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Description: Miami, Florida criminal lawyer represented Defendant charged with stealing nearly $300,000 from two seniors by accessing their bank accounts while employed as their caretaker.

From 2016 to 2019, Smith worked as a caretaker for an elderly couple in Broward County. As part of her duties, Smith had access to the victims’ bank accounts to assist them with paying their monthly bills. Smith used her access to the victims’ finances to embezzle approximately $300,000 out of the victims’ accounts without their knowledge or consent. She accomplished this by writing and forging the victim’s signature on checks made payable to herself, her family members, and her creditors; initiating Zelle electronic money transfers from the victims’ accounts to her own bank account; and making electronic payments from the victims’ accounts to her and her husband’s numerous credit card accounts.

In addition to sentencing Smith to prison and supervised release terms, the judge entered a forfeiture money judgment in the amount of $288,865.92 and ordered Smith to pay $168,895.92 in restitution. United District Judge Thomas P. Barber, of the Middle District of Florida, presided over this Southern District of Florida case.

Juan Antonio Gonzalez, United States Attorney for the Southern District of Florida, and Robert M. DeWitt, Acting Special Agent in Charge, FBI Miami, made the announcement.

FBI Miami investigated the case. Assistant U.S. Attorney Diana M. Acosta prosecuted it. Assistant U.S. Attorney Emily Stone is handling asset forfeiture.

BANK FRAUD

FRAUD WITH IDENTIFICATION DOCUMENTS

Outcome: 08/26/2022 64 PAPERLESS Minute Entry for proceedings held before District Judge Thomas P Barber: Sentencing held on 8/26/2022 as to Sherri Lynn Smith. Defendant sworn. Imprisonment, total term of fifty-one (51) months. This term consists of twenty-seven (27) months as to count 3, and twenty-four (24) months as to each of counts 19 and 20, to be served concurrently to the term of imprisonment imposed as to count 3. To be followed by a term of supervised release, for a total term of four (4) years. This term consists of four (4) years as to count 3, and one (1) year as to each of counts 19 and 20, all such terms to run concurrently. Restitution amount ordered is: $168, 865.92. Court recommends the Defendant be designated to a facility in Florida. Defendant shall surrender on or before December 1, 2022 to the U.S. Marshals of this District or to the institution designated by the Bureau of Prisons . Defendant advised of right to appeal. Total time in court: 45 minutes. Attorney Appearance(s): Diana Margarita Acosta, AUSA; Christopher Desrochers, Esq Nicole Garcia, USPO. Court Reporter: Diane Miller, 772-467-2337 / Diane_Miller@flsd.uscourts.gov. (mno) Modified text to include restitution amount on 8/29/2022 (mno). (Entered: 08/29/2022)

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