FOR IMMEDIATE RELEASE	CONTACT: Lauren Horwood
February 3, 2011	PHONE: (916) 554-2706
www.usdoj.gov/usao/cae	usacae.edcapress@usdoj.gov
Docket #: 1:11-cr-00060 LJO

FRESNO, Calif. — United States Attorney Benjamin B. Wagner announced today that a federal grand jury in Fresno returned a one-count indictment charging James Alva Kirkpatrick, 59, of Turlock, with theft of more than $174,000 in disability funds.

The indictment alleges that Kirkpatrick began receiving Social Security Disability Insurance benefits in 1992 for a back injury. As a recipient of disability insurance benefits, Kirkpatrick was required to report any change in his employment status. According to the indictment, beginning in 2000, Kirkpatrick had been working approximately 40 hours per week for North Valley Appraisal, a company owned by the defendant and his wife. Kirkpatrick did not report his employment and continued to receive disability benefits, based on his false representations that he was unable to work because of his disability.

Kirkpatrick is scheduled to appear on March 2, 2011 at 1:30 p.m. for his initial appearance before United States Magistrate Judge Dennis L. Beck.

The maximum statutory penalty for the theft of government property charge is 10 years in prison, a $250,000 fine and up to three years of supervised release. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

The case is the product of an investigation by the United States Social Security Administration-Office of the Inspector General. Assistant United States Attorney Michele Thielhorn is prosecuting the case.

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