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Probation Officer Probe Moves To Canyon

The grand theft case against Ada County Misdemeanor Probation officer Austin Plew was moved to the Canyon County prosecutor Monday at the request of the Ada County prosecutor.

A preliminary hearing is set for December 22.

In the poorly worded complaint, Plew is charged with taking cash in the amount of “more than $1,000” over a period ranging “on or between” November 1, 2010 through November 10, 2011.

Based on the ambiguous wording of the complaint it is impossible to determine when the alleged crime was committed. The GUARDIAN is particularly interested to know “who knew what and when did they know it?”

Ada County Commishes recently renewed a contract with the private for-profit Ada County Misdemeanor Probation Services company. If ANYONE knew or suspected Plew of criminal activity during the past year and allowed him to continue to supervise misdemeanor offenders, a slew of legal actions could ensue.

Comments & Discussion

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  1. You leave a door open to fraud and someone will walk through that door. Just look at the Bank fraud that nearly destroyed the country via corrupt bankers giving home loans to people with low paying jobs, bad credit and no money down.

  2. Concerned citizen
    Dec 6, 2011, 10:58 am

    (Rumored accusation deleted). Also, another concerning thought. He was being investigated for weeks?! How could he possibly be allowed to supervise offenders when he is being investigated for theft, and this NOT be a complete conflict?? He was supervising cases that involved theft. This is baffling. How long did ACMPS let this go on? And how many more problems will this business encounter before the commissioners decide to take it over and clean up Nancy Cladis’ mess?

    EDITOR NOTE–The GUARDIAN and others share your concerns are are seeking answers.

  3. So let me get this straight in my mind…. as soon as there was any suspicion that this particular individual was responsible for these thefts he should have been fired…is that what I am hearing?

    I wonder how many people would be on here screaming that he was fired without due cause… suspicion is not cause… you need proof… If we are too use suspicion as a determinate as to whether to fire/punish someone then there are a lot of people that would not be walking the streets.

    Be careful what you wish for in your blood lust to do away with private probation and put it under “govt” control. Do some research on some of your county employees and you might be surprised what you find some of them have been convicted of.

    Remember he is still innocent until proven guilty… that being said… I don’t like the guy…I don’t like his holly er than thow attitude. I have had my run ins with him and hope that he gets what he deserves. I won’t say throw the book at him… but in my opinion he should get a fine equal to what he stole, have to pay the money he stole back to the wronged party and receive two to three years in custody. The min for this crime is 1 year and the max is 20 he does not deserve anywhere near the max, but he does deserve to do more than the minimum, since he is/was an authority figure.

    I sometimes question whether people in those positions should not have their consequences doubled.

    One question I have for concerned citizen and super Dave is this, how is this Nancy Cladis’ mess she is the aggrieved party in this instance or is she to blame because she hired a person who so it seems stole from her company? If someone you take into your confidence steals from you is it your fault?

    EDITOR NOTE–There is an issue–according to some lawyers–of the “BRADY RULING” which involves making exculpatory evidence know to a defendant. If a copper has a history of DUI himslef, his zeal in arresting or reluctance to enforce could be factors in how or why he acted in a case. Same could be true about how a probationer is treated if his PO is looking for cash. If Nancy had suspicion or info regarding a PO, it would be a reasonable argument the probationer should not be subject to his supervision.

  4. Is this a joke?
    Dec 6, 2011, 1:37 pm

    I’m sure all Nancy was thinking about was a slam dunk case n possibly getting her money back rather then the defendants being supervised by a law abiding citizen. I mean if she thought there was a problem why not suspend him until the accounting could be evaluated rather then let him keep it up and put him under surveillance and say to hell with the people on probation.

  5. I guess I am missing something here…how did him stealing money hurt anyone on probation….. he stole the money from the company not the individuals…please explain…. it just seems like everyone wants to do away with ACMPS and put supervision under county control…. if you wanna see corruption let Sharon and that bunch get involved…

    EDITOR NOTE–Last try. If a bank teller is suspected of stealing money from a bank, she (or he) should not be left to handle your transactions if the bank suspects the teller of theft. The actions of the teller could cost your deposit records. If a teacher is thought to fondle a child that teacher should not be left in the classroom because he (or she) only fondled one kid.

  6. Brady v. Maryland, 373 U.S. 83 (1963),[1] was a United States Supreme Court case in which the prosecution had withheld from the criminal defendant certain evidence. The defendant challenged his conviction, arguing it had been contrary to the Due Process Clause of the Fourteenth Amendment to the United States Constitution

    Last try Dave… a probationer is NOT a defendant as there is no case between the probationer and the PO… so under Brady no one was obligated to inform the probationer of anything…. Dave Dave Dave… you analogies are beyond comprehension… I will be getting ANOTHER personal email from Dave demanding yet another public apology…. not gonna happen… lol

  7. Rick you are something else!!! How would you like it if YOUR probation officer was a thief?!? Get a life!!! Nancy knew in fact she let it go on WAY to long!! Long enough that she indeed does know where her money was being spent. She is seeing dollar signs right now, I know this for a stinkin fact! Anyone who knows her or has worked for her knows this.

  8. I do agree with Rick that one is innocent until proven guilty BUT in my eyes that is not the issue here. “is this a joke’s” comment has hit the nail on the head for me. Why was he not suspended when he was suspected of the thefts? I’d no more want to sit in front of a pastor and hear him preach about fidelity when he’s in fact cheating on his wife then I’d want to listed to a PO talk to me about stealing when he’s doing the same thing. There seems to be real moral and ethical concerns on how this was handled and yet he was still able to counsel defendant’s on how to do the right things in society.
    I have 2 questions that I’d like to know the answers to if anyone can answer.

    The first one is for the commish’s, well I should just say Sharon because Rick and Vern don’t seem to have a voice when it comes to Misd. Probation. When were you notified that there was a problem like this there? Was it while the investigation was on-going or was it when or after he was arrested? You have oversight into this company now so I would certainly hope you were just not informed of this after the fact. My second question is for a current or ex employee IF this had not been caught is there a way this would of fallen back on the probationer’s and they would of had to pay that money to probation again because they didn’t show their money was received to begin with?

  9. Former employee
    Dec 6, 2011, 6:56 pm

    To Gregg- absolutely this could fall back on an offender. If a client was for example transferred to a different PO, this new PO would notice that the client had not been billed for several months. Therefore, they would bill that client for those months. When the offender came in for their next appt, they would be told by the new PO that they owed hundreds of dollars. (edited comment: money could have not been recorded to hide theft). Another way this could be pinned on an offender is after their probation has ended. Someone at ACMPS reviews closed files and they are responsible for sending anybody who still owes supervision fees to a collection agency. So an offender who in reality paid each and every month would be sent to collections, because several of their payments were never applied.

  10. I do know that once the PO that was in charge of closed files was fired he offered to do the job. This would have been caught by the former PO however she was let go, while on vacation in Mexico. As for Greg’s question, if a person did NOT save their receipt they would have ended up paying what (was missing).

    EDITOR NOTE–PLEASE refrain from allegations or conclusions like “he took…” or name calling, etc. We try to catch these, but can’t filter all the rumors and conclusions.

  11. RU Kidding….did he steal from you? Doesnt sound like it so mind you own buisness…this doesnt concern you.. it doesnt affect your life…move on and dont be so bitter… I have a life thats much better than you will ever comprehend…. Greg I agree with you when you say “in fact” cheating suspecions arent facts….no of us know how long it took to get proof it was him and ANY one who says it shouldnt have taken that long is just talking smack with no basis in fact…I still say if none of the probationeers accounts were being shorted and he wasnt doing anything with there supervision that was against the rules it was none of their concern… and thats the bottom line…

  12. Get a life Rick!

  13. lol thats funny…the logic too much for ya?

  14. I’m sorry Rick, but your rambling makes less and less sense every time you post. Sounds like someone is having quite the party tonight. For you to say it’s nobody’s business is ludicrous. This man supervised thousands over the years. He was an authoritative figure and was also a very well known figure in his church. His behavior and actions affect everyone. It makes one question the integrity of law enforcement, and makes the thousands still on probation very weary of the man/woman currently supervising them.

  15. good for you what?????? I dont party… sorry if you cant see past the end of your nose….. have fun at your next meeting with your PO

  16. Client of ACMPS
    Dec 7, 2011, 7:24 am

    Why is it so surprising to see a person to close to church take money from others. We also see other people like government, police, lawyers, and any other person with an important title commit a crime and this is no different. I went to see my new PO who is Ory and she told me that they know who he took money from. We the probationers are not going to be responsible for paying the money back. My friend is with Nancy now and she was told by Nancy the same thing because they know who he took from and which probationer owes money…. How they know this I don’t know but they do. I was missing 2 billings and in my file it had a note that said “she is current don’t bill for the 2 months she was not billed for, this is on BPD audit sheet”. Good thing I kept my receipts and took them in to my new PO. But since this happen I cannot say my new PO will do the same thing. I don’t feel sorry for Austin, but for his wife and his children I do. I don’t know how she can take all this, because if it was me I would of filed for divorce since day one and move to another State.

  17. Is this a joke?
    Dec 7, 2011, 10:06 am

    A PO was fired while ON vacation out of the country? Whatever the offense it couldn’t wait until she came back? How was she informed…text message? Curious minds want to know why she was fired while she was out of the country BUT an alleged thief can still work?? Can’t say I’d feel to comfortable taking my hard earned vacation time working there if I was just going to be canned in my absence without even a chance to defend myself.

  18. Be careful Client any mention of anything done correctly by ACMPS will be met with ridicule by those hell bent on ensuring that all aspects of the business is scrutinized as closely as possible. You may also be lucky enough to get personal e-mails from “souper” Dave informing you that arguments (any opinion other than the party line) will not be allowed. The lofty on here feel the individual in question should have been dealt with prior to having definitive proof, instead of waiting until that proof was obtained and then dealing with him through legal channels.

    BTW I spelled super “souper” intentionally, sorry to those who were waiting to jump on that little tidbit

  19. Yes a very good probation officer was fired while she was on vacation in Mexico…how was she fired..oh Nancy was nice enough to send her a letter while she was on vacation letting her know she was fired…my guess she had to let someone go due to the fact she hired her 22 year old nephew to be a PO and she didn’t have an opened slot then..she should have waited just a couple of months…I heard they lost another employee due to mistreatment..Oh the stories I could tell.

  20. Looks like the wrong employee was fired. If people in supervisor positions had only been doing their jobs maybe they would have seen the missed billings and wrong doings of (another) way earlier. Sounds to me like they were focused on the wrong employee. So the hardworking employee who had been there for a long time was fired while (another) continued to steal from the company and use the money for extracurricular activities??? Sad….just sad

  21. Re: Is this a joke?
    Dec 7, 2011, 2:32 pm

    This individual was sent a letter to her home address while she was in Mexico claiming that her employment was terminated. It wasn’t until she contacted unemployment that they told her why she was terminated; she was not bringing in enough supervision fees. Meanwhile another PO WAS ALLEGEDLY STEALING IT. Another interesting note is that the director’s nephew had been hired a month prior and had no caseload. From what I’ve heard everybody there knew someone would be canned to make room for him. Guess it was easier to do it via letter than to look someone in the face.

  22. Is this a joke?
    Dec 7, 2011, 4:58 pm

    Not to mention all other employees have to wait a year for vacation but oh no not the nephew of Nancy, he gets vacation right off the bat! Must be nice!!!

    EDITOR NOTE–Since ACMPS is a private outfit, there is not really any reason to comment on how it is run with regard to staff, family, etc. Try to keep comments on topic with regard to how it all is handled with regard to staffing levels, contract agreement with the county, integrity of staff as it relates to probationers, etc.

  23. She was sent a termination letter while on vacation out of the country? This is ridiculous that a boss doesn’t even have the common decency to tell one in person that they’ve been fired. I find it quite spineless. They should of sent a text message and saved them the postage fee. Or maybe put that postage fee towards the monies she was not collecting. Since when is being a probation officer a commission based job.
    If what “is this a joke” says is true, then is seems pretty plausible that this PO was canned to make room for Nancy’s family member and that is in part why a letter was sent instead of a face to face meeting. A tinge of guilt I imagine.
    I am troubled by “Former Employee’s” assertion that it is possible for Plew’s theft to come back to the people on probation. And what if anything is being done to stop this from happening again? The commissioners supposedly have “oversight” now, have there been measures put in place to stop this kind of theft from happening again? Or maybe they can just do surveillance on everyone there so if there is criminal activity going on they can wait weeks until they have a rock solid case again. I think what has not been mentioned is that there is a fee taken out of everyone’s supervision fee’s and it’s applied towards post training, (I’m not sure how much) but the county is also at a loss for these funds as well.
    I still can’t get over the fact that he was not suspended pending an investigation. Guardian, is the police report public knowledge at this point and if so could you post it? I would think it would say on there the date they first suspected the theft’s and ultimately when he was finally let go.

    EDITOR NOTE–Report is not public at this point. When Plew has the preliminary hearing, there will be a finding that a “crime was committed and the defendant MAY have committed it.” Bond and trial date can be set at that time.

  24. Apparently the Boise City Attorney and the Ada County Prosecutor don’t get legal advice from Rick. Both agencies have been filing Brady disclosures in cases.

    Brady extends even past conviction because exculpatory evidence doesn’t disappear by the passage of time.

    Nancy isn’t necessarily the “victim” here. I have now heard that some probationers were being required to meet with their PO twice a month, and pay their supervision fee twice a month. That isn’t theft from Nancy, but from the person who is on probation. Persons on probation are also not always the best record keepers. Having reviewed PO notes in many, many, many cases, I just don’t see what accounting system is in place. One month the PO note says “Client owes $0 in COS, billed $50, client paid $50, client owes $0.” Next month it will say the client has a balance owed of $100.

    The issue with Brady applies to people who are on probation now, and even persons who have been discharged from probation. If someone was found to have violated probation in August on the basis of an affidavit or testimony from Plew, his charge is entirely relevant to a re-examination of the allegations in the case. Brady works on “maybe…” Maybe the person who got their probation violated realized that the PO was hustling him and the PV was a way to shut the probationer down. Who is a judge going to believe – the PO or the person on probation?

    And Brady now may extend to everybody on probation, if it comes to light that Nancy was having one of her own employees investigated for engaging in a felony at her business. I can’t wait to potentially ask her those questions…

    So at some point you came to suspect a PO of stealing from you, correct? Yes…

    And you contacted law enforcement? Yes…

    And you removed him from his caseload? Uh, no.

    You didn’t? Nope.

    You continued to let him supervise people and forward sworn documents to the prosecutors? Yes.

    Even though you believed he was stealing from you? Uh, yeah.

    What a bunch of BS that will be.

    And there is also the issue of whether or not Nancy knew about this problem at the time she was renewing her contract with Ada County. See 18-5401. Knowingly false testimony is only one way to cook that goose.

    Also, Rick, you don’t need cause to fire someone in Idaho unless they have contracted employment, a CBA or some other protection. The presumption applicable to the employment relationship is that it continues at the will of the parties. It can terminate because LSU and Alabama are playing in the BCS Championship, because it is raining, or upon a coin flip, if that’s what either party wants.

    EDITOR NOTE–Counselor, many thanks for the enlightenment.

  25. Gregg:

    Right now, the report is not public record as far as I am aware. Public record requests are apparently being ignored. Apparently there is no probable cause affidavit in the court file, although one might not have been required depending on exactly how the charge rolled out. We are looking at getting any audio from the PC hearing for an arrest warrant.

    The Brady disclosures the city and county have filed say only that a charge was filed against the PO for theft, and something about a twelve month timeline, but fail to disclose exactly what information the state is in possession of that gives them a duty to disclose. This seems in violation of Brady, by itself. The state’s disclosure is supposed to be of the material that gives them pause.

  26. ex probationer
    Dec 7, 2011, 9:28 pm

    publica…do you disclose your background to your clients? have you disclosed your back ground to people on here?

    EDITOR NOTE–Don’t try to compromise the guy please! The GUARDIAN has confirmed his identity and he is a real lawyer who defends clients in criminal cases in Ada County. He shares his expertise here for the greater good of the community.

  27. You got me. I was in Cub Scouts, but never made it to the Eagle Scouts.

    What on God’s Green Planet are you talking about?

    I have put an e-mail address on here and anybody is free to e-mail me. I have assisted a couple people with their situations. I saved one guy $1000, for pete’s sake.

  28. Also, in her contract it states only probation officers are to see clients. So why is it that she is letting her assistant Jessica see clients for her? This is in direct violation of her contract, the commissioners should be looking into that.

    EDITOR NOTE–This comment was edited to remove defamatory personal portions. Anyone wishing to comment is reminded to remain civil and not make allegations not supported by documented facts.

  29. yes nancy cant be reached so you have to talk to her assistant,jessica. jessica doesnt always know the right answer. so what do you do.

  30. Another shady one?
    Dec 14, 2011, 7:54 pm

    What concerns me is the fact that Austin was not the only employee terminated for theft. An employee for Nancy’s other probation office in Power County was terminated for doing the same thing several months ago. Shouldn’t measures have been taken back then to ensure this wouldn’t happen again?? Sounds to me like Power County may need someone looking into their probation office as well

  31. Publica I have a question for you. I checked the Idaho repository today to see what was going on with Nancy’s lawsuit and it says that she put in a motion to dismiss for “failure to join indispensable parties”, what does this mean exactly? I take it that it means she’s trying to get other people named as defendant’s in this lawsuit also? I certainly hope she is not trying to get the County sued as well after they have awarded her her lucrative contract year after year after year. Kind of a slap in the face to us taxpayers if that’s what this is. The taxpayers will end up having to pay the price.
    Also do you happen to have some “insider information” on how many people have joined the lawsuit (just curious).

    EDITOR NOTE–Afraid we don’t know what you are talking about and no word on plaintiffs.

  32. The only connection I have with the civil action is knowing Mr. Gordon and directing people to him.

    The court file should be public record, and viewable at the clerk’s office, possibly by appointment.

    I believe Dave Leory represents ACMPS (heard that somewhere), and spreading liability around would benefit his client. Nothing wrong with that.

  33. I personally want to thank Dave and the Guardian for bringing to light the corruption that many have ignored for years. It is nice to finally have a voice and you have given hundreds of people the opportunity to spread the word and although two of the commissioners have chosen to completely ignore it, I do believe it’s partly because of your help that next year Nancy will no longer be running probation. As a former employee I thank you from the bottom of my heart. You gave employees, clients, and concerned citizens a venue to voice their frustrations and take a stand. Bravo!

  34. Felon qorking
    Dec 20, 2011, 1:02 pm

    I know for a fact that (IDENTITY DELETED) works for the probation office and is a convicted felon. She cleans the office. Meaning, she has unsupervised access to each and every PO’s office, and thousands of files pertaining to clients. These files have SSNs, home addresses, aliases, cell numbers, family’s cell numbers, and other personal information. The only room she has no access to is the room where the money is placed. So she isn’t trusted enough to be around money but there’s no issue with her having free reign to personal info on clients?? And the commissioners were told all of this. Nancys contract states sheis prohibited from hiring anybody w felony convictions. She has chosen not to follow this stipulation and Rick and Vern have decided to sweep yet another issue under the rug. One has to ask themselves how many other contract violations have these two commissioners decided to overlook? Shameful.

  35. Former employee
    Dec 20, 2011, 7:06 pm

    Yes I can verify the fact that there is a felon working there. She seems pretty harmless but the contract is the contract and should be adheared to regardless of who it is.
    The years that I worked for this office there was also a PO that on NUMEROUS occasions was spotted at the mall while she claimed to be in court. These were all brought to Nancy’s attention by various employee’s and nothing was done. Is that not also theft? Shouldn’t a person NOT be paid while they are on personal errands again and again and again?
    It seems as though the contract and the rules do not apply to everyone, which was one of my biggest gripes when I worked there.

    Thanks to you Guardian for the outlet and Merry X-mas. Keep up the good work. in getting the stories that need to get out there in order for change to happen.

    EDITOR NOTE–Private employee issues are private. County contract issues need scrutiny.

  36. Publica; RESPECT

    Felon; DO TELL .

  37. From the unique position of seeing this case from both sides, i was at one point a Sergeant in the military, and now am on Felony probation, i can tell you that there is a large amount of Narcissism and just complete egomania flooding the probation system, (there are a few who actually are good people) mostly the only thing that moves these people is money, and the pursuit of money, I’ve done two tours in Iraq, served all over the world, and never in my life have i been confronted with a greater evil than that of the Idaho judicial system. The lack of fidelity and compassion in these organizations leads me to believe that there is no such thing as justice, and in Idaho there is no such thing as a “good cop

  38. continued…. again… til Jan 4th I think it was… at 9am

    This story is about an individual stealing from his employer is it not? I for the life of me can’t figure out what relevance a PO going to the mall, whether there is a felon working in the office or if a person was fired to make room for another individual have to this case? Sounds like more disgruntled client’s and an ex employee who was probably fired herself wanting to stir up things.

  39. Rick, I understand where you are coming from. However as a former employee myself, I feel somewhat validated in my negative feelings towards ACMPS as there is a tangled history that goes WAY back before the story/case at hand. Controversy and mismangement have plagued ACMPS for years. We still do not have the true facts on the current case, and can only wait as it goes through the process…I am curiously waiting to see what happens. The history helps to see from whence it came…

  40. Clearly “RICK” is a friend of the Plew family.

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