Office of the Attorney General
Attorney General Conway Announces Conviction of Former Fulton County Utility Clerk in "Check-Lapping" Scheme

Attorney General Conway today announced the conviction of a former clerk at the Fulton Electric System in the theft of more than $81,100 as part of "check-lapping" scheme.

A Fulton Circuit Court jury convicted 40-year-old Jennifer Renee Bivens, a mother of five from Dukedom, Tn., on July 12, 2011 on a lesser charge of theft by unlawful taking over $500 but under $10,000, a Class D felony. The jury recommended that Bivens be sentenced to one year in prison.

Bivens' conviction is the result of an investigation by General Conway's Department of Criminal Investigations (DCI). The prosecution of this case was handled by the office of Mike Stacy, Commonwealth's Attorney for the 1st Judicial Circuit.

"I would like to thank the Commonwealth's Attorney's office for their successful prosecution of this case," General Conway said. "I also appreciate my DCI investigators whose tireless efforts have made communities across Kentucky safer for our families."

The Attorney General's office began its investigation in December of 2009 at the request of Commonwealth's Attorney Mike Stacy after an audit identified $81,137 in missing funds from the Fulton Electric System. The investigation found that Bivens utilized a "check-lapping" scheme where she took money from her cash drawer on a certain date and utilized checks from a later date to cover the missing cash.

Bivens was indicted on Aug. 12, 2010 on one count of theft by unlawful taking over $10,000, a Class C felony which carries up to ten years in prison. Bivens was ordered to report to the Fulton County Detention Center while she awaits formal sentencing on Aug. 11.