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?
- Personal Membership to Max McGraw Wildlife Foundation paid for by COD. No records have been produced to support this personal membership was in any way part of his contractual benefits. (Click here for copy of reimbursement document) (Click here for PROOF it is not part of his contract)
- Personal hotel stays at the College on campus hotel paid for with COD credit. (Click here for those records)
- Gifts paid for by COD that exceed the Gift ban limit (Click here for those records)
- Numerous expenditures of public money at the Waterleaf Restaurant. (Click here for those receipts)
- Creation of House Account 10 (use of credit) without any board approve and for personal expenditures. (Click here for proof no authorization exists)
- $8,445.94 Dinner at the Barrington Bistro (Click here for that receipt)
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 Dictionary – With 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!
