Tuesday, April 26, 2005
Ind. Decisions - Ex-state official’s prison term set aside
Well, this is somewhat embassassing. I summarized this 7th Circuit ruling on the appeal of a decision by Judge Sarah Evans Barker yesterday, without realizing that the defendant-appellant Walter Kevin Scott was the Scott who had worked for the Indiana Public Employees' Retirement Fund. As reported in this AP story just posted on the Indianapolis Star website:
A federal appeals court set aside a former state pension fund official’s 10-year prison term on fraud-related charges and ordered a judge to reconsider the sentence.
Attorneys for Walter Kevin Scott argued that he was sentenced illegally because U.S. District Judge Sarah Evans Barker misinterpreted federal sentencing guidelines.
The 7th Circuit Court of Appeals in Chicago on Monday said it was unlikely that Scott would have received a lesser sentence since Barker had sentenced him at the upper range of penalties, but it ordered Barker to resentence him to remove any doubt.
Scott, 38, was sentenced in December 2003 to 10 years in prison and ordered to repay about $1.3 million on charges that he embezzled money while working for Cook Inc. of Bloomington and used another person’s Social Security number in applying for a job as chief benefits officer of the $10 billion Public Employees’ Retirement Fund.
Scott resigned from the pension fund position in 2002 after state officials learned he had used identity information of a person with a similar name to pass a criminal background check. He had a previous conviction in Ohio on charges of fraud and identity theft, authorities said.