Thieving priest deserves to be treated like any other criminal

I’m not one of them.

Nor is the U.S. Department of Probation, which recommends he spend 33 months in prison, which is the low end of the federal sentencing guidelines. The high end would be 41 months.

U.S. District Judge James Mahan won’t be bound by the probation recommendation when he sentences Monsignor Kevin McAuliffe at 10 a.m. Friday. He can show leniency. Or not.

McAuliffe’s attorney, Margaret Stanish, has an uphill battle when she argues his gambling addiction and his mental disorders and depression are reason to give him clemency. She’s arguing for probation, so he can stay an active priest and help other gambling addicts.

Why should an addicted priest get a pass from prison when other gambling addicts don’t? That’s unfair.

Nevada federal judges haven’t been forgiving with others who steal because they want to gamble with money that’s not theirs, partly because sentencing guidelines say gambling addiction is no reason for a judge to reduce a sentence.

Elizabeth "Becki" Simmons, a paralegal in the U.S. attorney’s office with a fondness for gambling was sentenced to 30 months in prison by U.S. District Judge Johnnie Rawlinson in 1999. Simmons creating a scheme in which she was able to steal more than $1 million from the U.S. Marshals Service witness fund between 1988 and 1998 by creating fake witnesses. She did the time but never paid restitution. The prosecution noted the divorced mother of two had a pattern of gambling four hours a night, four times a week.

In May, U.S. District Judge Kent Dawson sentenced Ely City Councilman Stephen Marich, a cashier at the First National Bank of Ely, to 78 months in prison. Marich admitted to stealing at least $3.7 million over 12 years. (Auditors estimated it was actually about $5.9 million.) Dawson rejected the "compulsive gambling disorder" defense, noting that Marich was gambling using the bank’s money and not his own.

McAuliffe was doing the same. He wasn’t gambling his savings, he was gambling money mostly meant for St. Elizabeth Ann Seton Catholic Church in Summerlin, where he was the pastor. Most of the theft was from looting the votive candle fund. He also created false financial records so that St. Elizabeth was underreporting its financial condition and shortchanging the Las Vegas Diocese about $84,500. That’s why he pleaded guilty to three counts of mail fraud; he mailed fraudulent documents.

Despite his theft, McAuliffe "left the parish and school debt-free and in excellent financial health," his attorney wrote.

A more deceitful image of McAuliffe emerged from Assistant U.S. Attorney Christina Brown’s sentencing memo. She noted the priest lied to the FBI when first asked why his income hasn’t matched his expenses since 2002.

In a two-hour interview in May, he initially denied stealing from the church. Then he said he only stole from the votive candle fund, not any other fund.

That, too, was a lie. The novenas said for the dead? He took from that fund as well. And the gift store. Could he have forgotten that he asked the church to reimburse him for personal expenses to the tune of $65,000? Not a chance.

He said he didn’t seek help because his gambling "relieved stress" and "he felt he could always control his gambling."

Another miscalculation by the monsignor.

Should the monsignor be treated different than the thieving Las Vegas paralegal and the thieving Ely bank cashier?

Absolutely not.

Though the Catholic Church teaches forgiveness, McAuliffe should be treated like any other criminal, because that’s what he is.

In court, McAuliffe shouldn’t be held to a higher standard because he is a priest.

But the priest doesn’t deserve a pass from prison.

Jane Ann Morrison’s column appears Monday, Thursday and Saturday. Email her at Jane@reviewjournal.com or call her at 702-383-0275. She also blogs at lvrj.com/blogs/Morrison.