Lawyers respond to McCarthy case

Following the arrest of former University Physics Prof. James S. McCarthy for embezzlement and telephone fraud Monday, McCarthy's lawyers, Francis McQ. Lawrence and Cheryl Higgins, released a statement in his defense.

The statement, dated Feb. 23, claims that "the University currently is seeking to terminate Dr. McCarthy."

But University Relations Director Louise Dudley said McCarthy's employment at the University ended Feb. 8.

"His last day of employment was Feb. 8, 1999," Dudley said. She refused to comment on why McCarthy's employment was terminated, or if he had been fired.

The letter states McCarthy "has commenced the grievance process to challenge the lawfulness of his termination by the University."

McCarthy turned himself in to University police Monday after they issued a warrant for his arrest, University Police Lt. Mike Abbott said.

But the letter from McCarthy's lawyers states that they are expecting two warrants to be issued in the future.

"The University has initiated criminal charges against Dr. McCarthy, which we understand will result in the service of two warrants for him in the near future," the letter states.

Lawrence declined to comment.

McCarthy is charged with misusing a corporate credit card for personal telephone calls totaling over $5,000, and with embezzling travel funds, Abbott said.

The statement claims the University made an additional complaint concerning international funds that were under McCarthy's control.

"McCarthy's termination and the expected charges against him have arisen within the context of a dispute about this international money and Dr. McCarthy's unwillingness to disregard the terms of the contracts surrounding these funds," the statement said.

But, McCarthy's arrest stemmed from the embezzlement and telephone fraud allegations, Abbott said.

"The two charges are the state charges--there have been no charges on the international money yet," he said.

According to the letter, McCarthy requested that the University conduct an investigation of "possible unauthorized expenditures."

The investigation lasted many months and led to the charges against McCarthy, Abbott said.

"Because of him bringing an issue to us, that led to an audit, and there were discrepancies found in accounts that he managed," he said.

The investigation is continuing, he added.

"It's an ongoing investigation," Abbott said. "It's a long ways from being over, and it involves a number of things."