People v. Eastburn

Arnold Sutherland, an 83-year-old man, ran a home-based business under the name Sutherland and Associates. In 2006, Sutherland hired Travis Eastburn (plaintiff). Eastburn was Sutherland’s sole employee and was responsible for reconciling all business expenses in the business checking account and preparing business checks for Sutherland’s signature. The business checking account statements identified the account holder as Sutherland. Sutherland fired Eastburn after only six weeks for poor performance. Sutherland then hired Katharine Rogers. When Rogers attempted to reconcile the business expenses against the business checking account, Rogers discovered that Eastburn had taken nearly $23,000 from the business checking account by forging Sutherland’s signature on checks Eastburn made out to himself. The forged checks contained notations stating either “bonus for new account” or “commission for sales.” However, Sutherland had not paid Eastburn any commissions and had only given Eastburn one $50 bonus during Eastburn’s six-week employment. The business account from which Eastburn stole the $23,000 contained Sutherland’s entire life savings. The State of California (defendant) charged Eastburn with forgery from an elder adult. Eastburn countered, arguing that Sutherland authorized the checks but failed to provide proof beyond testimony from his own fiancée and mother. The jury found Eastburn’s argument unconvincing and convicted Eastburn. Eastburn appealed, arguing that the jury could not convict him of forgery from an elder adult, which carried a higher penalty than regular forgery, because he did not know his victim was Sutherland, an elderly adult, rather than Sutherland and Associates, a business.