February 18, 2008

FORMER EMPLOYEES OF INDIAN HEALTH CENTER INDICTED FOR EMBEZZLEMENT

FRESNO—United States Attorney McGregor W. Scott announced today that a federal grand jury returned indictments charging SHARON KAY HOSELEY, 54, currently living in Kuna, Idaho, and BELINDA G. HEARN, 41, currently living in New Albany, Mississippi, with two counts of embezzlement in connection with schemes to defraud the Tule River Indian Health Center, Inc., in Porterville, California. SHARON KAY HOSELEY was the former fiscal Officer of the Tule River Indian Health Center, and BELINDA G. HEARN was its bookkeeper.

This case is the product of an extensive joint investigation by the Federal Bureau of Investigation and the U.S. Department of Health and Human Services.

According to Assistant United States Attorney Mark J. McKeon, who is prosecuting the case, the indictments allege that HOSELEY and HEARN used their employment positions to embezzle thousands of dollars from the Tule River Indian Health Center. They did this by receiving checks and cash for petty cash reimbursements, travel reimbursements, and extra payroll and vacation payments to which they were not entitled. In addition, the indictment against HOSELEY alleges that she used a corporate credit card to make personal purchases. According to the indictments, HOSELEY embezzled approximately $86,271, and HEARN embezzled approximately $27,725.

The maximum statutory penalty for theft from a program receiving federal funds is 10 years imprisonment, a three-year term of supervised release, a $250,000 fine, and a $100 special assessment. The maximum statutory penalty for embezzlement from an Indian Tribal Organization is five years imprisonment, a three-year term of supervised release, a $250,000 fine, and a $100 special assessment. The actual sentence, however, will be determined at the discretion of the court after consideration of the Federal Sentencing Guidelines, which take into account a number of variables and any applicable statutory sentencing factors.

The charges are only allegations and the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

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For more information on federal criminal defense law, contact the Law Offices of Joseph Shemaria of Los Angeles, California.