The former treasurer of the Moraga Community Foundation receives 18 months in prison for embezzlement
OAKLAND – A year after pleading guilty to wire fraud and filing a false tax return, the former treasurer of the Moraga Community Foundation was sentenced to 18 months in federal prison.
Francis Robert Fritzky, 64, has until November to transform into the Bureau of Prisons to begin serving his sentence, which U.S. District Judge Jon Tigar handed down on Friday. Fritzky must also repay the more than $ 300,000 he embezzled from the MCF. Prosecutors say he’s about a third of the way, while Fritzky’s attorney says he paid more than that.
Fritzky admitted to stealing more than $ 250,000 from the foundation and fabricating his tax returns to cover his tracks. He agreed to plead guilty in August 2020, two months after the prosecution files were filed by the US Bay Area prosecutor’s office.
Fritzky reportedly claimed in a “post-arrest interview” that the withdrawals were in fact transfers to a fund he created in honor of his late wife, but later admitted to using the money for his own business , MedMatRx, according to prosecutors. He also allegedly solicited donations for his late wife’s fund claiming it was a certified nonprofit when it was not, according to a sentencing memo.
The MCF, which is actually a non-profit organization, describes itself as a “philanthropic organization that works with the community to build a vibrant future for Moraga”. Fritzky is no longer associated with the organization.
Fritzky’s attorney, Deputy Federal Public Defender Graham Archer, wrote in a sentencing memo that he deserved house arrest, not jail.
“As described in detail previously, Mr. Fritkzy is a proud person who has worked hard and given generously of himself over the course of his life,” Archer wrote. “The extraordinary financial circumstances he endured when he committed the offense do not lessen the shame he feels for the impact this has had on the community, the Foundation and his own family.
When Fritzky pleaded guilty, he first said, “Unfortunately, the circumstances led me to do so, when asked why he was pleading guilty, LaMorinda Weekly reported. Tigar told him he couldn’t accept his plea unless he admitted all elements of the two offenses, which he then did.
The sentencing order orders Fritzky “to be assigned to a federal correctional institute as close as possible to the San Francisco Bay Area to facilitate visitation with the children and the bride.” A hearing is also scheduled for next week to ensure Fritzky surrenders his passport so he cannot leave the country until his surrender date.