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April 17, 2024

COD- When do criminal statutes apply?

By Kirk Allen & John Kraft

On March 3, 2015

DuPage Co. (ECWd) –

While reviewing numerous criminal statutes pertaining to contracts with public bodies there was one that appears to raise more than a few questions as it relates to the spending habits of COD President Robert Breuder.

(720 ILCS 5/33E-16)
Sec. 33E-16. Misapplication of funds.
(a) An officer, director, agent, or employee of, or affiliated in any capacity with any unit of local government or school district commits misapplication of funds when he or she knowingly misapplies any of the moneys, funds, or credits of the unit of local government or school district.
(b) Sentence. Misapplication of funds is a Class 3 felony.
(P.A. 97-1108, eff. 1-1-13.) (Click here for entire Sec. 33)

“Misapplication”  Defined – Blacks Law Dictionary: Improper. Illegal, wrongful, or corrupt use or application of funds, property, etc. (Blacks Definition)

Misapplies ANY of the moneys, funds or credits!

Do ANY of these expenditures qualify?

What I found most interesting is that this statute appears to be very similar to the Employee Code of Ethics that I referenced in this article.   (Click here for Employee Code of Ethics)

Breuder is in fact an Officer/employee of the unit of local government, College of DuPage.  Even if many of these expenditures could be considered appropriately applied, it appears many do not considering COD has no records to support several of them. If the plain language meaning is applied, the term “any” would indicate it only takes one for the statute to apply!

The question we can’t answer is, did he do it knowingly? 

“Knowingly” Defined – Blacks Law DictionaryWith knowledge; consciously; intelligently. (Blacks definition)

  • Does anyone believe that he didn’t have knowledge a private membership to a hunt club was not part of his compensation package?
  • Does anyone believe he did not consciously charge the taxpayer for all these benefits not listed in his contract?
  • Intelligently?  Seriously, can a person that thinks he is worthy of being a 5 Star General ever take the position that he acted in ignorance vs. intelligence? (Click here for the “5 star General”  video)

Is this a proper application of the criminal statute?

You be the judge!


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  • Chris M. Gaines
    Posted at 01:22h, 04 March

    Nice article on the front page of the Chicago Tribune recently about you two. Right? Good job my brothers!

    Obviously this criminal should be arrested, for felony crimes, that’s obvious. Why not do a citizens arrest on him if our law enforcement agencies won’t do their jobs We the People pay them very well to do for us? Are you that confident these felony charges would hold up and court if you arrested him and you wouldn’t be charged with a crime(s) yourself for citizens arresting him AND detaining him until our law enforcement officers placed him into custody in our local jail until he posted bond?

    Test our laws like you did at the now infamous Clark County Park District board meeting and attempted to citizens arrest a board member at that meeting for violating the OPA law ( Open Meetings Act) public comment period. That got their (everyone) attention at a minimum and most government agencies throughout our State of Illinois took notice of it, obviously.

    Question remains though, can you get the State’s Attorney Office in Dupage County to file ANY criminal charges against him if you arrested him? I think we all know the answer to that question, right? That’s why you don’t do it, evidently, because of the obvious public corruption within ALL our State’s Attorney Office’ statewide and throughout our nation in America. And the fear of arrest yourself for doing it and/or being sued in a civil lawsuit yourself by him as well if you attempted to citizens arrest him. Right? Be willing to take those mitigated risk still John and Kirk for We the People, please. Quit playing with him and just arrest him for these FELONY CRIMES! See what happens. Test our laws. End of story. Game over. Why not? Seriously… just citizens arrest him and quit playing with him. I would, but obviously I have nothing to lose financially like both you do, only my freedom would be at risk, like both of you if you actually did this. Right? Be willing to take these mitigated risks anyways for other people, We the People, and ultimately that will secure your own personal freedom and liberty in the end, hopefully I pray.

    Otherwise this is all just mental masturbation in my opinion at worst, and citizen journalism at best…right? Arrest him yourself, test our laws. Never know until you try, right?

    Either way keep up the good work my brothers! Go (Edgar County Watchdogs). Actions speak louder than words. Arrest him yourself. Test our laws. Please. Thank you.

    • F
      Posted at 14:31h, 04 March

      Easy to say “arrest him yourselves”! He’s surrounded by a personal militia with guns!

      • Chris M. Gaines
        Posted at 19:47h, 04 March

        Obviously that “personal militia” or their “guns” wouldn’t protect him from a lawful arrest by any citizen. What does protect him is our corrupt law enforcement agencies and our corrupt States Attorney Office’ and our corrupt public servants and corrupt politicians and our corrupt justice system in our State of Illinois, and throughout our nation in America.

        Obviously he knows that, and doesn’t fear arrest evidently. John and Kirk are aware of this, that’s why they won’t citizen arrest him because most likely they would get arrested if they tried to arrest him, especially if they attempted to detain him until our corrupt law enforcement officers showed up to protect this criminal.

        Things aren’t as they appear. This criminal will get away with these crimes and continue to commit many more after he moves on to another community obviously. Welcome to America, and especially Illinois. As We the People already know, Illinois is THE MOST CORRUPT STATE in our union. That’s a well known fact of life for the citizens who are subject to our laws in Illinois.

        Criminals like this one and many more are obviously protected by secret societies within the Good Ol’Boy(and girls) network. He is laughing at all this all the way to the bank. Sorry to burst your bubble. I pray this wasn’t the grey shade we all live in in our society. How can we change this? … that is the only real question still remaining.

        Pray God has mercy on all our souls for allowing this on our watch. We the People are ultimately responsible for allowing this to happen to us. What can you do? Get informed. Get involved. Take action. Be willing to take mitigated risks and even life threatening risks for other people and ultimately that will secure your own FREEDOM and SECURITY and LIBERTY. Demand electoral reforms. Demand government transparency. Then vote REGULARLY like your life depended on it because in reality it does obviously. Vote these corrupt public servants and politicians out of office and replace them with honest, caring and responsible individuals who act in the best interests of We the People they are supposed to “serve and protect”. Things aren’t as appear in public as behind closed doors in back room deals.

        Welcome to reality, the grey shade we all live in. Your perception of reality is your reality not mine. Know what is in front of your own face, Jesus Christ tells us in the Holy Bible. Understand that, please. Then take action and citizen arrest this criminal. Quit playing with him. Be willing to take that risk. Just don’t forget your bond money. And have a good lawyer on retainer obviously. And pray about it before you do it for protection from the unseen forces that will attack you and your family and friends.

        John and Kirk are doing the best they can with the resources they have available to them and I commend them for that. Thank you John and Kirk. Keep pushing back and eventually this snake will slither away to another community outside Illinois most likely. He has been publicly exposed for what he is in OUR state, a criminal, thank God. It’s just a matter of time before he runs away from his criminal activities here in Illinois. Good riddance.