After stealing from a prominent Marana cattle stockyard for four years, a longtime friend of the stockyard鈥檚 owners was sentenced Tuesday to five years in federal prison and ordered to pay $3 million in restitution.
Seth Nichols, 29, was accused of doctoring financial records at the Marana Stockyards and Livestock Market while working as the office manager, often sitting next to the victims of his fraud who he said in court had treated him 鈥渓ike a son.鈥 Nichols pleaded guilty in February to federal bank fraud in U.S. District Court in 蜜柚直播.
At Tuesday鈥檚 hearing, six members of Marana鈥檚 Parsons family, which has owned the stockyard for more than 25 years, described the impact of Nichols鈥 betrayal to Judge Cindy K. Jorgenson. She then sentenced Nichols to the maximum prison term allowed under his plea agreement.
Nichols 鈥渃ompletely took advantage鈥 of his relationship with the Parsons and abused their trust, Jorgenson said.
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鈥淭his, to me, was clearly an elaborate scheme鈥 to steal from the Parsons, Jorgenson said, noting Nichols 鈥渄idn鈥檛 stop this behavior until he was caught.鈥
Nichols was caught in August 2017 when the Parsons family discovered the stockyard鈥檚 bank accounts were missing $1.3 million. The stockyard鈥檚 line of credit, which is used to quickly settle accounts at weekly cattle auctions, was drawn down inexplicably by nearly $2 million, as the 蜜柚直播 reported Sept. 2.
Fraudulent bank records implicated Nichols, who Clay Parsons, co-owner of the stockyard and a well-known rodeo cowboy, had hired in June 2013 to run the stockyard鈥檚 day-to-day business. Nichols admitted to using his position to exploit the stockyard鈥檚 transaction system at the auctions, according to the plea agreement.
Nichols manipulated the stockyard鈥檚 line of credit to buy cattle at the auctions on behalf of the Nichols Cattle Co., which then sold the cattle elsewhere without reimbursing the stockyard. Nichols also admitted to sending stockyard funds directly to his family鈥檚 company.
He covered up the fraud by faking wire payments and financial records to make Parsons and his bankers believe the stockyard had plenty of cash and a full line of credit, according to the plea agreement.
鈥楾hat鈥檚 just the way it is, Clay鈥
When it came time for Clay Parsons to speak to Jorgenson at Tuesday鈥檚 hearing, he placed his cowboy hat in front of him, gripped the sides of the podium and lowered his head.
As about 50 of his family鈥檚 supporters and 10 members of the Nichols family waited, he paused and then raised his head to address Jorgenson.
鈥淚 never would have believed he would have done this to us,鈥 Clay said of Nichols.
鈥淚鈥檓 a cattleman. I do things on trust. I鈥檝e never been a wheeler-dealer. I just worked hard.鈥
After nearly wrecking their business, Nichols had shown no remorse and instead forced the Parsons family to 鈥減lay defense,鈥 Parsons said.
For more than a year, his family had been subjected to 鈥渉earsay鈥 in Marana, Parsons said. 鈥淚鈥檝e heard it鈥檚 just a big mess. That it鈥檚 a misunderstanding. I鈥檝e heard that it鈥檚 my fault.鈥
The rumor that he was to blame for the fraud was 鈥渢he most terrible statement I鈥檝e ever heard,鈥 Parsons said.
The last time Parsons spoke with Nichols was in August 2017, shortly after Parsons鈥 children, who worked at the stockyards, found checks Nichols had written to his family鈥檚 cattle company using funds from the stockyards, Parsons said.
Parsons called Nichols鈥 father, Donald Hugh Nichols, who was indicted in August in connection with the fraud, and asked about the checks. The elder Nichols passed the phone to Seth, Parsons said.
鈥淭he last thing I heard from Seth was, 鈥楾hat鈥檚 just the way it is, Clay鈥 and hung up,鈥 Parsons told Jorgenson.
鈥淚 would have done anything for them,鈥 Parsons said in a raised voice.
With regard to the stolen money, 鈥渨e don鈥檛 know where it went,鈥 Parsons said to Jorgenson.
鈥淏ut you can deliver justice,鈥 he said. 鈥淎nd justice, for me, your honor, is significant prison time.鈥
Jorgenson said some of the money was spent on a 鈥渧ery lavish lifestyle鈥 that included partial ownership of a helicopter and 鈥済ambling trips to Las Vegas.鈥
That lifestyle stood out to Karen Parsons, who said she and her husband, Clay, sometimes wondered how the Nichols鈥 did it.
鈥淲e couldn鈥檛 afford what they afforded,鈥 Karen Parsons told Jorgenson.
As it turned out, the Nichols鈥 lifestyle was 鈥渇alse,鈥 she said.
Nichols twisted the family鈥檚 longstanding friendship to 鈥済ain access to all our weaknesses,鈥 she said, such as her and Clay鈥檚 lack of understanding of the internet and office technology.
The stockyards鈥 finances are in ruins and she had to borrow money, including from friends and relatives, she said.
鈥淣ext year, everything we make will have to go to pay people back just to stay in business,鈥 she said.
鈥淲e have no retirement anymore,鈥 Karen Parsons said. 鈥淲e have a hole. He dug a hole for us.鈥
Nichols apologized to the Parsons family and told Jorgenson the fraud happened because he was 鈥渙verwhelmed鈥 while working at the stockyards.
鈥淚 did wrong to the Parsons and their business,鈥 Nichols said.
He said he has learned from his experiences and lamented the loss of his friendship with the Parsons, particularly Clay Buck Parsons, son of Clay and Karen Parsons.
鈥淚 wish we could still have a friendship, but I also understand it鈥檚 not possible,鈥 Nichols said.
Federal prosecutor Michael Jette cast doubt on the sincerity of Nichols鈥 remorse, including a legal claim filed in Pima County Superior Court against properties the Nichols鈥 had agreed to turn over to the Parsons.
鈥淗e juked and ducked and obfuscated about what he did,鈥 Jette said, noting Nichols had the 鈥渁udacity鈥 to say in court documents that 鈥渉is family was being treated badly.鈥
At the end of Tuesday鈥檚 hearing, Nichols was led out of the courtroom in handcuffs by U.S. marshals.
His father, Donald Hugh Nichols, was indicted in August on bank fraud charges in connection with $1.6 million of allegedly fraudulent cattle sales at the stockyard鈥檚 auctions.
His trial in federal court in 蜜柚直播 is scheduled to start in late February.
Contact reporter Curt Prendergast at 573-4224 or cprendergast@tucson.com or on Twitter @Curt蜜柚直播Star