Former Juneau real estate agent ordered to pay back stolen $28K, apologizes

Rosalinda Ainza reads a letter of apology during her sentencing hearing Jan. 25, 2018 in Juneau Superior Court.
Rosalinda Ainza reads a letter of apology during her sentencing hearing Jan. 25, 2018, in Juneau Superior Court. (Photo by Matt Miller/KTOO)

A Juneau woman reported to jail on Friday for stealing money intended for her employer and his clients.

Rosalinda Ainza, 35, was convicted of theft last November of  stealing approximately $28,000 from her former employer.

From December 2014 until June 2015, Ainza worked as a property manager for Coldwell Banker Race Realty.

“I know my apologies to Race Realty won’t ever undo my actions,” Ainza said. “But I need you to know that I deeply sorry for my actions. And, also the damage that I’ve caused.”

The stolen money was part of the firm’s property management trust account that was used to deposit tenants’ rent money and then pay out property management expenses.

Ainza also spent money from the account for clothes, trips down south and tickets to the Coachella Valley Music and Arts Festival, among some of the items.

During the sentencing hearing Jan. 25, Superior Court Judge Louis Menendez said he was skeptical that Ainza was truly remorseful for her actions.

“I am not totally convinced that you understand the dynamics of what you did,” Menendez said. “You stole from people who trusted you. You stole from your friends. You stole a lot of money. And I do I believe, in fact, what happened in that event, it was one thing after the other and you just got out of control.”

Defense attorney Nicholas Polasky speaks to Juneau Superior Court Judge Louis Menendez during Rosalinda Ainza's sentencing hearing Jan. 25, 2018. (Photo by Matt Miller/KTOO)
Defense attorney Nicholas Polasky speaks to Juneau Superior Court Judge Louis Menendez during Rosalinda Ainza’s sentencing hearing Jan. 25, 2018. (Photo by Matt Miller/KTOO)

Menendez sentenced Ainza to 90 days in jail and five years on probation.

Ainza must make restitution to Coldwell Banker Race Realty and perform 100 hours of community work service.

With what he said was “great hesitation,” Menendez imposed a suspended imposition of sentence, or SIS, that is different from a normal conviction of record. If Ainza successfully completes her five year probation, then the conviction may be removed from her publicly viewable record on CourtView. But it’s still part of her criminal history.

Ainza’s Alaska Permanent Fund dividends will be garnished.

She must get permission from her probation officer before working in jobs that require handling of checks, credit cards or cash.

She must also notify all future employers of her theft conviction.

Assistant District Attorney Amy Paige recalled her own experience in Juneau renting for $2,100 a month for nearly two decades.

“If I had found out that the person I was giving my rent check to every month was putting that in their personal account, I would be nothing short of offended and horrified because you work so hard,” Paige said. “Housing is the number one expense in the community of Juneau. Housing is so expensive in this town that people – it is cost prohibitive and people move because they can’t afford to rent in this town.”

Paige said it was hard to believe anything that Ainza had to say. She noted Ainza wasn’t remorseful at trial and, instead, laid blame at her employer.

Paige called for a tougher sentence.

Mike Race of Coldwell Banker Race Realty said Ainza likely committed over 27 instances of theft. Ainza’s case is now a lesson, he said, part of the continuing education for professional licensing of Alaska Realtors.

“This will be referred to, and its consequences will go before all of the licensees – approximately 2000 in the state – as what will happen if you violate the public trust that we, as professionals, have sworn to uphold,” Race said.

Race said Ainza’s theft three years ago still affects him personally and professionally, as longtime clients have left.

Defense attorney Nicholas Polasky asked for a delay when Ainza could report to jail so that he could submit an application for electronic monitoring.

Ainza would wear an electronic ankle bracelet in which she could serve her sentence outside of jail, but her freedoms and movements would still be monitored and restricted.

Since sentencing on Jan. 25, Polasky filed several motions asking for a delay in Ainza’s reporting date so that she could complete classes at University of Alaska Southeast this semester. But she elected to withdraw Jan. 26, the last day that she could do so without paying full tuition costs and spending grants and scholarships.

Polasky said Ainza reported to Lemon Creek Correctional Center on Feb. 2.

(Editor’s note: This story has been updated. An earlier version of this story omitted the CourtView reference and noted that Polasky could not be reached for comment after the sentencing hearing.)

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