SAN FRANCISCO – LAWFUEL – Law News, Law Jobs Network – United States Attorney Kevin V. Ryan announced that a federal grand jury in San Francisco yesterday indicted James Winzler, of Brentwood, Calif., with embezzling approximately $107,000 from the GKO & Associates 401(k) Savings and Profit Sharing Plan. These charges are the result of an investigation by the Department of Labor.
A summons has been issued for Mr. Winzler to make his initial appearance on January 25, 2007, at 9:30 a.m. before Magistrate Judge James Larson in San Francisco.
The maximum statutory penalty for a count of theft from an employee benefit plan, in violation of 18 U.S.C. § 664, is 5 years and a fine of $250,000 plus restitution. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
An indictment contains only allegations against an individual and, as with all defendants, Mr. Winzler must be presumed innocent unless and until proven guilty.
Robin Harris is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Ana Guerra.
A copy of this press release may be found on the U.S. Attorney’s Office’s website at www.usdoj.gov/usao/can.
Electronic court filings and further procedural and docket information are available at https://ecf.cand.uscourts.gov/cgi-bin/login.pl.
Judges’ calendars with schedules for upcoming court hearings can be viewed on the court’s website at www.cand.uscourts.gov.
All press inquiries to the U.S. Attorney’s Office should be directed to Luke Macaulay at (415) 436-6757 or by email at [email protected]