Woman admits embezzling from doctor

The former office manager for an elderly Burlingame doctor spent two of her 10 years of service embezzling more than $79,000, putting him at risk of losing his business and home, according to prosecutors who planned to try her this week.

But instead of facing a jury, Jenny Jacqueline Espino, 40, is facing up to 16 months in prison after pleading no contest yesterday to felony embezzlement. Defense attorney Chuck Smith said the resolution is actually a year jail term under the new realignment rules. Espino settled her case on what was the sixth setting of her trial since first being arraigned in June 2010. In return for her plea, prosecutors dropped another charge of identity theft.

The resolution is a "pretty good settlement,” said Chief Deputy District Attorney Karen Guidotti.

Espino worked for the doctor more than a decade and he completely trusted her with his financial duties, prosecutors say. However, they also say between May 20, 2007 and Aug. 31, 2009, Espino began writing checks to herself, taking a total more than $79,000 through 50 checks. The doctor reportedly did not learn of the taking until he was unable to pay his bills and risked closing his business and losing his home.

Smith does not deny his client took some money "inappropriately” but said it falls short of the amount alleged which will be a point at sentencing. Her employer was aware of and signed some of the checks even though he now disputes the authorization, Smith said.

Smith also said Espino was pressured by a con man to take the money. He finagled his way into her family affairs, leading her to believe he would help her get a new kidney for her sister, and ultimately began threatening violence if she did not take the money, Smith said.

However, a duress defense only works if it is an immediate threat and his client’s failure to escape the situation means he could not use that argument before a jury, Smith said.

The District Attorney’s Office charged her with embezzlement and excessive taking rather than for each individual check because the amounts involved and possible sentencing boiled down to essentially the same, Guidotti said.

Espino is free from custody on a $10,000 bail bond. She returns to court April 10 for sentencing. Whether she receives the full 16 months or a lesser term is likely dependent on her attitude and how much of the money she can pay back, Guidotti said.

Smith said he does not know if Espino will be able to make any of the restitution.

She has no prior criminal history in San Mateo County.

Michelle Durand can be reached by email: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 102.