21 January 2005 – LAWFUEL – The Law News Network – The United State…

21 January 2005 – LAWFUEL – The Law News Network – The United States Attorney’s Office has charged Kimberly S. Mayer of Santa Cruz with twelve counts of mail and wire fraud. Ms. Mayer was charged with embezzling over $700,000 from her employer, Mountain View-based Alza Corporation, over a five-year period.

According to the information, Ms. Mayer, 41, used her position within the company to steal over $700,000 from Alza by charging personal expenses to her corporate credit accounts. Among the expenses Ms. Mayer charged to her corporate credit account were: (1) building and hardware materials used to remodel her home in Santa Cruz, including windows, appliances, roofing materials, two garage doors, gravel, lumber, and fencing; (2) heavy equipment, including two tractors, a front-loader, post-hole digger, log-splitter, utility trailer, and manure spreader; (3) pet and animal supplies, including feed, medical supplies, and a horse trailer; (4) cosmetics and other beauty supplies; (5) propane delivered to her residence; and (6) other personal expenses, including gasoline, clothing, furniture, groceries, cell phone and Internet service, and Harris Ranch steaks Ms. Mayer sent to her father for Father’s Day.

According to the information, Ms. Mayer was able to avoid detection by using a variety of deceptive techniques, including forging her supervisor’s signature on monthly reconciliation documents submitted to Alza’s accounting department; failing to submit monthly reconciliation documents as required; and “cutting and pasting” transactions from her subordinates’ credit card statements to make the statements appear as if they were for Mayer’s own account. She also “structured” a number of her larger purchases, breaking them into smaller amounts so that the larger figure would not arouse suspicion.

Ms. Mayer made her initial appearance on January 20, 2005 before U.S. Magistrate Judge Howard R. Lloyd,, who ordered her released on a $25,000 personal recognizance bond. Ms. Mayer waived her right to be charged by an indictment returned by a grand jury, and agreed to be charged by an information filed by the United States Attorney. Ms. Mayer’s next court appearance will be on March 14, 2005, at 1:30 p.m., before U.S. District Judge James Ware.

The maximum statutory penalty for each count of mail and wire fraud in violation of Title 18, United States Code, Sections 1341 and 1343, respectively, is twenty years in prison and a fine of $250,000, plus restitution. Any sentence following conviction would take the Federal Sentencing Guidelines into consideration and would be imposed at the discretion of the court. An information only contains allegations against an individual and, as with all defendants, Ms. Mayer must be presumed innocent unless and until convicted.

The prosecution is the result of a one year investigation by Special Agent Janice Camillucci of the United States Secret Service. David Callaway is the Assistant United States Attorney who is prosecuting the case with the assistance of Legal Assistant Tracey Andersen.

A copy of this press release and related court filings may be found on the U.S. Attorney’s Office’s website at www.usdoj.gov/usao/can . Related court documents and information may be found on the U.S. District Court website at www.cand.uscourts.gov or on .

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