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Joseph F. Kilty, Mail Fraud, Rhode Island 2014

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Former Dealer Sentenced for $154,000 Sears Scam

Joseph F. Kilty, a 53-year-old man from Wakefield, Rhode Island, was sentenced to three years of probation for defrauding Sears Hometown and Outlet, Inc. out of $154,000. Kilty, a former authorized dealer of a Sears store in Middletown, Rhode Island, was also ordered to serve the first six months of his sentence in home confinement.

As part of his sentence, U.S. District Court Chief Judge William E. Smith also ordered Kilty to perform 300 hours of community service and to pay restitution to Sears in the amount of $139,989. Sears previously withheld a commission check due to Kilty in the amount of $14,131.

Kilty pleaded guilty on June 5, 2014, to one count of mail fraud. At the time of his guilty plea, Kilty admitted to the court that between January 2012 and June 2013, he failed to deposit $154,120 in cash receipts into a bank account he was required by Sears to establish and into which all store receipts were to have been deposited.

Instead, Kilty deposited the receipts into other personal bank accounts that he controlled. As part of the scheme, Kilty created false documents to make it appear that the deposits had been made, including 47 fraudulent deposit slips and several fake bank reconciliation forms.

Kilty also admitted to creating two counterfeit bank checks in the amounts of $99,000 and $28,319.75, made payable to Sears Hometown and Outlet, Inc. He provided the checks to a Sears district manager.

The matter was investigated by the U.S. Postal Inspection Service and the FBI. The case was prosecuted by Assistant U.S. Attorney Lee H. Vilker.

Kilty’s sentence brings an end to a lengthy investigation and prosecution. His actions had significant consequences for Sears and its customers.

The U.S. Attorney’s Office for the District of Rhode Island commended the U.S. Postal Inspection Service and the FBI for their work on the case.

Contact: 401-709-5357, USARI.Media@usdoj.gov

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