DATE: June 18, 2015
CASE: Alan Lemke
PROSECUTOR: Deputy District Attorney Jeanne McCullough, Insurance Fraud Unit
District Attorney Anne Marie Schubert announced that former California Department of Corrections and Rehabilitation Officer Alan Lemke pled no contest to felony workers’ compensation insurance fraud.
Lemke was charged with failing to disclose his participation in events and activities that, had those events and activities been known, would have affected the benefits to which he was entitled. Lemke filed a workers’ compensation claim after allegedly injuring his foot while working in the prison. However, investigators in the Office of Internal Affairs, Workers’ Compensation Insurance Fraud Unit at the California Department of Corrections and Rehabilitation discovered Lemke failed to disclose that he engaged in a 50 mile hike over rugged terrain just three weeks after he reported being injured at work. In addition, investigators determined Lemke failed to disclose other activities, including rock climbing, snowshoeing, acting in two plays with multiple performances, and numerous extreme hikes in rugged mountainous terrain during the one year and two months he was off work collecting benefits. Lemke made video recordings and took photos of many of his hikes and other activities, which were discovered in his home when investigators served a search warrant.
Pursuant to the plea, Lemke will be placed on probation and ordered to serve 150 days in county jail, with the sheriff’s work furlough program recommended. Furthermore, he will be ordered to pay to the California Department Corrections and Rehabilitation and State Compensation Insurance Fund a stipulated restitution amount of $33,262.56, with an additional $10,453.68 in discretionary costs to be determined by the court at sentencing. If Lemke pays restitution in full, the charge will be reduced to a misdemeanor.
Sentencing is scheduled for July 17, 2015 in Department 45 before the Honorable Judy Herscher.
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