Kimberly Ann Heil Smith, 43, of Grand Marais has been charged with eight counts of theft by false representation, having allegedly written $100,969.90 in unauthorized checks during her tenure as treasurer of local real estate firm, Gunflint Realty.
The charges were made following a call on January 14, 2009 to Cook County Law Enforcement by Tim Kennedy, broker for Gunflint Realty, reporting discrepancies in accounting at the firm which was founded in 2003 by Heil Smith, Kennedy and Vickie Wenz. Kennedy told sheriff deputies that company rules required signatures of two owners for all checks, but it had been discovered that Heil Smith had written and cashed numerous checks without following that procedure.
Kennedy said the discovery was made when Gunflint Realty was contacted by the North Shore Federal Credit Union because it was behind in its mortgage payments. Kennedy and Wenz reviewed the company’s credit union records and found a discrepancy in the company trust account of $16,859.17. Further review led to charges of other unauthorized checks written from January 2004 – December 2007.
According to the law enforcement report, Kennedy and Wenz approached Smith to see if she was interested in “working this out.” Heil Smith no longer works at Gunflint Realty.
The maximum penalty for three of the eight counts (for $2,500 or less) is five years incarceration and/or $10,000. For the remaining counts ($2,501 or more) the maximum penalty is ten years incarceration. Heil Smith, represented by Attorney Mitch Costley, next appears in court at 1:15 p.m. on September 9.
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