Former VCU dental professor James Hardigan convicted of embezzling more than $100,000 -- no jail time

Update July 2018: James Hardigan, a retired Virginia Commonwealth University dental professor who embezzled more than $100,000 from the VCU Dental Faculty Practice Association will serve no jail time.

James Hardigan embezzled $137K

At a hearing Tuesday in Richmond Circuit Court, Judge Bradley B. Cavedo struggled in deciding what would be a fair punishment for James Hardigan. The defendant pleaded guilty in May to felony embezzlement of $137,553. In the end, Cavedo gave Hardigan a 10-year suspended sentence and fined him $2,500. The judge noted that the 69-year-old defendant has paid restitution and cooperated with the authorities. “I cannot put this man at his age in a correctional facility, given the facts of the case and the full restitution,” Cavedo said. Hardigan apologized in court to his family and said he had acted with “abject stupidity.” After Cavedo announced his decision, the defendant hugged his wife in the courtroom.

“I think it was very, very fair,” James Hardigan said in a brief interview. “I appreciate the judge’s decision.” He could have faced up to 20 years in prison, but state sentencing guidelines had called for no active jail time. He declined to comment on why he had taken the money. James Hardigan, who now lives in Florida, became a dental professor at VCU in 1975 and in 1980 was named associate dean for administrative affairs for the VCU Dental Faculty Practice Association, according to Richmond prosecutor John Jung. The association was created to allow professors to both teach and have a private practice, Jung said. In 1995, James Hardigan opened an investment account with $500,000 under the association’s name, using money that belonged to the association, Jung said. In 2004, James Hardigan retired from VCU, Jung said.

The following year, he moved $137,553 from the account that had been opened in the association’s name into a personal account, Jung said. But 63 cents of interest apparently accrued in the first account, Jung said. Later, the investment firm asked the association about the account, and because the association had been unaware that the account existed, officials started looking into the matter, Jung said. That led to an audit, which in turn led to a police investigation. James Hardigan’s attorney, Jeffrey L. Everhart, argued that his client has no criminal record and said that apart from the criminal case, he has led an “exemplary life.” Everhart also told Cavedo that his client did not spend the $137,553 and that the money instead had “languished” in his account. “He didn’t spend it,” Everhart said. “He returned it.” Cavedo agreed with Everhart that, in many embezzlement cases, the money is spent and cannot be repaid. Cavedo also took James Hardigan’s age into consideration when deciding whether or not to give him active jail time. “He would be the oldest person I’ve ever locked up,” he said. Rebecca Pousson, executive associate dean of the VCU School of Dentistry, testified for the prosecution that the theft has taken a financial and emotional toll on members of the dental school community, including those who had held Hardigan in high regard.

“They’ve suffered quite a bit,” she said. Jung said it remains unclear what happened to the rest of the $500,000 that had been used to open the initial account.

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A retired Virginia Commonwealth University dental professor almost got away with stealing more than $100,000 from the VCU Dental Faculty Practice Association, authorities said. But James Hardigan was undone by a measly 63 cents that was left in an account from which he had taken a large sum of money, according to Richmond prosecutor John Jung.

James Hardigan, 69, pleaded guilty Thursday in Richmond Circuit Court to felony embezzlement of $137,553.

No agreement was reached on his punishment. He faces up to 20 years in prison when he is sentenced Aug. 9.

Hardigan, who now lives in Florida, became a dental professor at VCU in 1975 and in 1980 was named associate dean for administrative affairs for the VCU Dental Faculty Practice Association, Jung said.

The association was created to allow professors to both teach and have a private practice, Jung said.

In 1995, Hardigan opened an investment account with $500,000 under the association’s name, using money that belonged to the association, Jung said.

In 2004, Hardigan retired from VCU, Jung said. The following year, he moved $137,553 from the account that had been opened in the association’s name into a personal account, Jung said.

But 63 cents of interest apparently accrued in the first account, Jung said.

Later, the investment firm asked the association about the account, and because the association had been unaware that the account existed, officials started looking into the matter, Jung said. That led to an audit, which in turn led to a police investigation.

Hardigan’s attorney, Jeffrey L. Everhart, said his client is prepared to pay back the amount that he was convicted of stealing. Hardigan apparently had kept the money in his account and not spent it, Everhart said.

“The money never went anywhere,” he said.

Jung said it is unclear what happened to the rest of the $500,000 that had been used to open the initial account.