Modesto’s Boyett Petroleum sues former employee, alleging she stole $1M over 5 years
Boyett Petroleum — a homegrown Modesto business since 1940 — is suing its former marketing director, alleging she used her company American Express card to make $1 million in unauthorized purchases from approximately April 2018 when she was hired until the company fired her in August 2023.
The lawsuit alleges Modesto resident Anne Benisch used the card to buy women’s clothing, shoes, apparel, handbags and food delivered to her home and her boyfriend’s home during nonwork hours, as well as using Venmo to pay rent, utilities, housecleaning charges and cash draws.
Benisch’s age is listed as 35 in public records. In March 2023, in observance of Women’s History Month, she was named by the Stanislaus County Commission for Women as one of its outstanding women.
The commission said her accomplishments included directing and raising $250,000 for Boyett Petroleum’s annual Make Dreams Real fundraiser that supports youth programs throughout the county, and participating in such civic efforts as DOMO Murals, Gallo Center for the Arts and the Education Foundation of Stanislaus County.
“She was named outstanding new member of Modesto Sunrise Rotary, where she chairs the social committee. She supports Opera Modesto guest artists and Modesto Nuts season players by hosting them in her home,” the commission said in a news release.
The lawsuit alleges Benisch oversaw Boyett’s marketing budget and “intentionally submitted false expense reports that contained incorrect dollar amounts, misleading or false business purposes, misleading or false item descriptions ..., as well as intentional omissions of details relating to the actual nature of the purchases.”
The lawsuit states Boyett Petroleum recently discovered the alleged embezzlement after reviewing Benisch’s spending after it fired her.
Benisch did not return a phone call or text to her cell phone seeking comment or to a message sent to her LinkedIn account. A woman who answered a phone that public records state belongs to a Benisch family member declined to comment.
The lawsuit, filed Feb. 15 in Stanislaus County Superior Court, also claims unknown others were responsible in some way for the alleged theft, and their names will be added as Boyett learns their identities. The lawsuit states Benisch’s first name as “Anne” but Bee archives and public records also identify her as “Annie.”
Stanislaus County Senior Deputy District Attorney Wendell Emerson said two other law enforcement agencies are investigating embezzlement allegations involving two former Boyett employees.
He said he could not comment further, but Modesto Police Department spokeswoman Sharon Bear confirmed her agency is one of them. An FBI spokeswoman said her agency can neither confirm nor deny any investigation.
Boyett is an independent wholesale supplier whose headquarters are on McHenry Avenue. It delivers gasoline and diesel to 700 to 800 gas stations from California to Oklahoma. It also was known for its Cruisers convenience stores but sold them last year in a deal that expanded its fuel distribution business. The stores now operate under the Rocket brand.
The lawsuit was filed Feb. 15 in Stanislaus County Superior Court, and Boyett Petroleum is seeking the $1 million as well as other damages. Boyett is represented by Eric Nielsen with the Modesto law firm Jensen Nielsen Vande Pol. He did not respond to a request for comment.
But third-generation owner and company CEO Dale Boyett said in a text message, “Boyett Petroleum takes legal matters seriously and addresses each matter through appropriate channels. Due to the ongoing nature of the matter we are unable to provide comment at this time.”
The lawsuit alleges Benisch made the following not-work-related purchases with her company credit card:
▪ More than $640,000 with Amazon, including women’s clothes, shoes and beauty products, home goods and sports equipment. A review of the invoices for several purchases conducted after she was fired shows those items were delivered to her home.
▪ More than $130,000 with Venmo for such transactions as rent, utilities, house cleaning fees and cash draws.
▪ $71,342 with online retailer Gilt
▪ $53,458 with Target
▪ More than $87,000 with the Underground Chef, Instacart, DoorDash and Uber Eats/Uber Postmates.
The lawsuit alleges Benisch made purchases with other businesses, including $2,264 with Direct Appliance for a stove for her home, $1,080 with T.J. Maxx, $441 at Nordstrom, $13,034 with Crate & Barrel and/or its sister brand CB2 and $9,330 with Hidden Alley Crossfit.
The lawsuit states that as marketing director, Benisch was “responsible for overseeing all corporate sponsored events, including sales meetings, sales retreats, corporate holidays and charity events.”
