PORTLAND — The former head of the Maine Turnpike Authority is arguing that he should be incarcerated for a year or less for misappropriating gift cards worth tens of thousands of dollars for personal use.

Paul Violette, who led the turnpike authority for 23 years, pleaded guilty to the felony offense of theft in February. Under a plea agreement, his possible prison time was capped at five years — the term being requested by the prosecutor. Violette, 56, is scheduled to be sentenced Friday in Cumberland County Unified Criminal Court.

Violette potentially used as much as $230,706 in turnpike authority funds for personal use, including stays at high-end hotels in Maine and abroad, family vacations, spa treatments and a deposit on a tuxedo, according to prosecutors. He admitted misappropriating gift cards worth $100,000 to $150,000 from 2003 to 2010.

He is requesting a sentence of 30 months with all but 12 months or less suspended, along with probation and community service.

A sentencing memorandum filed by his lawyer Wednesday argues that although his conduct was wrong, Violette’s actions in committing the offense were not as egregious as they might have been.

“It was not committed in a violent manner and there was no likelihood that it would result in confrontation or altercation with a victim. Mr. Violette did not conspire with anyone to commit this crime. He did not forge checks, or attempt to cover up his use of the gift cards by ‘cooking the books,’” stated the memo submitted by Peter DeTroy, Violette’s lawyer.

The memo cites mitigating factors, including that Violette took responsibility by pleading guilty, paid restitution and showed genuine remorse. Violette, who has no other criminal history, is also an excellent candidate for rehabilitation and has been volunteering at the St. Vincent de Paul soup kitchen in Portland for months, according to the document.

In her sentencing memo, Assistant Attorney General Leanne Robbin argues for the full five years allowed under the plea deal. She noted that Violette lied about the purpose of the gift cards, saying they were part of a “civic involvement” effort, continued to use them after being warned to rein in his expenses and deterred employees from reporting his expenses.

“The most egregious aspect of this case is that Violette was the executive director of the agency — the highest-ranking full-time employee — and as such, he was responsible for safeguarding the agency’s funds. Instead, he diverted them to support an extravagant lifestyle,” Robbin wrote in her memo filed last week.

Violette was well-compensated during his tenure – in 2011 he earned $138,720, which includes cashed-in sick and vacation time, Robbin wrote.

Violette, a former lobbyist and Democratic state lawmaker, resigned as executive director of the turnpike authority in March 2011. His thefts came to light after the Legislature’s Government Oversight Committee asked in 2009 that the Office of Program Evaluation and Government Accountability probe the finances of the quasi-state agency.

The authority sued Violette in July. Under the settlement reached in December, Violette agreed to pay restitution of $155,000 – a sum that represents his entire net worth.

It’s not clear where Violette would serve time. The Maine State Prison is for those serving sentences of more than five years. Other possibilities include the Charleston Correctional Center in Penobscot County, the Bolduc Correctional Center in Warren or – if his incarceration is for less than a year – the Cumberland County Jail. 

Staff Writer Ann S. Kim can be contacted at 791-6383 or at:

akim@pressherald.com

 

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