The former finance director for the La Jolla Music Society was sentenced on Aug. 4 to 2 1/2 years in federal prison for embezzling $650,000 from the nonprofit organization over 10 years – even while earning $120,000 annually in salary.
Christopher Michael Benavides, 52, was allowed to remain free on a $20,000 bond and will surrender on Sept. 19 to begin his 30-month sentence.
U.S. District Court Judge Cathy Bencivengo exceeded the recommended two-year sentence by a prosecutor and imposed 30 months, saying this type of embezzlement is “way more egregious when a nonprofit is involved.”
Bencivengo ordered Benavides to pay restitution of $650,000 to the music society. Assistant U.S. Attorney W. Mark Conover said he doubted Benavides was remorseful because he has not paid anything towards restitution.
Todd Schultz, the president and CEO of the La Jolla Music Society, appeared at the sentencing and also filed a four-page letter with the judge that stated Benavides was earning $120,000 annually while he was finance director.
The letter stated that Benavides oversaw the budgeting process and “he regularly claimed that many staff salary increases were not possible due to budgetary constraints.” He added: “During this same time period, Benavides was stealing for himself an average of about $65,000 per year.”
Schultz’ letter said they discovered Benavides paid his personal mortgage payments using the music society funds, and Benavides initially said it was done by accident. But they later learned it was a massive theft in which funds were used to pay for his credit cards and other personal expenses.
They fired him in March 2021 after 15 years as their finance director. Executives said they suspect the theft may be larger but their records don’t go back past 2011.
Also speaking in court was board chairman Steve Baum, who also investigated the thefts.
In court, Benavides told Bencivengo he regretted his actions and lost the trust of friends.
“Mr. Benavides exploited his position of trust with the La Jolla Music Society by stealing month after month for over a decade,” said U.S. Attorney Randy Grossman.
“His greed and deception have had a lasting impact on this nonprofit,” added Grossman.
“La Jolla Music Society trusted their director of finance to safeguard the nonprofit’s funds, but Benavides had a different plan,” said Stacey Moy, special agent in charge of the FBI’s field office.
“Instead, the defendant strategically calculated year over year to systematically steal from his employer, selfishly lining his own pockets,” said Moy.
The La Jolla Music Society provides arts and education programming for thousands of San Diegans each year including a year-round music-training program in Barrio Logan for middle and high school students.
They provide learning opportunities for young musicians, seminars, lectures, and student performances. It relies heavily on donors, foundations and government funding to cover its expenses.
