Judge accepts McKinnys guilty plea deal in unemployment fraud case

ASHEVILLE, N.C.— U.S. District Magistrate Judge Carlton W. Metcalf accepted Diane McKinnys guilty plea deal Friday in an unemployment fraud case.

Count One:
18 U.S.C. S 2
(a) Whoever commits an offense against the United States or aids, abets, counsels,
commands, induces or procures its commission, is punishable as a principal.
(b) Whoever willfully causes an act to be done which if directly performed by him or
another would be an offense against the United States, is punishable as a principal.
18 U.S.C. S 287
Whoever makes or presents to any person or officer in the civil, military, or naval service
of the United States, or to any department or agency thereof, any claim upon or against the
United States, or any department or agency thereof, knowing such claim to be false,
fictitious, or fraudulent, shall be imprisoned not more than five years and shall be subject
to a fine in the amount provided in this title.
Elements:
l That you made and presented a false, fictitious, or fraudulent claim upon and against
the United States;
That you knew at the time that the claim was false, fictitious, or fraudulent;
That the claim was material; and
That you did all such acts knowingly, intentionally, willingly, and unlawfully.
Penalties:
I am also required by law to advise you concerning the maximum and minimum penalties
prescribed by law for such an offense.

The maximum possible penalty for such offense is a term of imprisonment of not
more than 5 years, a fine not to exceed $250,000, or both, a term of supervised release of
not more than 3 years, and a $100 special assessment.

As part of a plea agreement deal, McKinny admitted to a count of making one fraudulent claim for unemployment benefits. A sentencing hearing will be scheduled in the next month or two.

McKinny turned down a Presentence Interview and Defendant Documentation with the U.S. PROBATION OFFICE -WESTERN DISTRICT OF NORTH CAROLINA.

McKinny did not benefit personally from the fraud as she didn’t file a claim for herself.

“Her primary motivation appears to have been loyalty to her employer, rather than personal pecuniary gain,” prosecutors wrote.`