PORTLAND, Maine — A Westbrook woman who fraudulently obtained funds from her ex-husband’s retirement account after he refused her request for a $15,000 loan was sentenced Friday in U.S. District Court to one year of probation.

Martha Collins, 45, also was ordered to pay nearly $29,000 in restitution. She waived indictment and pleaded guilty in January to wire fraud and identity theft.

Collins paid the restitution before sentencing, according to her attorney, Michael Whipple of Portland.

“Martha worked very hard to prove to the judge that she was an exemplary citizen leading up to this incident and that this was uncharacteristic,” he said Tuesday in an email. “Her remorse was very apparent throughout the process.”

Whipple said Collins was grateful that U.S. District Judge George Z. Singal placed her on probation and spared her jail time.

“She will spend the next year working on her emotional recovery and continue her ongoing efforts of caring for her elderly parents,” Whipple said.

Collins’ attorney said in his sentencing memorandum that she was facing foreclosure on her home in early July 2010 when she asked her ex-husband for the loan. He told her that he could not give her that much money, according to the prosecution version of events to which Collins pleaded guilty.

The ex-husband is identified by his initials in all court documents except Whipple’s sentencing memorandum.

Collins’ former husband proposed that she sell her motorcycle and cash out her Individual Retirement Account. He offered to give her the difference between that sum and the $15,000 Collins said she needed, according to court documents. Collins declined that offer.

Instead, she called a Massachusetts investment management firm where her ex-husband had his retirement accounts, according to the prosecution version of events. When the company told Collins she could not close out the accounts, she called back the next day and told an employee that her ex-husband was with her. A male, who is not named in court documents, posing as Collins’ ex-husband gave the employee the former husband’s Social Security number, date of birth and mailing address and said he wanted to close out the IRA accounts.

As a result of that phone call, the accounts were closed and approximately $29,000 was sent to a post office box Collins had set up. She admitted using the money for a mortgage payment, property taxes and car repairs, according to court documents.

Collins faced up to 20 years in prison on the wire fraud charge and up to five years in prison on the identity theft charge. In addition to prison time, she could have been ordered to pay fines of up to $250,000 on each count.

Her recommended sentence under the federal sentencing guidelines was between four and 10 months, which qualified her for probation, Assistant U.S. Attorney Craig Wolff said Tuesday.

Wolff recommended Collins be sentenced to three years of probation including four months of home detention.

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8 Comments

    1.   A male would have in no doubt received the full penalty, and at every turn been reminded of his short comings and expected not to react…our else.

    2. Yes I agree with you wholeheartedly. Maine has become nothing but a corrupt playing field for unscrupulous attorneys holding children as hostages with the idea of extorting money particularly from Maine Fathers. There is and has been a horrible atmosphere in the Maine judicial and there has been this double standard for a long time. While penniless father’s continue to go to prison thru no fault of their own simply because they are unable to meet impossible court orders in a in possible economic climate that is no fault of there own.

  1. This is insane! When are the courts in this state going to start treating everyone the same???

  2. Well, kind of sad to think that an ex wife could steal $29,000 with obvious intent due to the crafty nature of the theft.  Then going as far as setting up a PO Box to steal it, then walk away without any penalty except to “spend a little time working on her emotional recovery” and probation.

    Well if this guy had any doubt at all if the divorce was the right move her actions certainly validated that.

  3. So she steals $29,000 and no jail time? They say crime dose not pay. Well I bet it was worth the risk anyways because most do not get caught.

  4. A local prosecutor is charged by the Bar Commission for crimes of withholding evidence, corrupting police, and prosecuting innocent men.  But she is still allowed to prosecute men and enjoy a complete media blackout.  http://www.fathersandfamilies.org/2012/04/12/me-bar-counsel-recommends-discipline-for-ada-mary-n-kellett/
     
    And here we have a very interesting coverage of criminal behavior of a woman enjoying her 1 year probation so SHE could recover emotionally after SHE stole all her ex-husband’s retirement money.  The message is very clear from the courts and the mainstream media–no one cares about men.  In Maine men are scapegoated, abused, jailed, and their victimhood is always covered up and ignored.  I guess this woman’s husband should consider himself lucky she didn’t claim she was a victim of “domestic violence”.  Her word alone would have sent him to jail without any evidence.
     
    A few years ago a local judge DARED to scrutinize claims made by women seeking restraining orders.  The radical feminists protested and the Governor quickly removed this judge and replaced him with one that followed orders like a good boy.  That is why today, women can rob and murder their husbands and get away with it completely.

  5. Walk into a bank and steal $15,000 by handing the teller a note and you’ll go to prison for 20 years. Steal $15,000 by fraudulently raiding your ex’s retirement account and you get a year to “work on your emotional recovery.” Emotional recovery from what? Being a scumbag thief???

    Wondering if her accomplice (probably some sleaze she was shacked up with), was arrested for his role in this conspiracy??? Wonder how much her poor ex is paying to support her through alimony and I wonder if she “paid” her debt by agreeing to forego her alimony to the tune of restitution. If so, it sounds like this slimeball got an interest free loan in exchange for a year of..wait for it…wait for it…PROBATION

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