Former council member pleads guilty

By Allison Brophy Champion

Published: September 25, 2008

Former Culpeper Town Councilman David Martin pleaded guilty Thursday in Culpeper County Circuit Court to two misdemeanor embezzlement charges and three misdemeanor charges of failure to file his individual Virginia tax returns in 2004, 2005, and 2006.

In a plea agreement reached through special prosecutor Ron Morris, Greene County commonwealth’s attorney, Martin will serve 100 hours of community service in Culpeper.

Judge Edward Carpenter suspended five years jail time — one year for each count — on condition of two years good behavior.

Martin, 58, was ordered to pay $3,829.50 in restitution to MetLife Auto & Home — money owed to the national insurance company when Martin closed his Main Street insurance business in early 2007 after more than 25 years in business.

Morris said the plea was reached because no customers of Martin Insurance suffered financial losses and the crime was nonviolent. He also said Martin had no prior criminal record and had already paid “a large amount of restitution” to MetLife.

As part of the plea, Martin also agreed to forfeit any license he holds through the Bureau of Insurance; there is no provision allowing Martin to reapply for a license.

Martin’s lawyer, Frank Reynolds of Rappahannock County, said his client had already given up his insurance agent’s license.

Martin, as part of the plea agreement, must also file state tax returns for five years, from 2002 to 2006, by Dec. 15. Morris declined to prosecute two other misdemeanor charges for the 2002 and 2003 tax year filings as part of the plea.

Martin, a Culpeper native who served four terms on Town Council from 1984 to 2000, said after court he “was pleased and relieved that this long ordeal is finally over.”

The Virginia State Police first arrested Martin on the embezzlement charges Jan. 23 and he was released later that day on $7,500 bond. However, the case was postponed several times due to health issues with Martin’s original attorney.

“During the last nine months, many friends, family members and former policy holders have reached out to me offer their support and encouragement,” Martin said Thursday. “These folks have definitely kept me going, and I want to thank them.”

Martin admitted he made some mistakes, and in an effort to put the case behind him, he acknowledged those mistakes in court.

“I am very sorry if I disappointed, embarrassed or caused any problems for anyone,” he said. “And I ask for their forgiveness.”

Martin maintained after court Thursday that he never embezzled any money from Martin Insurance or his policyholders. He attributed the failure to pay MetLife the money owed from his customers to “a bookkeeping snafu” that occurred when he closed his business.

Allison Brophy Champion can be reached at 825-0771 ext. 101 or .