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Description: Billings, Montana criminal law lawyer represented defendant charged with multiple counts of wire fraud, bank fraud and aggravated identity theft.

Elizabeth Marie Stephenson, age 37, while working at an assisted living facility in Billings, Montana, took the debit card and PIN from a 96-year-old resident who requested she buy him a six-pack of beer. Stephenson did so, and then used the victim’s bank card twelve times to place funds—over $1,000—on the Telmate account of her boyfriend who was incarcerated in Idaho. Over the next month—and on 22 separate occasions—Stephenson took the card to an ATM and withdrew over $16,200 from the victim’s account, always in $700 increments. Stephenson also utilized the victim’s credit card to obtain thousands of dollars of criminal legal services for her boyfriend. All told, Stephenson caused a loss of over $21,000.00 to the elderly victim. The missing money was discovered by a relative who was serving as the victim’s Power of Attorney.

When questioned by law enforcement, Stephenson denied any involvement and claimed the victim never gave her his credit card. Stephenson maintained her innocence even when advised that her name had been entered in an attempted Cash App transaction on the victim’s phone. When Stephenson finally acknowledged she took the money, she claimed the victim gave her permission and that she always provided him with some of the funds she withdrew. Stephenson later conceded that the victim did not actually have the capacity to authorize the transfer of any funds to her.

When interviewed, the victim could not remember which employee he gave his card. After Stephenson’s theft was discovered, he only had $94 in his wallet.

Assistant U.S. Attorney Karla Painter prosecuted the case which was investigated by the United States Secret Service and the Billings Police Department.

Outcome: DEFENDANT SENTENCED IN THE INDICTMENT TO BOP FOR A TERM OF 8 MONTHS ON COUNTS 1 AND 6 to run concurrent; 24 MONTHS ON COUNT 11 to run consecutive to counts 1 and 6, SUPERVISED RELEASE OF 3 YEARS ON COUNT 1; 5 YEARS ON COUNT 6; AND 1 YEAR ON COUNT 11 all to run concurrent with standard and special conditions apply. Fine waived, special assessment 300.00. Restitution in the amount of 21,045.98.

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