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Contact: Jim Cross
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FAX:      316-269-6420

         Aug. 7, 2008

EMPORIA MANUFACTURER’S CFO EMBEZZLED $2.6 MILLION, INDICTMENT SAYS

TOPEKA, KAN. – The former chief financial officer of Vektek Inc. has been indicted along with his wife on charges of embezzling more than $2.6 million from the Emporia-based manufacturer, U.S. Attorney Eric Melgren announced Wednesday.

James W. Foremsky, 61, Topeka, Kan., and Susan A. Foremsky, 56, Topeka, Kan., were charged with one count of conspiracy to commit crimes including bank fraud, wire fraud and money laundering. The crimes are alleged to have occurred at various times from 2002 through 2007 in Lyon County, Kan. and elsewhere.

According to the indictment, from June 1995 to Nov. 8, 2007, James W. Foremsky was the chief financial officer of Vektek, located at 1334 E. 6th Ave. in Emporia, Kan. During that time, he had control over all of Vektek’s finances, including the company’s bank accounts.

Foremsky unlawfully withdrew funds from the company’s accounts in order to maintain a lavish lifestyle for himself and his family including:
– Expensive vacations
– Bar tabs
– Meals
– New vehicles
– Mortgage payments
– A hobby maintaining and showing jumping horses

According to the indictment, he altered internal checkbook spreadsheets and moved funds between accounts in an attempt to cover up the thefts. The indictment seeks the forfeiture of $2,646,554 in proceeds allegedly derived from the crime.

If convicted, the defendants face a maximum penalty of 30 years in federal prison and a fine up to $1 million. The Federal Bureau of Investigation worked on the case. Assistant U.S. Attorney Richard Hathaway is prosecuting.

OTHER INDICTMENTS


A federal grand jury meeting Wednesday in Topeka also returned the following indictments:

Jonathan Farley, 25, Oswego, Kan., was charged in a superseding indictment with one count of possession of stolen explosive materials. Already charged in the case are co-defendants Darrell E. Cook and Shane A. Knoffloch. The crime is alleged to have occurred in June 2008 in Sedgwick County, Kan.

In a criminal complaint filed in July, Farley was identified as a guard working for a private security firm at Hallowell Manufacturing, an explosives manufacturer in Columbus, Kan. According to an agent’s affidavit, Farley allowed unauthorized persons, including Cook, onto the property, resulting in the theft of explosives materials.

Investigators from the Bureau of Alcohol, Tobacco, Firearms and Explosives recovered explosives materials including a 3-foot-long, 25-pound explosives chub and detonating cord.

“The ATF’s primary concern in this type of investigation is the quick recovery of the explosives so as to protect the public’s safety,” said ATF Special Agent in Charge Mike Boxler.

If convicted, Farley faces a maximum penalty of 10 years and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Wichita Police Department Bomb Squad and the Kansas State Fire Marshal investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.

Jose J. Gurrola-Herrera, 18, a citizen of Mexico, is charged with one count of using false documents to be employed in the United States, three counts of aggravated identity theft, one count of making a false statement on an I-9 Employment Eligibility Verification form, and one count of aiding the production of a false identification document. The crimes are alleged to have occurred Aug. 3, 2006, in Sedgwick County, Kan.

Upon conviction, the crimes carry the following penalties:
Possession and use of false documents: A maximum penalty of 10 years in federal prison without parole and a fine up to $250,000.
Aggravated identity theft: A mandatory 2 years to run consecutively with other penalties.
Making a false written statement: A maximum penalty of 5 years without parole and a fine up to $250,000.
Production of a false identification document: A maximum penalty of 15 years without parole and a fine up to $250,000.

Immigration and Customs Enforcement investigated. Assistant .S. Attorney Brent Anderson is prosecuting.

Cayetano Estrada-Estrada, a citizen of Mexico, is charged with unlawfully re-entering the United States after being convicted of an aggravated felony and deported. He was found July 1, 2008, in Butler County, Kan.

If convicted, he faces a maximum penalty of 20 years in federal prison without parole and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Miguel A. Aguirre-Barreras, a citizen of Mexico, is charged with one count of unlawfully re-entering the United States after being convicted of a felony and deported. He was found May 27, 2008, in Dodge City, Kan.

If convicted, he faces a maximum penalty of 10 years in federal prison without parole and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Pedro Morones-Chaves, a citizen of Mexico, is charged with one count of unlawfully re-entering the United States after being convicted of an aggravated felony and deported. He was found July 29, 2008, in Sedgwick County, Kan.

If convicted, he faces a maximum penalty of 20 years in federal prison without parole and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Ignacio Lopez-Cibrian, 48, is charged with unlawfully re-entering the United States after being deported. He was found July 22, 2008, in Wyandotte County, Kan.

If convicted, he faces a maximum penalty of 2 years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Scott Rask is prosecuting.

As in any criminal case, a person is presumed innocent until and unless proven guilty. The indictments filed merely contain allegations of criminal conduct.

 

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