Jury Finds Enid Man Guilty of Defrauding His Employer’s Customers Out of More Than $200,000

May 3, 2010 - OKLAHOMA CITY, OK—Late yesterday, a jury found ANDREW PAUL WEAVER, 37, of Enid, Oklahoma, guilty of 19 counts of wire fraud in a scheme to defraud his employer’s customers out of more than $200,000, announced Sanford C. Coats, United States Attorney for the Western District of Oklahoma.

Weaver was employed by the Ben E. Keith food service distribution company as a sales representative from October of 1996 through March of 2007. Ben E. Keith distributes food-service products such as frozen foods, meats, dry groceries, paper goods, and equipment to restaurants, hospitals, schools, nursing homes, and other institutional businesses throughout Oklahoma. As a sales representative, Weaver was responsible for placing food and product orders for the customers in his area of responsibility.

Evidence at trial showed that Weaver devised a scheme to defraud La Fiesta, a customer of Ben E. Keith. Under this scheme, Weaver ordered food items and restaurant supplies under the name of La Fiesta, that La Fiesta did not authorize or request, and charged the La Fiesta account for the items. Evidence showed that after the order was placed, Weaver personally picked up the items at the Ben E. Keith distribution center and would then sell those items to several other customers and keep the money for his own personal use. La Fiesta paid the account without knowing that the items had been ordered but not delivered to its restaurant. Through this scheme, evidence showed that La Fiesta was billed over $200,000 for food-service items it did not receive and that Weaver sold those goods pocketing the money for his personal use.

Weaver was indicted by a federal grand jury on January 4, 2010. The trial last about three days. The jury deliberated approximately three hours before finding Weaver guilty on all 19 counts of wire fraud. At sentencing, Weaver faces up to 20 years in federal prison and a fine up to $250,000. A sentencing hearing will be set in approximately 90 days.

These charges are the result of an investigation conducted by the Federal Bureau of Investigation and was prosecuted by Assistant U.S. Attorney Vicki Zemp Behenna.