Judge Rejects Probation Sentence in Fraud Case

A judge Tuesday refused to accept the guilty plea of a man accused of selling worthless cremation policies to at least 88 elderly people in Ventura County and possibly many others throughout the state.

Judge Art Gutierrez had agreed at an earlier court date to sentence Irwin Karp, 63, to probation in exchange for his guilty plea--a sentence Gutierrez believed would allow the Santa Ana man to work and try to repay the more than $90,000 he owes Ventura County victims.

But after listening to a series of victims last week speak about how cheated they felt and hearing a detective and a representative from the California Department of Consumer Affairs testify Tuesday on Karp’s alleged deceptive practices, Gutierrez said he could no longer approve probation.

“The court’s not sure it can honor its commitment of probation,” began Gutierrez, pausing a moment before adding, “The court cannot honor the commitment of probation. I’m sure this is a prison case.”

Gutierrez then allowed Karp a chance to withdraw his plea instead of having the judge proceed with sentencing. A withdrawn plea would mean the case would progress to a jury trial. If convicted, Karp could face five years in prison, Deputy Dist. Atty. Audry Rohn said.

Karp has until Monday to make a decision.

Karp’s attorney, Craig Robinson, refused to comment on the case outside court.

Rohn said the judge’s decision was completely unexpected.

“It was a pleasant surprise,” she said.

Rohn added she would like to see Karp pay back his victims, but said she was not convinced that would happen even if Karp were out of prison.

“[Probation] assumes he could ever have paid them back,” Rohn said. “But he had five years to pay back his victims since the close of his business, and he hasn’t. . . . I’m not sure he ever would have.”

Sitting in the courtroom as the judge announced his decision were two of Karp’s victims, Almira and Elmer Fontes of Camarillo.

Almira Fontes said she discovered the policy she had purchased for $1,049 was no good after her husband’s brother and sister-in-law died. They each had purchased policies from Karp, and both turned out to be worthless when it came time to cash them in, Fontes said.

The Fonteses said they would rather see Karp in prison than outside working off his debt.

“Elation,” said Almira Fontes, describing how she felt about the judge’s decision. “I was very pleased.”

The money was supposed to be placed into a trust account to earn interest and eventually pay for cremations, authorities said.

As far as what happened to the money, Rohn said, “We don’t know. But the money is gone, gone, gone. We don’t know if it was ever placed in a trust.”