Contacts:
William Lamb 920/929-3760
Daniel Kaminsky 920/929-3048
CITY OF FOND DU LAC – Three of the suspects involved in a purchasing scheme by Management Information System employees to defraud the City of Fond du Lac have been charged. Emil Devcic, a vendor, has been charged with three felony counts, Jonothan Lippert, a former city MIS employee, has been charged with four felony counts, and Jason Wianecki, also a former city MIS employee has been charged with one felony and one misdemeanor count.
Each are expected to waive preliminary hearings and plead guilty or no-contest to all of their charges pursuant to agreements reached with the Fond du Lac District Attorney’s Office. Pursuant to those agreements, each will cooperate in the prosecution of any other co-defendants and have paid all or a portion of their respective restitution up front, together amounting to $85,000 recovered for the City of Fond du Lac. Lippert will also remain liable to pay back an additional $75,000 on his case, bringing the total recovery under these first three agreements to $160,000.00.
As part of the agreements, the District Attorney agrees to recommend a prison sentence for Devcic totaling 8 years, with 3 years initial confinement and 5 years extended supervision; a prison sentence of 9.5 years for Lippert, with 4.5 years initial confinement and 5 years extended supervision; and a joint recommendation will entail three years probation and five months jail time as a condition for Wianecki who was the least involved and will have paid full restitution. Ultimately, actual sentencing will be a decision by the judge assigned to each case.
“On February 10, 2010, the date this MIS fraud/theft and misconduct investigation went public, we indicated there remained a great deal of investigation and follow up to ensure all the perpetrators of this conspiracy were brought to justice, and that the City of Fond du Lac and its taxpayers were able to recoup some of their financial losses. Since that time, Detective Sergeant Brian Liethen of the North Fond du Lac Police Department, acting as the lead special investigator, has worked tirelessly and closely with Fond du Lac County District Attorney Daniel Kaminsky and Assistant Attorney General Erik Peterson to achieve that goal. We have also remained in continuous consultation with City officials. Today’s felony charges, the sentencing recommendations, and not least the recovery of substantial restitution for the City of Fond du Lac, marks a significant accomplishment toward that end. I’d like to commend Detective Sergeant Liethen, District Attorney Kaminsky, and Assistant Attorney General Peterson for their work and continued successes in this very complex criminal investigation and prosecution.
For the remaining three suspects, we are continuing to work with the District Attorney’s Office as criminal charges and convictions are pursued. I believe the joint strategy employed has been the best manner to ensure all involved are brought to justice.”
– William Lamb, Chief of Police, Village of North Fond du Lac.
“On behalf of the City of Fond du Lac Police Department, I would like to personally thank the North Fond du Lac Police Department for the outstanding job they did in investigating this complicated and intensive case. During the investigation of the original allegations, Investigator Liethen worked long hours and extra days during the holiday season in order to insure the investigation was done in a thorough and timely manner. His personal sacrifice and those made by his family during the holidays are greatly appreciated.
I would also like to thank the Wisconsin Department of Justice – Division of Criminal Investigations and the Fond du Lac County District Attorney’s Office. As this investigation progressed, these two offices coordinated their efforts with the North Fond du Lac Police Department to form a solid team. I was truly impressed by the interagency cooperation and the commitment of all parties involved. Their efforts are reflected in the quality of the investigation and prosecution of this case.
It is reassuring to know the City of Fond du Lac Police Department has partners it can count on to “answer the call” when assistance is needed. We appreciate and value the professional response given to our request to investigate this long and complicated case.”
– Chief Tony Barthuly, Fond du Lac Police Department.
“These agreements contain substantial prison exposure and recommendations for those with a primary role and participation in this conspiracy. The leverage we employed would not have been possible but for the quality of police work by Detective Sergeant Brian Liethen, Special Agent Kyra M. Schallhorn from DCI, and the many other officers working on the case. I am pleased to enable the immediate recovery of funds back into the City budget rather than awaiting prolonged litigation or insurance investigation. With the advice of Assistant Attorney General Erik Peterson, I believe the strategy I have employed is in the best interests of the Fond du Lac Community; we have obtained outstanding results much sooner than had we rushed to charging. I thank Attorney General J.B. Van Hollen for his assistance, for assigning AAG Peterson, and authorizing the use of DCI personnel. AG Van Hollen has continued to provide invaluable assistance to Fond du Lac.”
– District Attorney Daniel Kaminsky.
Law enforcement resources utilized in this investigation include dozens of officers and detectives from The Villiage of North Fond du Lac police department, City of Fond du Lac Police Department, and the Division of Criminal Investigations branch of the WI DOJ.
Additional charges are expected in the case in several weeks. Investigators and the District Attorney estimate the total losses to the City from this conspiracy at between $200,000.00 to $240,000.00. Due to the nature of the activities, an exact to the penny determination is not possible.
