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Pechanga embezzler expects prison term

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FRENCH VALLEY -- Paul Del Vacchio has a pretty good idea he'll be headed off to state prison soon for embezzling nearly a half-million dollars from Pechanga Resort & Casino.

He accepts that. It's explaining it all over again to his young daughter that's going to be difficult.

The 40-year-old Murrieta man and former financial controller at the resort was scheduled to be sentenced Friday at Southwest Justice Center, but a legal holdup has delayed the inevitable until at least May 31.

In preparation for a sentence that could send him to prison for up to four years, Del Vacchio said he explained what was happening the best he could to his 8-year-old daughter.

"I told her Daddy did a bad thing," Del Vacchio said outside the courtroom Friday. "I told her Daddy's not coming home for a while."

Now, because of Friday's sentencing delay, Del Vacchio said his daughter will probably be a little confused when she sees him at home again.

"I'll just explain it to her all over again when (the sentencing) does happen," Del Vacchio said.

He faced about 21 years in prison had he gone to trial and been convicted. But because of a plea agreement, he faces a maximum of four years.

The sentencing was postponed after Deputy District Attorney Robert Harton told Judge James Warren there is further litigation needed regarding a home in Winchester. Harton told the judge there is some question about the assets Del Vacchio has in that property and, therefore, how much further restitution Del Vacchio can make from that home.

Warren said he believes that when he sentences Del Vacchio, he would lose jurisdiction over any further restitution. Since he scheduled another date for a hearing about the Winchester home, that indicates the judge is not going to grant Del Vacchio probation with no prison time.

Del Vacchio said he was hoping for some leniency from the judge, but is prepared for the worst.

"Now I know it's going to be state prison," he said after the hearing. "It's extraordinarily frustrating that there still isn't any closure."

At Friday's hearing, defense attorney John Pozza called Suzanne Pike, a clinical psychologist, to testify about gambling addictions. Pike founded and runs the San Diego Center for Pathological Gambling, which she said is the only such facility in the state.

Pike told Warren that she evaluated Del Vacchio personally and through other doctor's reports last month, determining him to "very clearly" be a pathological gambler. She called him an "action gambler" who does so because of the rush and excitement it gives them.

Pike told the judge that pathological gambling is a mental disorder and falls into the category of being "an impulse control disorder."

She testified that Del Vacchio would be at risk for many years to a possible relapse. But, she added, as long as he stays in a program addressing his addiction, "the chances of his gambling again are slim."

At the end of the hearing, Warren said almost everyone who comes in front of him suffers from some sort of disorder.

"It isn't the addiction we are punishing," he said. "A lot of people are addicted to gambling (and) don't steal anything."

The judge added that many of those sentenced for crimes are punished for one single mistake, and he cited the example of someone who drinks, then gets behind the wheel of a car and kills someone.

In Del Vacchio's case, Warren said, there were "unquestionably multiple violations." Harton, the prosecutor, said there were 494 separate incidents of Del Vacchio embezzling money over a 22-month period.

Warren said he believes Pike's testimony that Del Vacchio is a compulsive gambler. "If he wants to keep gambling, that's fine," the judge said. "But it's not legal for him to take his employer's money. He's here because he's a thief. … That's the bottom line."

Outside the courtroom, Del Vacchio said the judge was right: "I did steal. And when you steal, you get punished."

The prosecutor told the judge that Del Vacchio's crimes were of "a sinister nature" showing the planning and sophistication of someone who wasn't just suffering from a gambling addiction.

Harton said this case is being closely watched through the media and Del Vacchio's sentence needs to send a message "that if you engage in embezzlement, you will be sent to state prison."

During Friday's hearing, Del Vacchio apologized to his former employer, co-workers and mostly his family.

"I am truly, truly sorry for those actions. I need to apologize to my wife and family for putting them through this horrible ordeal," he said.

His embezzlement "perpetuated a fantasy life of being a gambler," he told the judge.

"A year ago, I found I could get help for this lifelong addiction," Del Vacchio said.

Del Vacchio's sponsor in Gambler's Anonymous, Kenneth Smith, told the judge how well Del Vacchio is doing in the program.

"We talk or e-mail every single day," Smith said, adding that he estimates Del Vacchio has attended 250 Gamblers Anonymous meetings this year.

Motioning to the several dozen people in the courtroom, Smith pointed out to the judge that "Paul has a great support system."

Del Vacchio's mother and wife were among those in the courtroom. Phyliss McCarthy, his mother, told Warren that "none of us knew" he was living a secret life of gambling.

"Probably the best thing that ever happened to him was that he got caught," she said, calling that "a positive catalyst" in her son's life.

Del Vacchio held his emotions pretty well together until his wife of 13 years spoke to the judge. He then held a hand to his eyes and used a handkerchief to wipe away tears.

"He has earned my love, my trust, my support by working his program through Gamblers Anonymous," Monica Del Vacchio told Warren. "I'm proud to be his wife."

Contact staff writer John Hall at (951) 676-4315, Ext. 2628, or jhall@californian.com.

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