The seemingly endless criminal investigation into the misuse of
retirement funds by officials of the Mexican American Community
Services Association needs to be wrapped up.
It’s been nearly two years since the story broke on fiscal trouble
The seemingly endless criminal investigation into the misuse of retirement funds by officials of the Mexican American Community Services Association needs to be wrapped up.
Newly seated District Attorney Jeff Rosen has made a firm, repeated and public campaign commitment to fairness in the judicial process. Delivering on that promise should include timely decisions on filing charges.
The community deserves a decision and so do those being investigated.
Two years ago, The Dispatch broke the story on the allegations that MACSA’s leaders skimmed hundreds of thousands of dollars from its teacher retirement funds for use in the nonprofit agency’s operating budget.
MACSA has filed a civil lawsuit against its former leaders
Since that time, El Portal Academy, the charter high school operated by MACSA in Gilroy, has been shut down, the Santa Clara County Office of Education has conducted an audit and the agency itself has sued its former chief executive, Olivia Soza Mendiola, and its former chief financial officer, Ben Tan, as well as other employees.
Meanwhile, the District Attorney’s office under former DA Dolores Carr dilly-dallied issuing the proverbial “it’s a complicated case” statement every few months to explain the lack of action.
Enough. It can’t be that complicated.
Time for newly seated District Attorney Jeff Rosen to wade in
Rosen needs to gather the investigative team and assess where the case stands. Are there more resources needed to determine whether charges should be filed? Is prosecution near? Is the case a black hole that the plug should be pulled on?
In any case, the DA’s office is certainly going to have to justify its decision, but the duration of the investigation is bordering on the absurd. At the very least, Rosen should promise a decision timeline.
It seems very clear that pension funds were inappropriately used to cover operating expenses. It’s just as clear that the community-based organization and those it serves have been severely wounded by the allegations.
What’s not clear is what’s going on in the DA’s office. It’s time to make a decision, and frankly there has been plenty of time to make the right one.
