sentenced to five years probation Thursday for embezzling money from his former employer.
Lazowski avoided a year in jail because he paid the victim’s company $75,000 in restitution.
The arrest warrant used to charge Lazowski accused him of stealing at least $45,000 — and police said more money had been stolen but the statute of limitations on the old thefts had expired.
The 57-year-old Derby resident addressed the court and apologized.
“Your honor, I just want to say that I’m sorry and I’m embarrassed to be in front of you and my family,” Lazowski said.
In addition to probation, Lazowski will have to attend group therapy, receive a metal health evaluation, and perform 250 hours of community service.
Lazowski learned his fate in front of six family members who filled a bench in a third-floor courtroom in the Fairfield Judicial District courthouse in Bridgeport.
His criminal case was carried out there because his former employer — M & O Corp. — is based in Bridgeport.
M & O Corp. is a heating, ventilation and air-conditioning sales and installation company.
Victims Not Happy
Lazowski had an arrangement with a parts supplier named Ronald Reinhart where Lazowski would submit phony equipment orders to Reinhart, then split the money. Reinhart has already received probation for his part in the crime.
Outside court, Robert Oetjen, Lazowski’s former boss, and Allan DeCaprio, a vice-president with the company, said Lazowski deserved jail for a scheme that went on for years.
“If you steal something, where is the punishment? Basically, he got a $75,000 loan,” DeCaprio said.
“There was no justice here whatsoever,” Oetjen said.
The company still has a civil case pending against Lazowski. They accuse him of stealing $150,000.
“We’re going to go after the rest of the money,” DeCaprio said.
Shame
In arguing for probation instead of prison, Michael Luzzi, Lazowski’s lawyer, noted his client’s deep roots in Derby — and the humiliation Lazowski’s actions have caused his family, especially his teen daughter.
“Frank has great difficulty dealing with that,” Luzzi said.
Lazowski collected between 75 to 100 letters of support from the community, Luzzi said. That included letters from business owners, former police officers, educators and his family.
Luzzi repeatedly noted that once he was caught, Lazowski said he would pay back more than police charged him with stealing.
Why?
One question still unanswered — why did Lazowski, a popular and outgoing member of the Derby Democratic Party — do it?
Luzzi alluded to general family and financial stress Lazowski was under, but did not specify. His bosses said Lazowski was making an annual salary of $100,000.
“Why? I’m not sure why,” Luzzi said. “I’m not sure Frank knows why, other than that he made a huge mistake.”
Luzzi said Lazowski took responsibility for his part in the crime — and that a criminal record didn’t exist before he was arrested by Bridgeport police.
“Will Frank offend again? He hasn’t until this point of his life … I don’t think you have to worry about Frank Lazowski being in front of you again,” Luzzi told Judge George Thim.
In sentencing Lazowski, Judge Thim noted that the crime wasn’t a single event — but a scheme that went on for several years.
Judge Thim acknowledged that Lazowski had worked out a plea bargain with prosecutors that would see him avoid jail if he paid back the money.
While Lazowski’s actions were inexcusable, “Nevertheless you are going to get a break here today,” Judge Thim said.
A pre-sentencing probation report recommended prison for Lazowski. However, the probation official who prepared the report apparently did not know the details of the plea bargain, Luzzi said.
Lazowski was appointed to the tax board in April 2009 to finish the term of Karen Getlein. He was elected to a full, two-year term in November 2009, receiving 1,643 votes.
He submitted a letter of resignation from the Derby tax board March 15, the same day he pleaded guilty to conspiracy to commit first-degree larceny. The letter was received in the Derby town clerk’s office March 24.
