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Press Release

U.S. Department of Justice
United States Attorney
District of Hawaii


PJKK Federal Building (808) 541-2850
300 Ala Moana Blvd., Room 6-100 FAX (808) 541-2958
Honolulu, Hawaii 96850

For Immediate Release

Contact: Larry Butrick

November 30, 2007

 

HONOLULU, HAWAII - United States Attorney for the District Of Hawaii, Edward H. Kubo, Jr., announced today that a former Hawaii resident, MARILYN P. DeMOTTA, 41, formerly of Ewa Beach but now living in Las Vegas, Nevada, was indicted by a federal grand jury on November 15, 2007, on charges of Bank Fraud, Theft of Public Funds, and Embezzlement by an employee of a federally insured bank.

At the time of the offenses charged in the Indictment, DeMOTTA was an Assistant Manager of the Hawaii Kai branch of American Savings Bank. The indictment alleges that DeMOTTA became involved in the personal financial affairs of a bank customer, referred to in the indictment as "A.L.," and used her position with American Savings Bank to access the accounts of "A.L." and move funds belonging to "A.L." into other accounts at American Savings Bank as well as other financial institutions.

The Indictment charges that DeMOTTA used a variety of financial transactions to redirect "A.L.'s" funds into accounts which DeMOTTA controlled at American Savings Bank and other financial institutions. The Indictment also alleges that DeMOTTA altered the checks belonging to "A.L.", substituting identity information of a relative of DeMOTTA in whose name she had opened an account at American Savings Bank into which the funds from the altered checks were deposited. The Indictment also alleges that DeMOTTA falsely endorsed the reverse side of the cashier's checks as "refunded to customer" which were to be used for "A.L.'s" payment of federal and state tax.

DeMOTTA is charged with four counts of bank fraud, four counts of embezzlement by a bank employee, and two counts of theft of public funds.

DeMOTTA faces maximum terms of imprisonment of up to 30 years in custody and a $1,000,000 fine on each count of bank fraud and embezzlement, up to 10 years and a $250,000 fine on each count of theft of public funds.

The matter remains under investigation by the Federal Bureau of Investigation, and the Department of Treasury, Office of Inspector General for Tax Administration, and is being prosecuted by Assistant United States Attorney William L. Shipley.

United States Attorney Kubo cautioned that an indictment is merely an accusation, and that defendants are presumed innocent unless and until proven guilty.

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