FOR IMMEDIATE RELEASE
Wednesday, February 27, 2008
KELLY FITZPATRICK KENNEDY ARRAIGNED AND PLEADS GUILTY IN U.S. FEDERAL COURT
Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Billings on February 27, 2008, before Senior U.S. District Judge Jack D. Shanstrom, KELLY FITZPATRICK KENNEDY, a 41-year-old resident of Billings, was arraigned and pled guilty to mail fraud and aggravated identity theft. Sentencing is set for June 4, 2008. She is currently detained.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
KENNEDY worked as an accounting clerk for Accounting and Tax by Stecher (ATS) in Billings. ATS kept books for the Billings Trap Club ("Club"). KENNEDY worked on that account reconciling bank accounts, preparing payroll, and preparing checks. The Board of the Club gave KENNEDY signature authority over its checking account.
Between February 6, 2007, and October 3, 2007, Club checks were written to KENNEDY, her creditors, a friend, her boyfriend and her new business totaling over $25,000. KENNEDY signed two of the checks, the rest were signed by the treasurer of the club. The Club did not authorize the checks.
On September 28, 2007, KENNEDY forged the treasurer's name on a check of the Club without the treasurer's consent.
The Club's books, kept by KENNEDY at ATS, were changed in some cases to possible legitimate vendors of the Club to conceal the checks to KENNEDY and to others on her behalf.
On September 27, 2007, KENNEDY mailed Verizon an envelope containing a check for $230.08 drawn on the Billings Trap Club's account.
KENNEDY faces possible penalties of 20 years in prison, a $250,000 fine and 5 years supervised release for mail fraud. In addition, KENNEDY faces an additional mandatory two year imprisonment, consecutive to any other sentence, for aggravated identity theft.
First Assistant U.S. Attorney Kurt G. Alme prosecuted the case for the United States.
The investigation was conducted by the Federal Bureau of Investigation.
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A copy of the Offer of Proof can be obtained by contacting Sally Frank at (406) 247-4638.
