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GoogleMark Francis Rohde, 49, who pleaded guilty in August to stealing about $179,000 and to tax evasion, both felonies, was sentenced Tuesday in Plymouth County District Court.
Judge Duane Hoffmeyer first announced that he was sentencing Rohde to 10 years in prison for theft in the first degree and five years for tax evasion, but then added that he was suspending those prison sentences and imposing three years of probation. Rhode was ordered to pay about $210,000 in restitution, with most going to Joel Johnson of Mauer-Johnson Funeral Home and the remaining $31,500 going to the Iowa Department of Revenue.
The judge said he decided not to send Rohde to prison because he didn't foresee that accomplishing anything other than causing difficulty in Rohde making restitution payments.
He considered Rohde's age, prior record, family circumstances and the need for rehabilitation and protection of the community in his decision, Hoffmeyer added.
Along with making payments, Rohde must also complete any evaluations recommended by the Iowa Department of Correctional Services, maintain employment and get a second job if necessary to make payments, if requested by the probation officer. He must also provide financial statements when requested and complete a victim empathy course.
Rohde was formerly a part-owner of the Mauer-Johnson-Earnest Funeral Homes in Kingsley and Marcus with Joel Johnson.
During the sentencing, Johnson petitioned the judge to send Rohde to prison rather than just order him to pay restitution.
"This happened 37 times over three and a half years...There were 37 families I had to call and ask where the payment was after they had already paid," Johnson said, indicating he doubted Rohde would pay back all the losses restitution. "Getting at that money or cash is going to be hard to do."
Several witnesses also spoke on Rohde's behalf, including a Kingsley pastor and Rohde's mother and sister, telling the judge they believed Rohde was remorseful and would now act as a law-abiding citizen.
Rohde was originally arrested in May, charged with theft in the first degree for allegedly taking property belonging to Mauer-Johnson-Earnest Funeral Homes, Inc. "in an amount exceeding $10,000," a class C felony; tax evasion between the years of 2003 and 2007, a class D felony; and fraudulent practice for falsely filing tax returns in an amount exceeding $10,000 between the years 2003 and 2007, a class C felony.
The third felony charge was dropped in the August plea agreement, as long as Rohde complies with all of the agreement's conditions.
The charges arose after Dec. 13, 2007, when Johnson contacted the sheriff's office and reported missing funds from his business he shared with Rohde.
After investigation by the sheriff's office, the Plymouth County Attorney's Office and the Internal Revenue Service, Rohde was arrested and charged with the financial felonies.
Rohde had entered into a partnership with Johnson in early 2003, according to the sheriff's office. Under the Mauer-Johnson-Earnest Funeral Homes, Inc. corporation, Rohde was 35 percent owner of Rohde-Earnest Funeral Home in Kingsley and Earnest-Rohde Funeral Home in Marcus.
Their partnership ended in April 2007.
Note: The nature of the Internet makes it impractical for our staff to review every comment. If you feel that a comment is offensive, please
I can't even begin to tell how disappointed and dumbfounded I am at our court system in this county. They have to be either ignorant or just don't care. Its like they don't care as long as he isn't driving drunk, stealing political signs or putting pigs in a school then hes ok! I mean seriously NO JAIL TIME? The man has stolen over $175,000 dollars from someone and he gets 3 years probation????.. That's not even a slap on the wrist, that is looking the other way. Seriously, people walking home after the bars close and getting a public intox gets a worse punishment than Rohde got. I am soooooo disappointed in our court system right now its not even funny. I can't think of ONE good reason why this is a justified sentence. NOT ONE.
This is absolutely ridculous. Like Huskerfan wrote above, people have done a LOT less and gotten a much harsher sentence! Can you imagine how Mr. Johnson felt having to call those families demanding payment, and having them say, "I have already paid for my mothers funeral!" Then Mr. Johnson had to come up with the $$ to cover all the expenses that Rohde STOLE from the business! Not fair at all! At this point, I wouldn't care about getting the $$ back, I would want him in jail too! Does that judge REALLY think that a THIEF is going to actually pay the $$ back?? They need to liquidate all his assets then! That's Iowa "justice" for you! Good luck Mr. Johnson!
WHAT ARE YOU SERIOUS Dream_It??? How can he pay back the money when he is in prison? Well he does run a funeral home in Kingsley that is still running, he can sit in jail while his funeral home pays that money back. "Word on the street is that Johnson has done worse. He may not have stole any money from people but I sure don't trust him." I don't care what you heard about Mr. Johnson that is hear say!! Rohde admitted in court!! That is truth not hear say. That man should be in jail for what he did. If I robbed a bank and stole $175,000 I would be in jail and have to pay it back!! No doubt. This guy did rob a bank the bank of the buisness. He is a theif no matter how you flip it. And he deserves a punishment, not for our wonderful court system to look the other way and say "Don't do it again". This is completely and absolutely ridiculous.
Word on the street and fact are two different things. If Johnson has done wrong where are the charges and why did Rohde plead guilty if he is a victim himself? Be careful what you believe and who is spreading it.
I agree with the others. the legal system is a joke. Go ahead and do anything you want, handslaps are free.
I think it should have been half and half. Part of the sentence in jail and part of it digging for money to pay back. I hope the court keeps track of how much he has paid back and if he stops throw him in jail until he"gets" it and starts paying it back again. Look for funerals to go up Kingsley, you people that go to Rhode's funeral home. He is going to have to raise prices you know!
dream_it, have you ever heard of a little word called "libel?" It happens when someone prints something that is slanderous about someone else. I'm surprised the Sentinel would want to be a party to that kind of charge. And for what it's worth, I have worked with all the funeral directors in Le Mars and have found all of them to be honest and trustworthy. Mr. Johnson did my mother's funeral and did an excellent job.
I agree with Huskerfan. There was no justice here. The court system in Plymouth County has made itself a laughing stock. Too bad.
The one thing that holds true is that yes, it doesn't seem fair. However, consider that if he does go to jail we as taxpayers pay for him to watch tv, eat, get medication etc. Doesn't he do more good outside as long as he is serious about paying back the money? And I believe they can extend his probation as long as it takes him to pay back the money. I do believe they should give him an amount to pay back in the first year and if he doesn't meet it, put him in jail for a little while. It's the same with dead beat parents - sure they should have to pay for what they are ordered to, however, how are they going to pay anybody sitting in jail?
lemarstaxpayer just want to say it again since you didn't read my last post. you asked "how can he pay it back while sitting in jail?" Like I said before he has a funeral home up and running in Kingsley now. It would still be going if he was in jail. So his funeral home would pay for the restitution while he sits in a jail cell thinking about what he did. But now he gets to roam free like as if he did nothing wrong while he makes money and pays Johnson back. So what lesson did he learn? Nothing its like watching your child play in the streets and say "don't do that again" and go inside while the child goes right back in the street. Like the child Rohde learned no lesson here. Maybe we all learned a lesson. We learned that this is a complete joke and our court system is the punch line!!!!!
This guy is a thief. If he had walked into a bank and taken that money, you can bet he would be in jail. And how much is he really going to be able to pay back anyway?? I am sure he still has a house payment, maybe a car payment, lights, gas, water, credit cards to pay for himself. I mean, is it going to take him 35 years to pay this back?? It would be like having another house payment. I sure couldn't afford 2 big payments.
I say he should be IN JAIL. Thats where THIEFS belong!
And by the way, the judge in this case was a MORON! I mean "Rehabilitation"?? I thought that was for rapists and murderers?? You can't fix stupid and thats what this guy definately was....
"Huskerfan"
You truly have ALWAYS been my favorite on here! I enjoy reading your thoughts because you are cut throat and straight to the point! I respect that honesty!
I too am offended with what is going on in our court systems. This man is a THIEF he sits there with a smug grin on his face and acts as if his poop don't stink! He needs to learn a lesson and needs to be accountable for his actions just as if a child who stole an article of clothing from Wal-Mart or Candy they would be punished. Mr Rohde should be put in prison, his actions are what need to throw his Butt in prison.
I love how a big name/ business owner can get away with this and yet a small time person can write a bad check for allot less and serve allot more time!? Does that make since???
Plymouth County So Glad You Can Let Us Down Once Again!
Thank you justice system....the right thing was done...a man at 50 years old, with no previous criminal history and a young son at home this was an intellegent decision...as for huskerfan, the funeral home is NOT HIS...it is his in-law's funeral home...how would the Johnson's get a cent from his in-law's funeral home if Mr. Rohde was sitting in jail, they wouldn't...and most of you must not know that the amount is in dispute and will be in civil court soon.
well Highwayman I hope those 3 civil suits make you eat your words. Can't wait to hear about the outcome of them.
I'm not taking sides in this case, but after reading this article, a couple things come to mind. First off, calling those familys was probably not easy, but if your in a partnership with another individual, wouldn't you check with your partner about outstanding accounts recievables for all locations. Not monitoring your books for all locations over a three year period, poor management and poor accounting. With this conclusion, sounds to me that this was strictly a business corporation and not a friendship. I'm sure there are many things in this case that we are not aware of, but stealing from corporation is not good. However, stealing from your corporation, which he was a shareholder of, is very different that stealing from a person. This is a civil issue, not a criminal issue, therefore, the verdict, I feel, was the correct one. You don't know if he had to use this money to pay the taxes from his corporate earnings, it would be interesting to learn more. Enough for now
My sincere apologies. Didn't mean to totally upset anyone. I don't think it is possible for him to pay back money when he sits in prison, nor do I think it is right for myself, as a taxpayer to pay for him to sit in prison. Again, my apologies.
well big mama I'll sow down some crow if I have to.....and I would only expect you to do the same.=)
Another thing big mama...I've been reading your posts and it seems that you have a personal gruge against Mr. Rohde...my evidence -"Look for funerals to go up Kingsley, you people that go to Rhode's funeral home. He is going to have to raise prices you know!"- How would you know that is try, you probably don't...now it seems that only someone who wanted to try to hurt Mr. Rohde's place of employment would say that, correct me if I am wrong.
A great injustice took place on Sept. 2, 2008 by the judge suspending the 10 year sentence on Mark Rohde. However the judge may have been correct in saying that it would do no good to put Mr Rohde in prison because how would he make restitution to the Mauer-Johnson-Ernst Funeral homes. Yes it would of been nice to see Mr Rohde do some jail time but that would of just delayed him being able to pay back the money he stole. In a previous comment someone mentioned that Mr Rohde's in-laws have a funeral home in Kingsley that could pay back the money. Why should his in-laws have to pay for something their son-in-law did - they did no crime. Mr Rohde will have to work hard - very hard to pay back the money he stole. His family will have to suffer for many years because of this - but obviously his family was not on his mind when he was stealing the money. Did he not think that he would get caught. Joel Johnson is a very caring & compassionate man and for him to have to contact 37 families in one community to find out about payments for funerals must of been an extremely difficult thing for him. I think that Mark Rohde should have to meet with each of those 37 families and explain to them why he did what he did. It's one thing to steal from someone - but to steal from someone who has just buried a loved. Come on - how cruel & insensitive can Mr Rohde be - I would think twice about having him help me make funeral arrangements for my loved one. I hope that our justice system keeps a very close eye on Mark Rohde and makes him stick to his probation requirements and if he doesn't I pray that he will then have to serve his sentence, perhaps then there will be justice served for the Johnson funeral homes.
Once again, Mr. Rhode didn't steal from the families, he stole from his business partner. Mr. Johnson would have noticed a huge amount of money missing if he was keeping track of money, but obviously he wasn't doing a good job of that. Sorry he had to contact them families, I'd do more research on a business partner if my money wasn't there. It doesn't take a genious to figure that out. Many people who have lost loved ones aren't going to just not pay for a funeral, come on!
Dream_it....In case your IQ is Not above room temp, stealing is stealing. He may as well have stolen the money right out of their pockets. Those families were still affected because THEY were the ones getting the phone calls about their payments.
Imagine if your loved one died. I am sure you would not be in the best frame of mind. Then someone calls you about a 6 or 7 thousand dollar bill 2 years after the fact... It would be terrible to have to sit down and go back through your paper work to figure out if you paid that bill, how you paid it, getting the paper trail for proof. Not to mention your mind going back to that terrible time in your life. Re-living old memories of the death of your husband, wife, father, mother or child.
He stole from them. He caused many people grief and suffering.
Also, I find it interesting that you keep blaming his buisness partner for not keeping better records. The fact is, if Rohde was not STEALING, it wouldn't have been an issue. People are allowed to balance their books whenever they choose. There is no right or wrong in not keeping better track of your money. However, STEALING is wrong and that is FACT.
Mr. Johnson shouldn't of had to check his books. He was a partner in there firm. He trusted him (which I guess you can't trust anyone). I'm sure Rohde kept his own books since he was running the home in Kingsley. This is not Mr. Johnson fault this lays totally on Mr. Rohde. There is no way around it. No matter how you bend it, flip it or Slice it. Rohde is the theif not Mr. Johnson. He stole money, it doesn't matter from where what or whom HE STOLE MONEY THAT WASN'T HIS. He is a criminal I don't care how nice of a guy he is. Your defending a guy that openly said in court that I'm a theif. How can you defend that? HOW???? Its sad that you can't trust anyone anymore even a partner that makes money too off the business. I guess the reason why this upsets me is cause I know for a FACT that other people have done way less of a crime and got a worse punishment. And it makes me question how justice is suppose to be fair? I fully understand how the judge thinks that it would do no good to put him in Jail. But in my book he learned NO LESSON here. And it leaves a door for him to do it again! We need to close that door and lock it with a SKELETON KEY!!!!
MommyinIOWA before Mr. Johnson goes asking these people for money don't you think he would go back into his own books and look and see who paid what and who didn't. Obviously if he was doing record keeping correctly he would have noticed money missing right away and got straight to the cops then, instead of waiting and now saying that he stole all this money from families. Never once did I say that stealing wasn't right, I agree it is wrong, you can consider him a thief if you wish. But I don't think you should be blaming him for stealing from 37 families who lost loved ones. I realize they lost their loved ones and it is a sad time in one's life and you don't want to be brought back through it, trust me. So settle down, everyone is entitled to their own opinion and I don't think Mr. Rhode is a terrible person for taking money from his business partner. So whatever.
Well, Dream_it,, I hope you remember your own advice when something like this happens to you. Just "settle down".
Dream_it: Did you ever give consideration to the fact that Mr. Rohde was covering his tracks while he was stealing? Bookkeeping is only as good as it is reported. How else could they find out who has paid if they didn't contact those families? Many embezzelers mask the records to cover up their crime. Anyone that can steal from 37 families is smart enough to hide their theft.
By the way, nice apology. Don't you think the Johnson's deserve one too. After all, you did accuse them of stealing and not being "an angel".
Once again, I'm not siding with any party, but you all missing the situation, he didn't steel from families, so all you all that keep saying that he stole from families, you need to check you mental capicities. He stole from the corporation, this is civil issue,not a criminal issue. If Johnson was the majority shareholder in the corporation, that would make him the manager or CEO of the corporation. If you you were a good manager or CEO, is sure as hell shouldn't take you three years to figure that money was missing from the business. Like I said before, poor MANAGEMENT and POOR ACCOUNTINNG.
Here is a tidbit of information for the 2 people who keep repeating that Mr Johnson should have kept a closer eye on his books - you don't know the whole story and if you did perhaps you would stop blaming Joel Johnson for this whole thing. Banks & big corporations have money embezzeled from them all the time and I'm sure that they keep an eye on their records. The fact of the manner is that those who do the embezzeling "doctor" the books & lie about what is happening to the money they are taking. In no way is Joel Johnson to blame for not keeping an eye on the books. As for Mark Rohde stealing from those 37 families - no he did not physically steal from them - but when he took their payments & put the payments in his own personal account instead of the funeral homes - then yes he did steal from them because those families were paying the funerals of their loved ones - not to Mark Rohde's personal life. Let us not forget that Mark Rohde is a convicted crimminal - doesn't matter if he is locked up in jail or not. The thing we should remember is that he stole from his business partner and the state of Iowa. Enough said!!!!
Curious-N-NWIowa - you keep saying that you are not taking sides in this matter - sure seems to me that you are - but that is your own personal business. And for the records - anytime anyone embezzels money it is NOT a civil issue - it IS a crimmal issue - that's usually what CONVICTED FELONE means.
Trust. Faith. Accountability. Resposibility. Four words that I would not use in the same sentence as Mr. Rhode or the Plymouth County Judicial system. When you enter into a partnership you trust that partner to do their job. When you enter a courtroom you trust that justice will be served. Not the case here. You try to have faith in the people who you surround yourself with and in the fact that our laws are here to protect the victim as well as make sure that the criminal is treated fairly and gets the punishment that is earned. Not the case here. More often we see that the criminal has more rights than the victim. What happened to a person being held accountable for their actions. And what about the responsibility of the judge in making sure that the punishment is fair and just. When I was a small child I remember stealing a candybar. My mother took me to the jail and had an officer show me where people who steal go. I was taken back to the store and I had to tell the owner that I took his candy, had to give it back and appologize. Not to mention the trouble I was in when I got home! I learned my lesson well. Now I was only 4 but it is something that I will never forget. It is a lesson that I have tried to teach my children. Stealing is wrong no matter the amount and there should be consequeces for our actions. What bothers me most is that with there being no jail time is that now where is the deterant for someone else? What message are we sending? You can steal and not be held accountable for it. So, maybe we need to start holding our court system and our judges accountable and make them resposible for the actions of future theives and criminals!? Now, put yourself in Mr. Johnson's shoes. He trusted Mr. Rhode to do his job and look how he used that trust. Would you feel that justice was served? Was Rhode held accountable? Would you have faith in the court and how likely are you to trust again? The one thing that we all need to realize is that a crime was committed and it has gone unpunished. I would not call having to pay back what he stole a punishment, he is just paying back what he took. It doesn't matter who committed the crime and who it was against. Nor do the circumstances matter. A crime was committed and it has gone unpunished. That should bother everyone! Every buisness owner can now thank our court system should this happen to you.
Well I guess if your going to steal money, make sure you steal a lot so you will have to pay it back rather than go to jail!!
Know thats what we call logic!!!
Thank you LeMars Mom - you said it best - you should have been the judge in this case.