Indictments against state insurance commissioner, assistant replaced

Thursday, March 4th 2004, 12:00 am

By: News On 6

OKLAHOMA CITY (AP) _ Multicounty grand jury indictments against Oklahoma Insurance Commissioner Carroll Fisher and his top assistant have been replaced with criminal charges.

The legal move by state prosecutors on Wednesday was routine and done to prevent defense attorneys from challenging the panel and its actions.

Fisher and Opal Ellis are charged with embezzling money raised in connection with an insurance education program and operating a charity illegally.

Ellis also is charged with embezzling money by taking a 10 percent personal cut of all department vending machine proceeds.

Ellis' potential punishment increased under the replacement charges because she was convicted in 1995 of a federal charge of misapplication of bank funds.

The penalty for embezzlement ranges from one to 20 years without a felony conviction, but increases to two years to life with a felony record.

The potential penalty for counts related to the illegal operation of a charity also increase for Ellis because of the prior felony conviction.