Nogales Woman Sentenced to 46 Months in Prison for Defrauding Employer

TUCSON, AZ—On April 8, 2013, Rosa Maria Gutierrez, 55, of Nogales, Arizona, was sentenced by U.S. District Judge David C. Bury to 46 months in prison. Gutierrez pleaded guilty on November 28, 2012, to 25 counts of wire fraud.

Gutierrez worked for Chamberlain Group Inc. from December 2005 through March 2011. Chamberlain Group Inc., headquartered in Elmhurst, Illinois, is a manufacturer of residential and commercial door operators, access control products, and gate operators. Gutierrez worked at both the Nogales, Sonora and Nogales, Arizona. facilities that assembled access control products. In 2004, Gutierrez was promoted to the position of Accounts Payable supervisor. She was one of two employees who were authorized to create a vendor account from which vendors were paid. Gutierrez misused her position to create a false vendor account and fraudulently billed Chamberlain for fictitious services and goods. In fact, the money was paid directly to her bank account, and no services were performed. She submitted 105 false claims for $1,260,930.60 before her crimes were detected.

After Gutierrez completes her prison term, she will be monitored on supervised release for 36 months. She was ordered to pay restitution totaling $ 1,862,254.41, of which $663,953.81 is to be paid to Chamberlain Group Inc. for her theft and the costs of the internal investigation. Gutierrez was ordered to make restitution of $1,198,300.60 to American Insurance Company, Chamberlain’s insurance carrier. Judge Bury ordered forfeiture of $1,260,930.60. Gutierrez will be prohibited from occupations in which she has access to other people’s money. Gutierrez was taken into custody immediately following the sentencing hearing.

The investigation in this case was conducted by the Federal Bureau of Investigation. The prosecution is being handled by Sandra M. Hansen, Assistant U.S. Attorney, District of Arizona, Tucson.