On Tuesday, a former Kent County
investment advisor Jaime Westenbarger, 46, now of Nashville, TN, pled guilty to
Embezzlement and Conducting a Criminal Enterprise, among other felonies,
announced Michigan Attorney General Dana Nessel.
Westenbarger worked as an investment advisor and the registered agent for Forest Hills Financial, Inc. when he used his position to embezzle from multiple clients. Westenbarger told the victims he would invest their money, but instead stole the money for himself using a computer via online transfers. The case was referred to Attorney General Nessel’s office by the Michigan Department of Licensing and Regulatory Affairs.
“Michigan residents seeking a competent financial advisor should not have to fear they are handing their hard-earned income to an outright criminal,” said Nessel. “We rely often on our ability to trust the professionals in our community, and losses such as these would be devastating for almost any family. I am appreciative of the Michigan Department of Licensing and Regulatory Affairs for bringing this matter to the skilled prosecutors in my office, and to those prosecutors for the restitution they were able to secure for these victims.”
Under a delayed sentence agreement, Westenbarger pled guilty before Judge Scott A. Noto in the 17th Circuit Court in Kent County to the following charges:
• One count of Conducting a Criminal Enterprise, punishable by 20 years’ incarceration and/or $100,000.
• Two counts of Embezzlement $100,000 or More, punishable by 20 years’ incarceration and/or a fine up to $50,000, or three times the amount embezzled, whichever is greater.
• One count of Embezzlement $50,000 to $100,000, punishable by 15 years’ incarceration and/or $25,000, or three times the amount embezzled, whichever is greater.
• Two counts of Using a Computer to Commit a Crime, in this instance punishable by 20 years’ incarceration and/or $20,000.
• One count of Using a Computer to Commit a Crime, in this instance punishable by 10 years’ incarceration and/or $10,000.
Westenbarger paid $100,000 in restitution for the victims at the time of the plea and has five months to pay the remaining $60,000 in restitution during his delayed sentence. If he pays the full $160,000 in restitution for the victims of the charged offenses before the end of his delayed sentence, the People have agreed to a maximum term of incarceration of 30 months, concurrently, on the charges of Embezzlement $100,000 or More and Embezzlement $50,000 or More But Less Than $100,000, with the remaining charges dismissed.
Additionally, if Westenbarger fails to comply with the agreement to pay the $160,000 in restitution before the end of his delayed sentence, he will be sentenced on all charges. $100,000 was previously paid in restitution.
Westenbarger has also agreed that other victims of uncharged offenses, listed in the plea agreement, have the right to seek restitution in this case for the financial loss they may have suffered.
Sentencing will take place on June 27, at 9 a.m. before Judge Scott A. Noto in the 17th Circuit Court in Kent County.
