Former Timeless Treasures owner enters plea to 10 counts of embezzlement
A former San Luis Obispo consignment store owner was arraigned Wednesday morning on embezzlement charges filed earlier this month, with her lawyer Patrick Fisher pleading not guilty to all counts on her behalf.
The San Luis Obispo District Attorney’s Office charged Andrea Bowen-Gardner with 10 counts of embezzlement on Feb. 2, according to court documents. At least 58 people reported to the office that Bowen-Gardner did not pay them for items they consigned with her at Timeless Treasures, the consignment shop she ran for about three years on Broad Street across from the airport.
The 51-year-old from Arroyo Grande is alleged to have sold the items between December 2018 and June 2019, including at an auction in May 2019.
One of her former customers who spoke with the Tribune alleged the items they lost were valued at around $50,000.
Fisher previously told the Tribune that Bowen-Gardner “vehemently denies” the allegations and accused the District Attorney’s Office of engaging in political prosecution. The District Attorney’s Office denies this allegation.
Bowen-Gardner faces previous charges for money-related crimes
In addition to the 10 counts of embezzlement, Bowen-Gardner has also pleaded not guilty to additional charges related to allegedly writing bad checks — one misdemeanor charge filed in April 2019 and two felony charges filed in July 2019 — relating to her business practices at the consignment store.
According to the April 2019 charges, Bowen-Gardner allegedly wrote a check to Frederickson Hamilton LLP, a law office in San Luis Obispo, in December 2018 “with intent to defraud,” knowing she did not have sufficient funds to cover it.
David Hamilton, a lawyer with the group, told the Tribune his firm was representing Bowen-Gardner during her store’s eviction case when the bad check was allegedly written.
The July 2019 charges allege that Bowen-Gardner knowingly wrote multiple checks with insufficient funds to Michelle Fleming and Kevin Rock between April and May of 2019.
In an interview with the Tribune, Rock said he was one of Bowen-Gardner’s initial silent-partner investors when she opened Timeless Treasures in 2016.
Rock said he has tried to get the money he is owed through small claims lawsuits, and is also part of a federal civil lawsuit filed by multiple people who claim to have been defrauded by Bowen-Gardner and are objecting to her 2019 bankruptcy filing. The lawsuit is pending litigation.
The Tribune has identified seven other lawsuits filed against Bowen-Gardner, her husband Phil Gardner, or Timeless Treasures between 2016 and 2019. They involve allegations of non-payment, bounced checks and breach of contract relating to the consignment business.
In total, Bowen-Gardner was ordered to pay more than $27,000 to those who sued her, but it is unclear if the payments were made.
Bowen-Gardner was evicted from her shop in May 2019 after she failed to pay rent.
What’s next in the case
Bowen-Gardner is expected to be tried for the 10 embezzlement charges and the charges relating to bad checks.
Pre-preliminary hearings for all cases are scheduled for April 13, and preliminary hearings are scheduled for May 2. Deputy District Attorney Mike Frye will be prosecuting the case.
