WILLIAMSPORT - A Castanea woman who confessed to defrauding her former employer, Brodart Co., 500 Arch St., Williamsport, of more than $84,000, was sentenced Thursday in Lycoming County Court to serve nine months in Lycoming County Prison. Penny M. Fogleman, 43, of 507 W. Grape St., Castanea, begins her sentence Monday. She also must pay $10,000 restitution to Brodart and $75,145 to Travelers Casualty and Surety Insurance Co., the bonding company in the case, Lycoming County Judge Dudley N. Anderson said. As part of her plea agreement with the district attorney's office, Fogleman agreed to testify in the case against Franck T. Chenet, 37, a native of France, who fled to that country and faces charges filed by Williamsport police. Fogleman was Chenet's administrative secretary at Brodart. But it was Fogleman who was arrested Aug. 16, 2007, for allegedly writing $84,000 in fraudulent checks and credit card charges that she billed to Brodart, according to an affidavit by city Police Agent Ronald L. Bachman, who specializes in fraud cases. Fogleman pleaded guilty Dec. 3 to charges of theft by deception, criminal attempt and access device. A letter written by Bachman was entered into the record at Fogleman's sentencing. In it, Bachman said while no promises were made by authorities as to her sentence, Fogleman has been cooperative and agreed to testify against Chenet. Fogleman, herself, expressed remorse and embarrassment over her actions and apologized to her former employer. Through her defense attorney, Fogleman told Anderson she has children, owns a home and has a mortgage to pay. She asked the judge for mercy, asked to be given a chance to work and to be a part of her daughter's life. She promised to fully pay back her employer. A Brodart employee and Lycoming County Assistant District Attorney Paul Petcavage reminded the court it was not Fogleman's first felony offense. She had a felony forgery on her record in the mid-1990s, according to court documents. Anderson merged the counts of theft and criminal attempts for sentencing purposes. He also said how troubled he was by the case because of other examples of those committing fraud who get jail time. "You get a guy, oftentimes he is poor ... oftentimes African American ... who shoplifted from Wegmans," the judge said. However, the man had done this three or four times before and "you know what?" Anderson asked Fogleman ... "he gets jail time." Anderson also cited an example of a crooked stockbroker who is caught stealing over and over and how charges against the financial expert are consolidated. "I'm sorry about your circumstances," Anderson said, adding, "but repeated acts of bad judgment, greed or something ... I suggest it deserves incarceration. I appreciate the fact that you are going to pay back Brodart and testify." The sentence order included six years of intermediate punishment, a supervised probation monitored by the Adult Probation Department and 150 hours of community service. She is eligible for the Pre-Release Center at the prison, allowing her to work under supervision. Chenet, meanwhile, is accused of tallying $19,000 worth of expenses for personal items he charged on the company's credit card, according to police. He used the credit card to purchase more than $12,000 worth of wine that was not authorized by the company between December 2005 and July 2007, when he was terminated, police said. Chenet, who is charged with theft by deception and access device fraud, allegedly spent the remainder of the money on groceries, art work and appliances. The warrant was issued for his arrest Oct. 9, 2007 and remains outstanding. "Prior to December 2004, Chenet was buying wine and putting it on his company expense report. Brodart's president, Joseph Largen, ordered Chenet to "stop purchasing the alcohol with company funds," Bachman said in an affidavit. Bachman said previously that he has evidence that reveals Chenet allegedly inappropriately used Fogleman's credit card 43 times, totalling $19,200. Chenet's attorney told investigators that he has since, in Bachman's words to the Sun-Gazette, "fled to France and is never returning to the U.S."
