WAILUKU - A Kihei man described as a "willing yet unwitting accomplice" in the theft of more than a quarter-million dollars from a Lahaina business was ordered to repay half of the amount embezzled.
David Lundquist Jr., 52, was given a chance to keep a felony conviction off his record if he follows court requirements for the next five years.
He had pleaded no contest to a reduced charge of second-degree theft of the money stolen from Sargent's Fine Art from February 2006 to October 2008.
At the time, Lundquist's then-girlfriend, Nancy Rose, was working as a bookkeeper for the business. According to court records, she had access to company accounts when unauthorized fund transfers were made to four credit cards in Lundquist's name and a payment was made to his Cingular Wireless account.
The total amount of the unauthorized transfers to Lundquist's account and credit cards was $262,656, according to court records.
"He appears to have been a willing yet unwitting accomplice," said Deputy Prosecutor Lewis Littlepage.
He said Lundquist noted that Rose had a "creative compensation package."
"Creative in this case involved funneling money through his credit cards," Littlepage said. "That shows he's willing and possibly knew it was illegal."
Littlepage said Lundquist appeared to be unwitting because he may not have known the full extent of Rose's involvement and his complicity in the scheme.
Lundquist's credit card statements showed "he did benefit from this immensely," Littlepage said.
The unauthorized transfers were used to pay off outstanding balances on the credit card accounts, according to court records. The transfers were discovered around the time Rose was fired after company officials discovered Rose had not paid employee payroll taxes and the company was being assessed penalties by the IRS, according to court records.
"I can promise that I will never be back here again for the rest of my life," Lundquist said in court Jan. 17.
Littlepage said that Lundquist has no prior criminal history.
Second Circuit Judge Joseph Cardoza had agreed to be bound by a plea agreement calling for probation and no jail for Lundquist.
Lundquist was ordered to pay $131,328 in restitution and to stay away from Sargent's Fine Art, its owners and employees.
Rose, 56, is awaiting trial on a charge of first-degree theft.