Dec 6, 2007
THURSDAY
Fay: Former Darien pastor sentenced to 3 years
|
Thursday's print edition:
No one is above the law, and a collar won’t keep you out of prison.
That’s what U.S. District Judge Janet Bond Arterton said to Michael Jude Fay, the former pastor of Darien’s St. John Roman Catholic Parish.
Arterton’s lessons came just before sentencing him to 37 months in federal prison Tuesday for stealing parishioners’ money for his own use. And he was ordered to pay restitution of $1,027,989.
The sentence was handed down by U.S. District Judge Janet Bond Arterton in New Haven federal court. Fay, 56, pleaded guilty in September to one count of interstate transportation of money obtained by fraud. He was facing up to 10 years in prison and up to $250,000 in fines.
Fay is also forbidden to charge more than $200 on credit cards, or open any new credit card or bank accounts without checking with the court first.
Before the sentencing, the judge heard arguments as to whether or not Fay could have extra months tacked onto his sentence for two separate additional “enhancements.” Fay’s lawyer, Lawrence Hopkins, argued that misrepresenting oneself on behalf of a religious organization, and abusing a position of trust, both of which added points to the sentence, were the same thing.
However, prosecutor Richard Schechter said one affected the parishioners, and the abuse of trust was the trust the church placed in him. In the end, Arterton agreed both were the same and would not allow the prosecution to count the enhancement twice.
Fay, who was wearing a sling and is suffering from terminal prostate cancer, begged the judge for mercy as he spoke out for the first time. He also said that he has been unable to apologize to his parish until now.
“I wrote a letter to you a year and a half ago but it was not allowed to be published,” he said.
His speech peppered with literary and artistic references, including Da Vinci’s “Last Supper,” Fay described himself as made up of many layers, and said he stood before the court at his basest layer, a compassionate man.
Fay said he took full accountability of his actions, and indicated he did not trust the right people, and was “sorry I didn’t realize the affect my medical drugs would have on me.”
REPORTER'S NOTEBOOK:
A fall from grace: Was justice served?
Hopkins unsuccessfully argued that Fay should be spared prison because of his cancer and his previous good works, such as counseling the bereaved. Several people spoke on Fay’s behalf, including his brother, his sister, two St. John’s parishioners and a friend.
Fay’s brother, Daniel Fay, became choked with emotion as he pled to have his brother spared from prison. A clinical psychologist from Memorial Sloan Kettering Hospital said she had counseled Fay in dealing with his terminal prostate cancer. She said the best outlook for Fay would be to be at home, as most patients in his condition improve when they are around family and familiar surroundings. Others said that putting Fay in prison would be denying the world his service to others.
Prosecutor Schechter argued that Fay not only continued his fraud at St. John’s after his cancer diagnosis, it actually got worse.
He also said it was not an isolated act in an otherwise good life, it was a series of years of stealing from Fay’s parishioners. Finally, he said the good works cited were Fay’s job, as a pastor, and said there was no evidence that Fay had continued to serve others after his resignation in May 2006.
And while the amount Fay stole could be measured in dollars, Schechter said the damage to the faith of St. John’s parishioners could not be measured. He said Fay’s former good deeds were not enough to overlook what Fay had done.
“For the last seven years, he served only himself,” Schechter said.
In sentencing Fay, Schechter asked the judge to keep the victims in mind, and reminded her that although Fay’s supporters had asked to be compassionate in her sentencing, that was not the court’s job.
“You should not be imposing a humane sentence, you should impose a just sentence. If the court only handed out humane sentences, many people wouldn’t go to prison,” he said.
Schechter said St. John’s loss “transcends dollars” and is a loss of “faith, trust and belief in our religious institutions that cannot be calculated.”
When Arterton began issuing the sentencing, she told Fay she would refer to him as “Mr. Fay” rather than “Father Fay.”
She referred to Fay’s speech and said she had considered both of his layers — the good man, as evidenced by the supporters and letters she had received, and the fraud that he committed. She also referred to comments about forgiveness made by supporters.
“Whether or not life is an adventure in forgiveness, it’s going to have to come from elsewhere,” she said.
Arterton said when an exception from a jail sentence is made for illness, it is in the case of someone who is not able to care for him or herself, which is not the case with Fay. However, Arterton said she would give some flexibility to when Fay reported for jail time depending on whether he was accepted into an experimental treatment program.
Arterton also addressed supporters’ statements that putting Fay in jail would put a stop to his gift of providing counsel to others.
“The opportunity to provide counsel to the needy is still available in our prisons. We have many needy people who have never had the opportunity to have the care and constant attention described to me that you’ve provided,” she said.
She referenced a particular letter she received from a parishioner who had donated large amounts despite personal financial hardships.
“The blow of where this hard-earned money went still resonates,” she said.
Following the judge’s sentencing, Hopkins asked that Fay’s reporting date be extended to June in order to try to receive the experimental treatment.
The former pastor won’t have to report to prison until April 2 so he can have extra time to see if he is accepted to an experimental cancer treatment, and if so, receive the treatment.
“We think it sends the right message that no matter what profession you’re in, theft is theft,” U.S. Attorney Kevin O’Connor said. “And the consequences should be the same.”
Members of Voice of the Faithful, a group seeking accountability among Catholic Church leaders, held protest signs outside the courtroom, saying “$1.4 million, extravagant or embezzlement?” and “Catholics, take back your church.”
Susan Byrne, a parishioner at St. John Parish, said the fact that Fay had apologized and felt some remorse “is encouraging.”
“And the fact that he got jail time is encouraging, but I’m doubtful he will serve that, because he appears to be a very clever man. I’m not sure he will serve that jail time,” she said.
John Cappiello Sr., another parishioner, said that his feelings on the sentencing were mixed.
“One thing I found pretty interesting is that the prosecutor said no crime is going to go unpunished, no matter what your occupation. You can’t hide behind the collar,” he said.
Cappiello said he hopes that the former pastor heals himself and said he feels compassion for Fay.
“I feel bad for the guy, he has cancer now, he has serious issues. I wouldn’t wish that on anyone. Money isn’t the driving force in my life. He did a lot of good things for some people and it’s a shame that greed got in the way.”
Cappiello said the sentence was fair in that Fay’s crime was not violent.
“The Diocese of Bridgeport joins with St. John Parish in saying that this is a day of great sorrow for all concerned,” the Bridgeport Diocese spokesman, Dr. Joseph McAleer, said. “We appreciate the efforts of the U.S. Attorney’s Office and the court in bringing closure to this matter. We pray that Father Fay will find reconciliation with God and those he has harmed, and that the St. John Parish community will continue to heal under the leadership of its pastor, Father Frank McGrath. The diocese will continue its concerted efforts on behalf of St. John Parish to achieve justice in the form of restitution.”
In an interview with The Darien Times on Wednesday, McAleer said the diocese continues to put the six elements into effect that it set up in response to Fay’s financial misconduct. The main components of the six key elements, according to the diocese’s Web site, are transparency, accountability and overall excellence.
McAleer said all 87 parishes within the diocese are doing very well.
“We have had a financial review of all 87 of our parishes,” he said.
McAleer said the review included accounts and policies and then suggested improvements were made and implemented.
“Such as how the Sunday collection is handled, and we look at budgeting, bookkeeping and parish investments,” he said.
Additional improvements include the publishing of a new administrative and financial manual in January that will be the “Bible” of parish financial controls.
McAleer said that, of course, there were lessons to be learned from Darien.
“We had started to make improvements, but Darien gave a renewed impetus to our program,” he said.
He also said Bishop William E. Lori, head of the diocese, had apologized to the parish for the events that transpired there back in May 2006, and the diocese had apologized multiple times since.
“Yesterday was a day of great sadness,” he said.
The Rev. Frank McGrath, current pastor of St. John Parish, agreed with Byrne that Fay’s show of remorse was a good thing.
“The justice department did their job, and the judge had some profound and serious things to say to Father Jude. It was good to start seeing some signs of repentance and remorse on Father Jude’s part,” he said.
Father McGrath said the vast majority of the church has moved on, but is sobered by the reality of the events. Despite that majority, he said there is still a group that has not yet been able to recover.
“There is a minority group still dealing with their hurt and anger, that hasn’t reached closure yet. I’ve been talking with them and praying with them,” he said.
Father McGrath said the church continues to pray for Fay.
In May 2006, it was discovered that Fay had been using church money to support his lavish lifestyle, which included trips to Europe, the Caribbean and other parts of the United States. A private investigation — prompted by another church priest and its bookkeeper — also discovered that Fay was in a romantic relationship with a Philadelphia event planner, Cliff Fantini. Fay resigned shortly after the news broke.
An August 2006 independent audit commissioned by the Diocese of Bridgeport, reported that St. John Parish lost at least $1.4 million since 2000. Fay became church pastor in 1991.
Byrne said whether or not Fay ends up serving the sentenced time, she has faith justice will be served.
“In the end, he will meet our maker, and have to do as we all do — stand up for what we’ve done.”
Reported Tuesday 8:02 p.m.:
NEW HAVEN — No one is above the law, and a collar won’t keep you out of prison.
That’s what U.S. District Judge Janet Bond Arterton told Michael Jude Fay, the former pastor of Darien's St. John Roman Catholic Parish.
Arterton’s lessons came just before sentencing Fay to 37 months in federal prison today for stealing parishioners' money for his own use. And he was ordered to pay restitution of $1,027,989.
The sentence was handed down in New Haven federal court. Fay, 56, pleaded guilty in September to one count of interstate transportation of money obtained by fraud. He was facing up to 10 years in prison and up to $250,000 in fines.
Fay, who was wearing a sling and is suffering from terminal prostate cancer, begged the judge for mercy. He also said that he has been unable to apologize to his parish until now.
“I wrote a letter to you a year and a half ago but it was not allowed to be published,” he said.
Fay said he took full accountability of his actions, and indicated he did not trust the right people, and was “sorry I didn’t realize the affect my medical drugs would have on me.”
Fay’s attorney, Lawrence Hopkins, unsuccessfully argued that Fay should be spared prison because of his cancer and his previous good works, such as counseling the bereaved and dying. Several people spoke on Fay’s behalf, including his brother, his sister, two St. John’s parishioners and a friend.
Fay’s brother, Daniel Fay, became choked with emotion as he pled to have his brother spared from prison. A clinical psychologist from Memorial Sloan Kettering hospital said she had counseled Fay in dealing with his terminal prostate cancer. She said that the best outlook for Fay would be to be at home, as most patients in his condition improve when they are around family and familiar surroundings. Others said that putting Fay in prison would be denying the world his service to others.
Prosecutor Richard Schechter argued that Fay not only continued his fraud at St. John after his diagnosis, it actually got worse.
He also said that it was not an isolated act in an otherwise good life, it was a series of years of stealing from Fay’s parishioners. Finally, he said that the good works cited were Fay’s job, as a pastor, and said that there was no evidence that Fay had continued to serve others after his resignation in May 2006.
The former pastor won't have to report to prison until April 2 so he can have extra time to see if he is accepted to an experimental cancer treatment, and if so, receive the treatment.
Members of Voice of the Faithful, a group seeking accountability among church leaders, held protest signs outside the courtroom, saying “$1.4 million, extravagant or embezzlement?” and “Catholics, take back your church.”
In May 2006, it was discovered that Fay had been using church money to support his lavish lifestyle, which included trips to Europe, the Caribbean and other parts of the United States. A private investigation — prompted by another church priest and its bookkeeper — also discovered that Fay was in a romantic relationship with a Philadelphia event planner, Cliff Fantini. Fay resigned shortly after the news broke.
An August 2006 independent audit commissioned by the Diocese of Bridgeport, reported that St. John Parish lost at least $1.4 million since 2000. Fay became church pastor in 1991.
"The Diocese of Bridgeport joins with St. John Parish in saying that this is a day of great sorrow for all concerned,” the Bridgeport Diocese spokesman, Dr. Joseph McAleer, said. "We appreciate the efforts of the U.S. Attorney's Office and the court in bringing closure to this matter. We pray that Father Fay will find reconciliation with God and those he has harmed, and that the St. John Parish community will continue to heal under the leadership of its pastor, Father Frank McGrath. The Diocese will continue its concerted efforts on behalf of St. John Parish to achieve justice in the form of restitution.”
Reported Tuesday 5:19 p.m.:
NEW HAVEN — Michael Jude Fay, the former pastor of Darien's St. John Roman Catholic
Parish was sentenced to 37 months in federal prison today for stealing
parishioners' money for his own use. And he was ordered to pay restitution of $1,027,989.
The sentence was handed down by U.S.
District Judge Janet Bond Arterton in New Haven federal court. Fay, 56, pleaded guilty in September to one count of interstate transportation
of
money obtained by fraud. He was facing up to 10 years in prison and up
to
$250,000 in fines.
The former pastor won't have to report to prison until April 2 so he can have extra time to continue with an experimental medical treatment for his cancer.
In May 2006, it was discovered that Fay had been using church money to
support his lavish lifestyle, which included trips to Europe, the
Caribbean and other parts of the United States. A private investigation
— prompted by another church priest and its bookkeeper — also
discovered that Fay was in a romantic relationship with a Philadelphia
event planner, Cliff Fantini. Fay resigned shortly after the news broke.
An August 2006 independent audit commissioned by the Diocese of
Bridgeport, reported that St. John Parish lost at least $1.4 million
since 2000. Fay became church pastor in 1991.
In September, Richard J. Schechter, who prosecuted the case, told the court that
between 1991 and 2006, Fay solicited contributions for the church while
assuring parishioners that the money would be used for the parish.
In 1999, Schechter said, Fay opened a bank account under the name
Bridget Funds. Between 1999 and 2000, Fay deposited $230,000 into that
account which he used for his personal use and to pay off credit cards.
Between 2000 and 2006, Schechter said, Fay opened another account at a
Darien bank under the name Dombasco. He deposited $750,000 into this
account, which he spent for personal use.
Schechter also said that Fay transferred an undisclosed amount of parish money into his own bank account.
Fay also admitted that, in March 2006, he instructed a parish employee
to transfer $34,000 from a parish bank account in Connecticut to his
personal bank account at a Wachovia Bank in Florida. The $34,000
represented funds that were needed to pay parish expenses, including
salaries of employees, according to the U.S. Attorney’s Office.
Immediately after the $34,000 was transferred to Fay’s personal account
at Wachovia Bank, Fay admitted that he caused these funds to be
transferred in interstate commerce to a company in Pennsylvania. The
$34,000 represented part of a $39,558 down payment for the purchase by
Fay of a Philadelphia condo.
W
ith the guilty plea, Fay waved his right to appeal — unless he was sentenced to more than 57 months.
E-mail Darien Times reporter Susan Shultz at
sshultz@darientimes.com.
The Dec. 6 Darien Times will have more on this story. Subscribers to Darien
Times E-mail Alerts heard about this story right after it happened. To
subscribe, e-mail breakingnews@darientimes.com. Subject: Sign me up.
Previously on DarienTimes.com
Diocese: Fay still a priest, still getting paid
Thu Nov. 29
‘It made my jaw drop' PI who broke Fay case publishes book
Thu Nov. 29
© Copyright 2008 by Hersam Acorn Newspapers
|
