A Little Rock woman who concocted a scheme to defraud Wal-Mart Stores Inc. out of $41,787 was sentenced Thursday to five years' probation.
Chief U.S. District Judge Brian Miller granted the defense's request for probation after hearing statements from 63-year-old Marcell Williams and her attorney, Ron Davis. She could have received 18 to 24 months based on the recommended sentencing guidelines.
Williams -- who also used the name Marcell Johnson -- pleaded guilty in February to a single count of wire fraud, though an indictment handed up in November 2012 accused her of carrying out a price-switching scheme 117 times in 25 Wal-Mart stores across Arkansas.
In a Little Rock courtroom in February, Williams explained to the judge how her scheme worked: Before purchasing items, she switched price tags with less-expensive merchandise.
While checking out, Williams would distract the cashier so the clerk wouldn't notice that she was being charged less than the actual price.
Williams would later buy the same item at its original price, and then return the first item to a different Wal-Mart store using the receipt from the second purchase. She would end up with both the item, which she obtained at a reduced price, and the cash or in-store credit for its full-price return.
Williams carried out this scheme from June 9, 2010, to Sept. 30, 2012, at Wal-Mart stores in Conway, Dardanelle, Little Rock, Bryant, North Little Rock, Pine Bluff, Russellville, Stuttgart, Jacksonville, Morrilton, Monticello, Searcy, Batesville, Maumelle, Sherwood, Jonesboro, West Memphis, Trumann, Cabot, Fordyce, Newport, Pocahontas, Walnut Ridge, McGehee and Clinton.
In one instance, Williams netted only $0.97 for a refund, according to the indictment. However, on one day in 2010 she netted a total of $9,346.65 from returns at seven different Wal-Mart stores.
Williams' scheme was discovered when an employee recognized her as someone who had been charged with thefts in Wal-Mart stores on several previous occasions. The employee reviewed videos associated with suspicious transactions or returns before turning the case over to U.S. Secret Service.
With her 82-year-old mother in the gallery behind her, Williams stood at the lectern Wednesday and told the judge that in the two years since her arrest, she has secured a job, started school and stopped doing drugs and stealing.
"Drugs played a part in what I was doing," Williams said. "A week before I was arrested I prayed for relief, and my arrest gave me a chance. I do know I am different now."
Davis and U.S. Attorney Ed Walker told the judge that Williams provided information about her scheme and the defects in Wal-Mart's security system to law enforcement and Wal-Mart officials, though it is unknown whether the information has led to any arrests or investigations.
Walker asked that the judge still sentence Williams to the recommended 18 to 24 months, while Davis argued to allow her to remain a contributing member of society.
Before issuing the sentence, the judge warned Williams that he would not be lenient on her if she were caught during her secured release.
"Don't come back here," he added.
While on probation, Williams will be required to get treatment for her substance abuse and go through a mental health program. As part of her plea agreement, she must also pay full restitution to Wal-Mart.
Metro on 09/30/2014