Moraga resident Francis Robert Fritzky told a United States District Court Judge that he looted more than $250,000 from the Moraga Community Foundation’s coffers while serving as its treasurer from June, 2016 to July, 2019.
Fritzky, currently free and reportedly still living in Moraga, had initially entered a plea of not guilty to two counts of wire fraud and filing a false tax return.
He made the admission during a change of plea hearing August 21 and is scheduled to return for sentencing in District Court on January 12 of next year.
The theft came to light in September 2019 after Foundation members grew suspicious about Fritzky’s management of MCF funds and were able to determine that then-treasurer Fritzky had diverted more than $250,000 of MCF money to personal accounts, his company MedaMatRx, LLC and to a foundation he founded in memory of his wife, Jeanette.
Prosecutors said Fritzky told suspicious MCF members that the balance for one of the Foundation’s funds in December 2018 was more than $108,000 and that another held more than $37,000 when the combined balances for both funds was actually less than $2,000.
Under the terms of a Plea Agreement arranged through the court, Fritzky agreed to make restitution to MCF for slightly more than $200,000 with the court able to impose a higher amount at sentencing.
According to biographical information posted to the Moraga Chamber of Commerce website prior to his ouster, Fritzky graduated from Duquesne University and has made his home in Moraga for 14 years. He is listed as the founder, president and CEO of MedMatRx and MedEngage, coached the Joaquin Miller Intermediate School’s cross-country team and was active in Moraga Boy Scout Troop No. 234 and the Moraga Country Club Membership Committee.
Per the Lamorinda Weekly, when offered the (mandatory) opportunity to affirm his guilty pleading publicly in court, Bob replied: ‘Unfortunately, circumstances led me to do this.’ The court was not pleased with that response, and required just a bit more. But, it made me realize, that circumstances have led me to who I am, also. I confess, I am shorter than average, socially awkward, can’t sing or dance, but I HAVE NEVER STOLEN FROM MY FRIENDS AND NEIGHBORS. May it please the court.
As is normally the case, 99%+/- of guilt belongs to embezzler….1%+/- to foundation members who were too timid or buddy-buddy or ignorant to initiate/enforce audits.
I’d say it’s closer to 50/50. Had the other members followed protocol it very likely wouldn’t have happened.
You don’t seem to have an elementary understanding of responsibility. Supervising the mission, watching the money was their sole job. This was not the committee for prom nite. A quarter of a million dollars was stolen on their watch…in plain sight…over multiple years. These board members, these officers, were not serious people. They were friends of Bob. Who would question Bob?
I could no longer live the lifestyle I felt I was entitled too. Heck of a basis for jail time.
Well, Club Fed will relieve his financial woes. Talk about the scenic route!
At least he pled guilty. Save the taxpayers the cost of a trial.
How can he make restitution?
No jail?
No jail? I don’t know. It does make one wonder if a Willie or a Joe Dirt would have gotten as sweet a deal as a Francis Robert.
How do you know he’s not going to jail? His sentencing is January 12, 2021.
We don’t, but no punishment is mentioned besides the “restitution”, and paying back a portion of what he stole does not meet the definition of restitution, does it?
In Federal Court, plea agreements generally do not stipulate a particular prison term. Some Federal plea bargains do stipulate that the DOJ will proffer a sentencing RECOMMENDATION, but federal judges may exercise broad discretion to depart, upwards or downward, from the prosecution’s recommendation, within the complex sentencing guidelines.
I.e. We don’t know yet, or at least I don’t know.
No. No. No.
I feel obliged to respond to EnoughAlready who said “As is normally the case, 99%+/- of guilt belongs to embezzler….1%+/- to foundation members who were too timid or buddy-buddy or ignorant to initiate/enforce audits.”
These board members, these officers, were not/are not serious people. Their job was to supervise and execute the mission of the non-profit. No one. No one has come forward to my knowledge and offered an “I’m sorry”. The non-profit MCF continues to solicit funds as though nothing happened. The former President of MCF from 2017 while this theft was occurring is seeking a position on the Town Council. A quarter of a million dollars was stolen over SEVERAL YEARS from Moraga donors. HELLO! Is anybody out there? These people are not worthy of your trust! Wake up!
He was falsifying financial records. Unless you have a surprise audit, how else would you catch this? And how many small organizations have surprise audits?
I hear you Maurice. You raise a valid point. This was a group of volunteers trying to do something good, and they were lied to repeatedly by someone they trusted, someone who probably started with small thefts and became increasingly desperate until he couldn’t cover it up anymore. But, but there was a legal structure in place to establish accountability and control over this public charity, and for it to work, the individuals appointed had to take their responsibilities seriously. It is a public trust, and the bylaws are rather formulaic. Of the many possible committees that can be created to do the charity’s work, one is mandated, the Audit Committee. I’m curious to know, did they actually name members to such a committee and did they meet and review the financial reports as required? If so, what were their qualifications? Did the Audit Committee even know what it was looking at? Is any of this documented?
Now, you may say this could have happened to anybody, but it didn’t, it happened over 3 years to the self-appointed leaders of Moraga, and when they screwed up, there was no “sorry”; there was no accountability. The “charity” continues to solicit donations, and their public posture is: gosh, how could he have done that to us? Now, you Maurice, say that this was a “small organization”, and in the grand scheme of things that may be true, but these pillars of Moraga failed to notice the theft of $250,000 from the donors of a small town of 16,000 or so, and they continue to “serve” us on how many boards I can only imagine.
Is “david” are very own David Trotter that is quoted in the LaMo Weekly article that was sited above and has been involved with MCF for many years?
I am not a lawyer.
Seems like he could have reached out for help with a go fund me account. People have raised 200,000 in a couple of days around these parts.
Who was the Treasurer in this outfit?