Judge Sheldon also included restitution in favor of the Pool in the sentencing order in the amount of $237,053.26 with
payments of not less than $50.00 per month commencing within 60 days following release from confinement. The
order also reserved to the Court jurisdiction to consider additional restitution amounts for potential civil litigation to set
aside a fraudulent conveyance and/or for civil litigation for failure of the property owner to disclose engineering issues
to a buyer, and/or for significant depreciation or diminution in value of the property based upon prevailing market
conditions and/or a reasonable rental value, if sought. Any funds from the sale of the property by WCRP shall offset the
restitution amount.
The Pool immediately commenced civil legal actions to obtain reconveyance of the real property. A Quit Claim Deed
and related papers, signed by the family members to whom the property was fraudulently conveyed, were obtained by
the Pool’s legal counsel and filed in Mason County, Washington. The court later issued a Quiet Title order in favor of
the Risk Pool.
Disposal of the reacquired real property occurred via a public auction process in 2011. The deadline for submission of
bids was September 30th, and the formal bid opening was conducted by the Pool’s Secretary/Treasurer October 4th. The
Executive Committee reviewed the auction results October 13th and agreed to reconsider the minimum value ($150,000)
established in early 2010 and to accept the highest bid of $85,000 received during the recent auction. Closing
documents were signed October 27th with monies/keys exchanged shortly thereafter.
To obtain the cooperation needed on the Quit Claim deed and on the lawsuit, the Pool’s counsel agreed that no damages
in the quiet title action would be sought as to anyone other than the former employee. And while the restitution order
against the former employee presently stands as it was issued by the Court at the sentencing hearing, the Pool’s counsel
will be asked soon to report to the court the net proceeds obtained from the property’s disposal. The Pool’s Executive
Committee has also directed that the court be asked to reduce the restitution order to only reflect the added costs the
Pool incurred a) addressing the fraud investigation and criminal proceedings, b) to recover ownership and O&M costs
incurred since recovery, c) arranging for and conducting the public auction and for the final disposal/transfer of the
property’s ownership, and d) to secure the amended restitution order.
NOTE 3 - DEPOSITS AND INVESTMENTS
a.
Deposit
The WCRP deposits and certificates of deposit are entirely covered by federal depository insurance (FDIC) or
by collateral held in a multiple financial institution collateral pool administered by the Washington Public
Deposit Protection Commission (PDPC).
b.
Investments
The WCRP had invested with the Local Government Investment Pool and administered by the State Treasurer
funds on September 30, 2011 and 2010, with a fair value of
$35,330,046 and
$29,274,116 respectively.
NOTE 4 - JOINT SELF-INSURED RETENTION
The WCRP retains responsibility for the payment of claims within specified self-insured retention limits prior to the
application of coverage provided by its reinsurance and excess insurance contracts.
For fiscal years 2011 and 2010, the Pool’s per-occurrence retention limit for liability claims was $100,000 or the
applicable member’s deductible, whichever was greater. For Public Officials Liability, Employment Practices Liability
and Employee Benefits Liability claims exceeding the retention limit but less than $1,000,000, the Pool’s annual
aggregate reinsurance was limited to $20,000,000, and for those same claims between $1,000,000 and $2,000,000, the
Pool’s annual aggregate reinsurance was limited to $10,000,000.
Through pre-funded member assessments (deposit assessments) collected at the beginning of each policy year, the
WCRP committed assets for the years ended September 30, 2011 and 2010 of $1,570,125 and $1,502,751 respectively,
and is committing $1,605,472 for PY-2012, specifically for the purpose of funding its self-insured retentions for those
years.
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Washington State Auditor's Office
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