Woman charged with using dead sister's disability funds

Sunday, January 14th 2001, 12:00 am

By: News On 6

TULSA, Okla. (AP) _ A Tulsa woman has been charged with illegally using $50,931 in Social Security disability funds meant for her stepsister who was murdered more than six years ago.

Assistant U.S. Attorney Kenneth Snoke said Elaine Marie Evans was arrested by federal agents on Thursday after she appeared in Tulsa County District Court on an unrelated matter.

According to a federal affidavit, Evans filed in 1989 to be the representative payee for Samantha Foiles, who was entitled to Social Security disability benefits. Evans was responsible for making sure all funds would be used for Foiles' benefit and to notify the Social Security Administration if Foiles died.

Beginning in November 1993, payments reportedly were directly deposited into a Norman bank account that Evans had opened. But court records show that Foiles was killed on July 20, 1994, by her boyfriend and that Evans, 50, was notified by the Norman Police Department of the killing the next day.

Authorities allege that instead of notifying the Social Security Administration, Evans allowed the funds meant for her sister to continue to accrue to the amount of $50,931 from Aug. 5, 1994, until Nov. 6, when the payments were finally stopped.

Evans apparently moved to Tulsa in October 1994 and allegedly made ``numerous withdrawals and check disbursements each month'' from the Norman bank account.

Evans could face as much as five years in prison if convicted.