PEORIA, Ill. – Senior U.S. District Judge Michael M. Mihm
has sentenced a former Bloomington, Ill., man, Timothy J. Herman, 59, currently
of Mesa, Ariz., to 6 ½ years (78 months) in prison for defrauding an elderly
woman of more than $500,000. Herman was ordered to pay restitution in the
amount of $509,325, and, at the conclusion of the sentencing hearing, on Nov.
15, 2019, was taken into custody by the U.S. Marshals Service for transfer to
the Bureau of Prisons. Herman will remain on supervised release for five years
following his release from incarceration.
Following a bench trial in March 2019, Herman was convicted
of engaging in the fraud scheme from 2013 to December 2017, and making false
statements to federal agents. Herman, who befriended the elderly victim through
her church, offered the victim an investment opportunity which he falsely
represented as safe and more profitable than what could be earned from banks.
However, instead of investing the funds, Herman used the victim’s money to make
mortgage payments on his home which was about to be foreclosed, to pay bank
loans, take cruises and to live beyond his means.
In addition, Herman was convicted for making materially
false statements about his conduct to law enforcement officers with the Federal
Bureau of Investigation and the U.S. Postal Inspection Service when he was
interviewed in December 2017.
Herman also defrauded a Minneapolis marketing company which
waived $149,000 in restitution. Herman’s company, Delta Direct, worked with the
marketing company to manage a rewards program for Republic Services, a waste
hauler based in Arizona. Republic Services deposited $300,000 to an account
controlled by Herman. With the initial $300,000 deposit, Herman began
embezzling funds; upon discovery of his embezzlement, he continued to steal
funds from the account until he was removed from the business.
Supervisory Assistant U.S. Attorney Darilynn Knauss led the
prosecution, joined by Assistant U.S. Attorneys Katherine Legge and Douglas
McMeyer. The case was investigated by the Federal Bureau of Investigation and
the U.S. Postal Inspection Service.
Each year, more than 13% of older Americans become victims of
financial fraud, resulting in losses of more than $3 billion annually to
financial scams. As soon as a suspicious or fraudulent transfer of funds is
detected, immediately contact your financial institution, which may be able to
stop payment on the transfer. If you or someone you know has been the victim of
elder fraud, contact your local police department. Visit
https://www.justice.gov/elderjustice to learn more about the Department of
Justice’s Elder Justice Initiative.
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