SNOW HILL – A Berlin man awaits sentencing after pleading guilty to a theft scheme involving a local homeowners association.
Berlin resident Andrew Charles Riley, 60, faced multiple charges related to the theft of close to $16,000 from the Henry Mill Home Owners Association. Riley accepted a plea offer from the state and pleaded guilty to a count of theft scheme from $1,500 to $25,000.
“Sentencing was postponed for a pre-sentence investigation and so that the victims can be present to give impact statements to the court,” Worcester County State’s Attorney Kris Heiser said in an email.
According to charging documents, the Berlin Police Department received a complaint regarding embezzlement/theft from the Henry Mill Home Owners Association (HOA) in April.
The treasurer of the HOA reportedly told police he’d noticed inconsistencies in the organization’s financial statements. As he reviewed the statements, he identified several questionable transactions made by the HOA’s previous treasurer, Riley. The complainant told police he’d identified $15,823.18 in transactions that occurred between 2016 and 2020 and had brought the information to the HOA’s board of directors, which opted to bring the matter to the police.
Investigators identified several checks written from the HOA account by Riley either to himself, his company or his wife, according to charging documents. While several ranged from $130 to $675, one check for $9,550 included a memo of tree removal while another for $3,600 listed just an invoice number on the memo line.
“When asked, Riley told Investigators that he didn’t remember writing any fraudulent checks,” charging documents read. “Riley went on to state that the scope of his company, Riley & Company LLC was for bookkeeping and tax preparation services only.”
When asked what services his company provided the HOA, Riley told police he filed the yearly tax return form.
When investigators asked how much money the company made from the HOA, Riley said he’d charged “a couple hundred dollars” a year for invoices and postage.
“When asked about the check written for tree removal, Riley stated that he didn’t remember writing those,” documents read. “Riley went on to state that he often paid for HOA expenses from his own account and reimbursed himself through the HOA account. Riley stated he did this to make things whole.”
Riley reportedly told investigators he’d provide legitimate invoice documentation to prove his statements.
Instead, they received a call from his attorney inquiring if Riley could pay back the money he was accused of taking “to avoid further investigation and possible prosecution.” According to charging documents the attorney was advised that the HOA wanted to further the official police investigation.
On June 1, Riley was charged with one count of theft $10,000 to under $100,000, one count of theft scheme $10,000 to under $100,000, one count of theft $1,500 to under $25,000 and one count of theft scheme $1,500 to under $25,000.
Heiser said Riley accepted a plea offer and plead guilty to the latter count of theft scheme.
“Full restitution of nearly $16,000 has already been provided by the Defendant prior to sentencing, and the State is recommending that the Defendant serve a period of incarceration to be determined by the court,” Heiser said.
