Bank Fraud--Make-a-Wish Foundation

The former finance director of Atlanta’s local chapter of the Make-a-Wish Foundation has been indicted on 18 counts of bank fraud and two counts of aggravated identity theft amid allegations that he embezzled more than $92,000 from the charity.^[1]

According to Assistant US Attorney, Bjay Pak, Joseph Garrison created false applicants using the names of former families who had already been paid.^[2] He had the former CEO of the Foundation, Diane Valek, sign the checks, and he then deposited the checks into his own account.^[3] In one instance, he allegedly used his wife’s maiden name and forged Ms. Valek’s signature himself.^[4] At least 18 of the checks cleared, and it is believed there may be more.^[5]

Bank Fraud
Bank fraud is one of the most harshly penalized federal crimes a person can commit in the United States. Under 18 U.S.C. § 1344, it is a crime to knowingly execute a scheme or artifice to defraud a financial institution^[6] or to obtain—by fraudulent pretenses—any money controlled by a financial institution.^[7]

The penalty for violating section 1344 is a fine of up to $1 million, imprisonment for up to 30 years, or both.^[8]

Aggravated Identity Theft
There are a large number of statutes that cover identity theft.^[9] The statute that is most likely at issue in this case is 18 U.S.C. § 1028A. Section 1028A states that any person who violates 18 U.S.C. § 1344 (among other statutes) using a means of identification of another person, will be sentenced to an additional two years of imprisonment in addition to the prison term imposed under section 1344.^[10]

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[1] See Errin Haines, Former Make-a-Wish Foundation Officer Accused of Stealing $92,000, Associated Press, Sept. 7, 2005, available here; see also Bill Rankin, Former Make-a-Wish Employee Indicted, Atlanta Journal-Constitution, Sept. 7, 2005, available here.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] 18 U.S.C. § 1344(1).
[7] Id. § 1344(2).
[8] Id. § 1344.
[9] See, e.g., 18 U.S.C. §§ 1028, 1028A (not readily available online), 1029, 1546, and 1708.
[10] 18 U.S.C. § 1028A(a)(1).