Rachael Marie Smith Pleads Guilty

August 29, 2011

ADA Seth Steward, DA Gascón’s Office, (415) 553-1014
Erica Terry Derryck, DA Gascón’s Office, (415) 553-1167


SAN FRANCISCO, CA – District Attorney George Gascón announced today that Rachael Marie Smith (DOB: 12/4/1980 CN 10021872) pled guilty to three counts of grand theft.

“Defendant Smith took thousands of dollars from numerous unsuspecting citizens hoping to have found a place to live,” said District Attorney George Gascón. “Instead of providing a home, this defendant pocketed their hard earned money and disappeared. This plea will hopefully bring some closure to the victims in this case.”

According to court documents, defendant Smith was a tenant in an apartment on the 5600 block of California Street in San Francisco. Even though she had no right to do so, Smith advertised her apartment for rent on Craig’s List. When interested renters called, the defendant showed the apartment, and went through an application process. She then rented the apartment out to 18 victims, from whom the defendant took first month’s rent and security deposits (approximately $5,500) from each victim with no intention of actually renting the apartment. The defendant took a total of approximately $110,000.

The defendant was arraigned on July 26, 2010. On Tuesday, June 7, 2011 in Department 23 the defendant failed to appear. A bench warrant was issued in the amount of $110,000. The warrant was stayed until July 8, 2011 at 9:00 a.m. in Department 9. On July 8, 2011, the defendant again failed to appear. The Court lifted the stay on the bench warrant and increased the bail amount to $200,000. On Tuesday, August 16, 2011, the defendant turned herself into authorities and has remained in custody.

On Monday, August 29, 2011 the defendant pled guilty to three counts of grand theft in violation of California Penal Code Section 487(a). As a part of the plea, the defendant admitted taking rent and deposit checks from 18 victims with no intention of renting the apartment. According to the plea agreement, the defendant will be sentenced to two years in state prison and be required to pay restitution to all the victims in an amount totaling $110,000.

Sentencing is scheduled for Wednesday, October 19, 2011 in Department 23 at 9:00 a.m. Assistant District Attorney Evan Ackiron prosecuted the case.