Ivy Academia Founders Sentenced to Jail

One of the founders of the Ivy Academia charter school in Woodland Hills was sentenced Friday to nearly five years in prison for embezzlement and money laundering, while his wife was handed a jail term and ordered to perform community service.

Los Angeles Superior Court Judge Stephen Marcus denied the defense's request for a probationary sentence for Yevgeny "Eugene" Selivanov, 41, who was convicted April 5.

"Frankly, I think he should be ashamed that he took these actions," the judge said. "... He's using this school as an ATM machine."

Selivanov's wife, Tatyana Berkovich, 36, was convicted of one count of embezzlement by a public or private officer for using the school's American Express credit card to make unauthorized purchases.

The judge sentenced Berkovich to 45 days in county jail and ordered her to perform 320 hours of community service and five years on probation.

The judge agreed to allow her to surrender some time early next year to begin serving her jail term.

Selivanov and Berkovich -- who are no longer employed by the school -- are due back in court Nov. 15 for a restitution hearing.

Prosecutors are expected to announce then whether they will seek to retry Selivanov on seven counts of misappropriation of public funds and Berkovich on two counts of misappropriation of public funds. The two were convicted on those charges, but the judge agreed to the defense's motion for a new trial on those counts.

The prosecution could also appeal the judge's decision to grant a new trial on those charges.

Five other misdemeanor counts on which Berkovich had been convicted were dismissed at the prosecution's request.

Deputy District Attorney Dana Aratani called on the judge to impose a "substantial" sentence, citing "the level of trust involved."

"This is a courtroom. This is a room of justice. There is 5½ weeks of detailed testimony ... that supported these counts," the prosecutor said.

Selivanov -- who was sentenced on six counts of embezzlement by a public or private officer, two counts of money laundering and 10 counts of filing false tax returns -- told the judge, "If you believe that I deserve to be in jail for what I've done, then so be it."

But he asked Marcus not to sentence his wife to time behind bars.

Berkovich implored the judge not to take her away from her three children and to "let me pay my debt to society without leaving them."

Berkovich's attorney, Nina Marino, said, "I think the judge was thoughtful in his sentence and Ms. Berkovich is grateful to go home to her children. I'm considering all appellate options."

Selivanov's attorney, Jeffrey Rutherford, said after the hearing, "We are saddened by today's sentence and do not believe it was warranted. We intend to appeal the jury's verdict, as well as the sentence imposed today. We will continue to fight this case on appeal. We maintain that this prosecution is driven by a fundamental misunderstanding of charter schools and how they operate."

The courtroom was packed with supporters of the couple, and dozens of letters were sent to the judge on their behalf.

The Los Angeles Unified School District's Office of the Inspector General began an audit of the school in June 2006. The case was referred to the LAUSD's Office of Investigations in August 2006, then in May 2008 to the District Attorney's Public Integrity Division, which filed the case in June 2010.

The School also has facilities in Winnetka and West Hills. It formerly had a campus in Chatsworth.

-- City News Service