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MADISON - Kimberly Bagley, 30, of Cedarburg, was found guilty of identity theft in a case the Wisconsin Department of Justice (DOJ) brought against her for abusing the debit cards of an infirm couple in her care. Bagley faces a maximum of 12 years of imprisonment and $20,000 in fines.
She appeared before Ozaukee County Circuit Court Judge Joseph D. McCormack on June 6, 2007, and entered guilty pleas to two felony counts of Unauthorized Use of an Individual's Personal Identifying Information. A third count was dismissed and read in for sentencing purposes.
"Caregivers for the elderly and other vulnerable individuals are in positions of trust and are expected to protect the interests of those individuals, not steal from them," Attorney General J.B. Van Hollen said. "The Department of Justice is dedicated to continuing to fight the serious problem of identity theft on a variety of fronts - violations committed against senior citizens chief among them."
According to the DOJ criminal complaint, Bagley was employed by Luther Manor Corporation and was assigned to work at River Oaks Assisted Living and Nursing Home in Mequon, Wisconsin. In 2006, Bagley was a caregiver to a pair of residents who are husband and wife. The wife suffers from Advanced Alzheimer's and the husband has limited mobility and uses a wheelchair. Bagley was given permission by the resident to use his debit card in order to make purchases and run errands for him and his wife. Bagley was also given permission by the resident to use the debit card to purchase gas for her own vehicle once a month. Over the course of several months in 2006, the resident began to see excessive misuse of his debit card account by Bagley and charges on his Visa credit card, which Bagley had never been given permission to use.
Upon questioning Bagley stated that she "over-stepped the boundaries" in the use of the debit card. The debit card and Visa credit card were used by Bagley to make purchases and obtain services including: Antivirus Software from Symantec Corporation, Cellular Phone services from Verizon Cellular Wireless and monthly credit reports from Privacy Matters - Credit Reporting Company.
Sentencing is scheduled for August 7, 2007. The case was investigated by the Medicaid Fraud Control Unit and was prosecuted by Assistant Attorney General Eric DГfort.