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The Associated Press July 27, 2010, 1:49PM ET

W.Va. couple indicted over missing pension funds

A Grant County couple has been indicted on charges they stole more than $38,000 intended for their employees' pension plans, U.S. Attorney Betsy Jividen announced Tuesday.

The indictment by a federal grand jury in Martinsburg includes the proposed seizure of any assets that Cabins residents Byron and Stephanie Goldizen may have secured with the money. It also demands a monetary judgment of $38,321.

The Goldizens ran Petersburg-based Bryco Bore and Pipe Inc. until last year, when they shut it down and filed for bankruptcy. Prosecutors say they diverted pension funds from January 2007 through December 2008.

If convicted, the Goldizens face up to five years in prison and $250,000 in fines.

The U.S. Department of Labor sued the Goldizens in March over the pension fund thefts and won an award in June when they failed to respond. The award was for the same amount of money cited in the indictment.

The Goldizens' bankruptcy case was closed in May, despite the objections of First United Bank, which claimed it's owed more than $837,000. First United accused the Goldizens of working with others to hide their assets so they couldn't be sold to satisfy debts.

The Goldizens' attorney, Brian McAuliffe, did not immediately return a telephone message.


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