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Contact: Jim Cross
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Oct. 1, 2008

SALINA BANK CREDIT CARD MANAGER INDICTED ON EMBEZZLEMENT CHARGE

TOPEKA, KAN. – Kellie M. Schmitt, 35, Salina, Kan., is charged with one count of embezzlement and one count of unlawful use of a credit card, U.S. Attorney Eric Melgren announced today. The crimes are alleged to have occurred at various times from June 25, 2005, to May 30, 2007, in Saline County, Kan.

According to the indictment, while Schmitt was a credit card processing manager for Sunflower Bank in Salina, Kan., she embezzled approximately $122,000. She moved funds from an internal training account and dormant or closed accounts, created false account transactions and false cash advances, reversed finance charges, suppressed account statements and opened and utilized unauthorized credit card accounts.

If convicted, she faces a maximum penalty of 30 years in federal prison and a fine up to $1 million on the embezzlement charge and a maximum penalty of 10 years and a fine up to $250,000 on the credit card charge. The Federal Bureau of Investigation worked on the case. Assistant U.S. Attorney Christine Kenney is prosecuting.

OTHER INDICTMENTS

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

Chauncey L. Gaynor, 26, Wichita, Kan., is charged with one count of transporting stolen goods across state lines, three counts of wire fraud and one count of mail fraud. The crimes are alleged to have occurred at various times in 2005 and 2006.

Gaynor is charged in the superseding indictment along with Michael S. Wagner, 26, Hutchinson, who first was indicted in the case in December 2007 in connection with a series of burglaries at airports.

According to the superseding indictment, Michael Wagner was a private pilot working at a fixed based operator and Gaynor was a friend who was knowledgeable in the workings of computers. Wagner was arrested Jan. 22, 2006, after Lyon County Sheriff’s officers observed his car parked on a country road near Emporia Municipal Airport at a time when a burglary occurred at the airport. Investigators developed evidence that Wagner was involved in burglaries at airports in Kansas, Colorado, Oklahoma and Texas.

According to the superseding indictment, Gaynor assisted Wagner in establishing an eBay account and using it to sell stolen items and accompanied Wagner on some of the burglaries. The superseding indictment alleges Gaynor committed crimes in connection with:
– An August 2005 burglary at R.L. Jones Riverside Airport in Tulsa.
– Wire fraud during June and July 2005 involving the use of an eBay account for the sale of stolen property.
– Mail fraud during July 2005 involving the sale of stolen goods.
– A May 2005 burglary at Strother Field Airport in Winfield, Kan.

In the superseding indictment, Wagner is charged with three counts of transporting stolen goods across state lines, two counts of wire fraud and two counts of mail fraud. He is scheduled for trial Oct. 29, 2008.

Upon conviction, the alleged crimes carry the following penalties:

– Transporting stolen goods: A maximum penalty of 10 years and a fine up to $250,000 on each count.
– Wire fraud: A maximum penalty of 20 years and a fine up to $250,000.
– Mail fraud: A maximum penalty of 20 years and a fine up to $250,000.

The Federal Bureau of Investigation worked on the case. Assistant U.S. Attorney Tony Mattivi is prosecuting.

David Waweru Kihuha, 35, who is in custody in Coldwell County, Mo., is charged with two counts of failing to comply with an administrative order to depart from the United States. The crimes are alleged to have occurred in April and June 2008 in Butler County, Kan.

If convicted, he faces a maximum penalty of 4 years in federal prison and a fine up to $250,000 on each count. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Randy Hendershot is prosecuting.

Ivan Valencia, 22, who is in custody in Junction City, Kan., is charged with one count of possession with intent to distribute methamphetamine, and one count of unlawfully re-entering the United States after being deported. He was found Aug. 20, 2008 in Junction City, Kan.

If convicted, he faces a penalty of not less than 10 years and not more than life and a fine up to $4 million on the methamphetamine, and a maximum penalty of 2 years and a fine up to $250,000 on the immigration charge. The Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Duston Slinkard 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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