Prison term for Susan Ross' secretary

SALT LAKE CITY — The connection between former Davis School District secretary Stella Smith and John and Susan Ross was addressed almost immediately at Smith's sentencing in federal court Thursday.

The Rosses were convicted of bilking the school district of almost $4 million. John Ross paid a $500 fine. Susan Ross was sentenced to three years probation.

Smith, who bilked the district of more than $300,000, was sentenced Thursday to serve one year in prison.

As Susan Ross' secretary, Smith was apparently unaware of her boss' actions and cooperated with prosecutors once the crime came to light. She faced 18 to 24 months in prison. The judge knew, as did attorneys, that the cases would be compared and probation would appear to be a viable option.

But U.S. District Judge Dee Benson said that while he would order a sentence below the recommended guidelines, he wouldn't go as low as probation. He said he based his decision to sentence Smith, 57, to one year and one day in prison, a supervised release term of five years and payment of $324,579 in restitution on the facts before him in this specific case.

"I don't want there to be disparate sentences," Benson said. "But I don't see these as the same crimes. … I think she regrets it but, like many people, she regrets that she got caught."

Smith pleaded guilty to one count of mail fraud in October 2007. Smith admitted that while working as Susan Ross' secretary in the Title I program — which is meant to aid students who are minorities, disadvantaged or disabled — she submitted paperwork to the school district to have E.B. Smith Co. approved as a vendor. Using that fictitious company name, Smith submitted purchase orders for books that had not been requested by district employees.

Smith then received Title I checks from the government, which she deposited into a bank account controlled by her and her husband.

"We accept the fact that they are two different judges who each have their own individual opinion, but you can't disregard the fact that Susan Ross stole some $4 million and my client took $325,000 and she's doing time," Smith's attorney, Paul Grant, told the Deseret News.

"That said, I think Judge Benson gave her a fair sentence, except for the disparity issues."