Former general manager charged with embezzling

Published 9:19 am Tuesday, June 26, 2018

NILES — The former general manager of the Southeast Berrien County Landfill, who conspired with an employee to embezzle money, was sentenced for the crime Monday in Berrien County Trial Court.

Clyde “Sonny” David Fuller III, 47, of Buchanan, was charged with embezzlement of $100,000 or more. He and co-defendant Terry Snow, 54, of Eau Claire, pleaded guilty to the crime on March 28.

Judge Charles LaSata sentenced Fuller to serve a minimum of 32 months to a maximum of 240 months in a Michigan state prison. Fuller has credit for 38 days.

Clyde “Sonny” David Fuller III

Snow was sentenced for the crime last month and was ordered to serve 20 to 240 months in a Michigan state prison. Fuller’s case was adjourned at that time. He was jailed instead so that he could attempt to sell two of his homes to help pay back restitution.

Fuller had received only one offer on one of his homes, but he could not accept because it was below the mortgage pay off. Both homes are in foreclosure.

Fuller and Snow’s charges followed an investigation conducted by the Berrien County Sheriff’s Department last year which determined that Fuller and Snow had funneled about $249,000 into a shell company called GT&S Enterprises from December 2016 to June 2017. Earlier testimony indicated that payment transfers to GT&S Enterprises coincided with transfers to the defendants’ bank accounts.

LaSata questioned what Fuller had done with the money. Fuller claimed that he had used the embezzled funds to pay off debts and to assist a family member who was battling cancer with medical treatment and travel costs.

Fuller said he was “truly sorry” for committing the crime.

“I will accept whatever consequences are necessary for me,” Fuller said.

Prior to Fuller’s sentencing, Assistant Prosecuting Attorney Jennifer Smith accused Fuller of being “a leader” in committing the crime.

“Frankly, the evidence is overwhelming that the defendant did this,” Smith said. “The evidence is overwhelming that he was the person of authority who was able to conduct this scheme.”

But Fuller’s defense attorney Sean Drew said it took the collaboration of both parties to commit the crime. He described it as difficult to determine who the “true leader” was because both seemed to take the lead on different aspects of the crime.

“This entire endeavor would not have been successful or even occurred had it not been for both,” Drew said. “One obviously aided the other.”

Drew continued to defend his client, calling the crime “out of character” given Fuller’s record for serving the community. He said Fuller had served for 20 years as a volunteer firefighter and as a reserve officer for about 17 years. Additionally, Drew said numerous letters were submitted to the judge on Fuller’s behalf that illustrated how he had given back to his community.

“It’s a true tragedy, because Mr. Fuller had a good heart,” Drew said. “After his sentence, he wants to regain his employment and commence restitution.”

Smith did not dispute that Fuller was well-liked. In fact, she said Fuller was so loved by his community and fellow employees that landfill representatives had a hard time believing he was capable of the crime.

After listening to everyone speak, LaSata said crime would likely have a lengthy impact on the community landfill.

“This is going to cause issues for months if not years to come,” LaSata said. “This occurred over a period of months. It was not one snap. You have a character flaw. I’m not saying you are an evil person, but it is pertinent that you accept responsibility. You are really not getting it.”

Because of this, LaSata said he had sentenced Fuller more harshly than Snow.

In addition to serving time in prison, Snow and Fuller were ordered to pay a joint settlement of $293,958 in restitution. Through the settlement, each defendant will pay half of the embezzled money back.