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Judge Holds Embezzler Accountable Despite Problem Gambling

By Brian Chan on June 2, 2009  Email it!    Print Version

Play Slots at Rushmore Casino! SAN FRANCISCO, CALIFORNIA -- A US District Court judge in San Francisco sentenced a former bank official to over two years in prison, after he was caught embezzling to support a compulsive gambling habit. Holding Alex Cheuck Kin Yan accountable to personal responsibility despite his defense of problem gambling, Judge Marilyn Hall Patel decided he must spend the next twenty-seven months behind bars.

Yan pleaded guilty to stealing $236,000 from clients of United Commercial Bank from 2004 to 2007. The judge commanded him to make full restitution in the same amount, as well as serve his jailtime.

Yan's public defender noted that her client had taken full blame for his crime, and has been seeking treatment and attending Gamblers Anonymous meetings since his arrest.

"This does not excuse his conduct, but it does put into context what he has done," Assistant Public Defender Rita Bosworth wrote. "He has had a problem with gambling since 2000. As his financial situation got more and more unstable, Mr. Yan unfortunately turned to gambling to try to get back on track."

But the judge felt that his contrition, while sincere, was not sufficient for the actions he had admitted.

Debate on how to handle criminals who have compulsive gambling symptoms has been rising in the US. Nevada last week adopted a law allowing diversion of addicted gamblers to treatment rather than prison. While many states employ such tactics for drug abusers, only a few are treating problem gambling the same.

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