The punishment for a former Healdsburg youth soccer league president accused of misappropriating more than $57,000 could depend on how much of the money he is able to pay back, prosecutors said Monday.
Kyle Joseph Hoffman, 37, faces up to nine months in jail if he admits attempting to defraud the league, Chief Deputy District Attorney Bill Brockley said.
But he could serve less time if he comes up with the money to make the league whole, Brockley said.
"We'll consider less if he makes a substantial restitution payment," Brockley said outside court.
Hoffman was in court again this morning in a blue dress shirt and tie alongside his attorney, George Arack.
Arack told Judge Ken Gnoss the two sides were "moving close to a point where we will resolve the case." He asked for more time to consider an offer. The next hearing was set for May 16.
Hoffman declined to comment as he left the courtroom. Arack confirmed the length of a possible jail sentence would depend on how much money Hoffman could raise.
"He wants to make restitution," Arack said.
Hoffman is charged with six felonies for allegedly writing 71 unauthorized checks on the league's account from January 2008 to June 2010. He pleaeded not guilty to the charges.
The checks ranged from $60 to $3,180 and appeared to be used to cover personal expenses, prosecutors said. Most of the checks were made out to cash.
The alleged theft was noticed by board members last summer when check began to bounce and bills went unpaid. The organization's funds come primarily from registration fees paid by players.
League members told police Hoffman was president and was the only person with access to the account.
The defendant is founder of KJ Hoffman, a development consulting firm and commercial finance company. He also worked for a company that makes marketing videos for wineries.
Under the proposed offer, Hoffman would plead to three counts of grand theft embezzlement — one for each year. The other three charges, writing bad checks, would be dismissed.
If convicted at trial of all six felonies, he could go to state prison for more than four years.