According to the Ms. O'Kelly acted as a graphics design budget coordinator for Apple, the Cupertino-based company, in 2002 and 2003. During that time frame, the indictment alleges that defendant defrauded Apple by ordering approximately $120,000 of digital photography equipment from vendors on Apple's account without authorization, then reselling that equipment for her personal benefit on eBay.  Following the auctions on eBay, Ms. O'Kelly shipped the photography equipment, which included high-end digital camcorders and cameras made by Canon and Nikon, to winning bidders around the country.

An indictment simply contains allegations against an individual and, as with all defendants, Ms. O'Kelly must be presumed innocent unless and until convicted.

The maximum statutory penalty for each count of mail and wire fraud in violation of 18 U.S.C. §§ 1341 and 1343 is twenty years imprisonment and a fine of $250,000 plus restitution.  The maximum statutory penalty for the count in violation of 18 U.S.C. § 2314 is ten years imprisonment and a fine of $250,000 plus restitution.

Ms. O'Kelly is not in custody and is scheduled to make an initial appearance on January 8, 2004 at 9:30 a.m. before United States Magistrate Judge Patricia V. Trumbull in San Jose.

The investigation was overseen by the Computer Hacking and Intellectual Property (CHIP) Unit of the United States Attorney's Office. Assistant U.S. Attorney Shashi Kewalramani from the CHIP unit is prosecuting the case.