WISCONSIN THEFT AND FRAUD CASES

Notable Theft & Fraud Results

Dismissed or Never Charged

Charges Reduced

No Charges Filed

Felony Theft & Bank Fraud — No Charges Filed, Deportation Avoided

Felony Theft & Bank FraudMilwaukee County

Facts: The client faced multiple counts of felony theft and bank fraud based on an international funds transfer, with up to 20 years in prison and deportation at stake. The allegations were made by an angry ex-girlfriend.

ResultNo charges filed. The defense proved the allegations were false through documentation and by showing who made them.

Charges Dismissed

Theft by Fraud — Dismissed After Warrant Issued in Error

Theft by FraudWalworth County

Facts: The client had 9 cases of the same charge in 5 different counties, all resolved in 2002. The Walworth County case was erroneously left off and a warrant was issued without the client's knowledge.

ResultAll charges dismissed after restitution was paid and the DA agreed to dismiss.

Case Dismissed

Theft from a Bar — Dismissed

TheftGreen Bay Municipal

Facts: The client worked at a bar and was accused of stealing supplies by a co-worker, who was also arrested.

ResultDismissed.

Charges Dismissed

Worthless Check Charges — Dismissed

Issuance of a Worthless Check (2 counts, Party to a Crime)Washington County

Facts: The client faced 18 months in prison and a $20,000 fine. He cashed checks he received from a person who owed him money, and the accounts were then closed.

ResultDismissed. The investigation showed the client did not intentionally defraud the bank and that the person who issued the checks acted alone, though it was alleged they developed the scheme together.

Criminal Charges Dismissed

Hotel Fight During a Wedding — All Criminal Charges Dismissed

Criminal Damage to Property, Disorderly Conduct, Attempted BatteryWaukesha County

Facts: The client was in Wisconsin for a wedding and got into a fight with in-laws at a local hotel, with considerable property damage and injuries.

ResultAll criminal charges dismissed. The client pled no contest to an amended county ordinance violation for disorderly conduct and paid a $200 fine.

Felony Reduced

Felony Arson Charge — Reduced to a County Disorderly Conduct Fine

Arson of a Building (Felony)Ozaukee County

Facts: The charge rested on a bartender's statements that the client was smoking and went into the bathroom, where he allegedly started a fire with a roll of toilet paper. The bar's owner was facing bankruptcy, and the witnesses who claimed to have seen the client were his friends. The client faced 40 years in prison and a $100,000 fine.

ResultAmended to a county charge of disorderly conduct with a small fine after 10 months of defense challenges to the evidence. A defense arson expert showed the fire had a different cause, and the investigation showed heavy bias among the witnesses, including the owner, who had debt and liquor license problems.

Felony Reduced · No Jail

Felony Burglary Charge — Reduced to a Misdemeanor, No Jail

Burglary – Building to Steal (Class F Felony)Racine County

Facts: The client went into an old boyfriend's apartment and took back items he had taken from her. It was a first offense, yet the DA charged and insisted on extensive jail, and she faced up to 12.5 years in prison and a $25,000 fine. During trial, the defense was able to prove that the DA illegally withheld evidence and acted in bad faith.

ResultPlea to an amended misdemeanor, 1 year probation, no jail.

Charges Reduced · No Jail

15 Years in Prison Exposure — One Misdemeanor, No Probation or Jail

2nd Degree Reckless Endangerment, Intimidation, Trespass, Criminal Damage, BatteryDane County

Facts: The client, a Gulf War veteran, former police officer, and law student, was accused of breaking into the home of a friend's ex-husband, damaging several doors, and beating and threatening him. He faced 15 years in prison.

ResultPled to one count of misdemeanor battery; all other counts dismissed. No probation, no jail.

Charge Reduced · Probation

Prescription Drug Fraud — Theft Dismissed, Probation Only

Obtaining Prescription Drug by Fraud (3 counts), TheftWaukesha County

Facts: The client submitted a false prescription on behalf of a person she was caring for. She had become addicted to oxycontin after years of painful surgeries.

ResultTheft of property charge dismissed. Two years probation, concurrent, on two counts of prescription drug fraud, and 40 hours of community service.

Reduced to a Fine

Retail Theft — Amended to a $50 Ordinance Violation

Retail TheftWaukesha County

Facts: The client faced 9 months in jail based on the personal observations of a store manager who saw the client place an item in a pocket. The investigation revealed the client has a chronic mental illness and had never left the store.

ResultCharge amended to a violation of a county ordinance and a $50 fine.

Prior results do not guarantee or predict a similar outcome in any future case. Every case is unique and is evaluated on its own facts. The above are illustrative outcomes handled by Birdsall Muller LLC.

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