A Gardnerville Ranchos woman accused of embezzling $60,000 from a 62-year-old stroke victim is set to plead guilty to exploitation of the elderly with most of the money still missing.
Kathy Silveira, 44, and her husband, Larry Neil Silveira, 52, appeared before East Fork Justice Jim EnEarl on Wednesday.
He released the couple, each jailed on $100,000 bail, on their own recognizance and forbid them to contact each other or the victim.
Larry Silveira was ordered to remain in a Reno half-way house where he is serving nine months probation for making false statements before a federal grand jury in Boston on an unrelated case.
Kathy Silveira waived her right to a preliminary hearing and is to enter a plea April 4 in District Court before Judge Dave Gamble.
Prosecutor Mike McCormick objected to the release because he said only $5,000 has been accounted for and he viewed the Silveiras as flight risks.
"She cooperated with investigators somewhat but hasn't told us where the rest is. We've recovered $5,000," McCormick said.
EnEarl asked Kathy Silveira a series of questions about the money but stopped short of asking her if she could say where it was.
"The notion that she has some $50,000 in a sock drawer some where is not very likely," said her lawyer, Tod Young.
Young said it was his experience in representing other clients accused of embezzlement or theft that they spend the money as soon as they obtain it.
The Silveiras were accused of making withdrawals from the victim's banking and other financial accounts over the past three years.
She answered, "No, sir," to EnEarl's questions whether she had any assets, property or hidden bank accounts from the embezzled funds.
"Would you tell me if you did?" EnEarl asked.
"Yes, sir," Silveira answered. "The money should go back to her (the victim)."
Kathy Silveira also denied she had gambling or drug problems.
EnEarl rescheduled a hearing for Larry Silveira on March 29 when his lawyer will be present.
Larry Silveira is accused of theft.
Kathy Silveira was accused of exploitation of the elderly, embezzlement and theft.
If she pleads guilty to exploitation of the elderly, she faces 2 to 10 years in prison instead of 20 years.
She also has agreed to make restitution which may be between $60,000-$75,000.
Kathy Silveira was hired as a caregiver by the victim whose brother contacted authorities when he noticed large sums of money missing from her accounts.
