The president and owner of the company, Joseph C. Santos, the Federal Probation Office about the incident on May 12, 2010.
Designated Senior Judge Robert J. Bryan of the Western District of Washington summoned Babauta after the Federal Probation Office moved for the revocation of the defendant’s probation.
Santos said Babauta was observed by three emergency medical technicians entering the main office at around 6 p.m. on April 30, 2010.
Babauta told the EMTs that he would be using the Internet, and he would “lock up” because he had a key to the office.
Santos said Babauta was not allowed to stay in the office after 5 p.m., and was not authorized to hold a key to the office.
The next morning, the door to the accounting office was found forcibly opened and damaged.
On May 3, 2010 Babauta failed to report for work. The next day, Babauta’s girlfriend dropped off a medical excuse slip, stating he could not work due to chest pain and cough.
“Mr. Santos stated that Babauta had not reported back to work and was considered to have abandoned his position,” the Federal Probation Office told the court.
On May 5, 2010, Santos received a call from Raymond Falcon, owner of a commercial building in Chalan Kanoa, stating that a Saint Michael check made payable to Babauta in the amount of $180 had been cashed at a store of one of his tenants.
Santos reviewed his online bank records and discovered that another check amounting to $770 had been fraudulently written to Babauta, and was cashed at a store on April 30, 2010.
Santos reported these theft incidents to the Department of Public Safety.
When questioned by Detective J. Olopai, Babauta confessed to breaking into the accounting office and stealing the company checks.
Babauta told Olopai he wrote his name on two checks, amounting to $770 and $180, and forged Santos’ signature.
Babauta said he received $550 and $120 for the two checks.
“Babauta attributed his actions to gambling addiction,” the Federal Probation Office said.
