To: DISD Superintendent Michael Hinojosa and all DISD School Board Trustees
 
From: Jesse Diaz  
          
Date: January 17, 2007  

Subject: Dallas LULAC Council 4496 calls upon DISD Superintendent Michael Hinojosa and all of the DISD School Board Trustees to exercise ZERO TOLERANCE and prosecute to the full extent of the law, all DISD employees who are found guilty of any misuse of DISD District credit cards.

Dallas LULAC Council 4496 calls upon DISD Superintendent Michael Hinojosa and all of the DISD School Board Trustees to exercise ZERO TOLERANCE and prosecute to the full extent of the law, all DISD employees who are found guilty of any misuse of DISD Credit Cards. DISD stakeholders deserve zero tolerance for any and all individuals who are found guilty of misusing DISD credit cards. The word ?egregious? is not in the Texas Penal Code when it comes to credit card abuse.

Texas Penal Code, Chapter 32. Fraud Subchapter A. General Provisons. Subchapter C. Credit. 32.31. Credit Card or Debit Card Abuse. (a) For purposes of this section: (b) A person commits an offense if: (1) with intent to obtain a benefit fraudulently, he presents or uses a credit card or debit card with knowledge that: (3)  he receives a benefit that he knows has been obtained in violation of this section; (11)  being authorized by an issuer to furnish goods or services on presentation of a credit card or debit card, he, with intent to defraud the issuer or a cardholder, fails to furnish goods or services that he represents in writing to the issuer that he has furnished. (d)  An offense under this section is a state jail felony.

Acts 1973, 63rd Leg., p. 883, ch. 399, ? 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, ? 1.01, eff. Sept. 1, 1994;  Acts 2003, 78th Leg., ch. 1104, ? 2, 3, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 1054, ? 1, eff. Sept. 1, 2005.

32.32. False Statement To Obtain Property Or Credit.  (b)  A person commits an offense if he intentionally or knowingly makes a materially false or misleading written statement to obtain property or credit for himself or another. (c)  An offense under this section is:  (1)  a Class C misdemeanor if the value of the property or the amount of credit is less than $50; (2)  a Class B misdemeanor if the value of the property or the amount of credit is $50 or more but less than $500; (3)  a Class A misdemeanor if the value of the property or the amount of credit is $500 or more but less than $1,500; (4)  a state jail felony if the value of the property or the amount of credit is $1,500 or more but less than $20,000; (5)  a felony of the third degree if the value of the property or the amount of credit is $20,000 or more but less than $100,000; (6)  a felony of the second degree if the value of the property or the amount of credit is $100,000 or more but less than $200,000;  or (7)  a felony of the first degree if the value of the property or the amount of credit is $200,000 or more.

Acts 1973, 63rd Leg., p. 883, ch. 399, ? 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, ? 1.01, eff. Sept. 1, 1994;  Acts 1995, 74th Leg., ch. 76, ? 14.50, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 1245, ? 3, eff. Sept. 1, 2001.

Crime is crime and those who violate the trust of DISD taxpayers deserve to be criminally charged as provided by the Texas Penal Code.  

The phrase ?That?s like the Fox taking care of the Hen House? comes into mind when I read the Dallas Morning News article ?10 may be charged in DISD credit card case? By Kent Fisher on January 9, 2007. The article states investigators have thus far compiled and submitted a list of 20 DISD employees out of more than 600 DISD employees who are alleged to have committed credit card abuse of DISD credit cards to a committee of top DISD officials so these DISD employees may determine how DISD will handle those individuals who may have committed DISD credit card abuse. Every single DISD employee who committed credit card abuse of DISD credit cards should be charged with a felony and/or at least a misdemeanor along with whatever disciplinary action the DISD deems warranted. Whether the violation was purchase of thousands of dollars of personal items or purchase of personal meals at the expense of DISD stakeholders, if one does the crime those in question should do the time. 

We commend DISD stakeholder Allen Gwinn for uncovering the flagrant violation of the public?s trust relating to the criminal use of DISD credit cards. Discovery of credit card abuse within the DISD should have been brought to DISD taxpayer?s attention by those who either were in management or supervisory positions within the DISD or those who were elected to represent the best interest of very DISD stakeholder.