More than three years ago, then-South Weber Councilman William Michael Poff was charged with embezzling more than $200,000 from a Bountiful assisted living facility.

But Poff resolved the case this month in an unusual way. He entered into a secret diversion agreement — an agreement that is not public, but which led to the dismissal of three charges of communications fraud, each second-degree felony count punishable by up to 15 years in prison.

Poff, now 44, was accused of stealing money from Welcome Home Assisted Living from 2008 to 2010, according to charging documents filed in 2014.

The case dragged on in 2nd District Court, with court dates continued and rescheduled up to the Dec. 15 dismissal.

Deputy Davis County Attorney Rick Westmoreland said Thursday that a private settlement in a criminal case “was probably a little bit outside the norm.”

But he said it was “something we all thought was in the best interest” of everyone, including the alleged victims in the case. Because the deal was sealed by the court, the prosecutor declined to say whether Poff was required to pay restitution.

Poff’s defense attorney, Angela Elmore, declined to comment about the settlement.

Diversion agreements, in which a defendant consents to terms and conditions in exchange for charges being dismissed, are fairly common in Utah. But the court records are generally considered public information, said attorney Jeff Hunt, who specializes in records-access issues — and for good reason. The public has a strong interest in knowing how criminal cases are resolved, Hunt said, especially those in which an elected official is accused of wrongdoing.

“Without access to the diversion agreement, the public is left totally in the dark, regarding how the criminal charges were resolved,” Hunt said Thursday, “including the scope of the alleged embezzlement of funds, whether restitution was paid and, if so, how much.”

Poff had been a member of the South Weber City Council since 2012 and continued in the position after criminal charges were filed against him. He did not run for re-election in 2017, according to the city’s website.

Prosecutors had accused Poff of taking out several credit cards in his name while employed at the assisted living home, then charging several thousand dollars to the cards. He then used proceeds from the business to pay off the credit card debt, charges allege.

Poff also took out several credit cards in the name of the business, with himself as signatory, charges state. He then allegedly made charges on the cards that were for his personal use.

He also took several thousand dollars from the business and deposited the money into his personal bank accounts for personal use, according to charges.

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