Area man accused of embezzling $100,000 from client

By BOB GIBBINS

TAHLEQUAH DAILY PRESS May 16, 2008 11:01 am

— An area man faces a July 7 court appearance on allegations he embezzled $100,000 from a man he was building a house for in Cherokee County.
Prosecutors charged Howard Tate, 49, with one count of embezzlement. They say Tate took the money from Brady May and Armstrong Bank between Sept. 19, 2007, and March 1, 2008. Tate reportedly claimed he was using the money for construction-related costs, but converted the cash to his own use.
Court records show Tate has pleaded not guilty to the charge, which was filed after an investigation by Tahlequah police.
Embezzlement is punishable by imprisonment for up to 10 years and/or a fine of up to $10,000 and restitution. Assistant District Attorney David Pierce is prosecuting the case.
In addition to the criminal charges, Brady and Alice May on April 9 filed a civil suit against Tate for breach of fiduciary duty and deceit. Tate filed an answer to the suit April 28.
Tate and Tate and Co. LLC are also defendants in a suit filed by Michael and Kelly Mindiola Feb. 6. Court records show Tate is seeking removal of a default judgment granted against him in the case.