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MADISON - Rebecca L. Day, age 38, a Dodge County resident, was sentenced today for one count of misconduct in office, Attorney General J.B. Van Hollen announced today.
The Hon. John Storck, a Dodge County Circuit Court judge, had previously accepted Day's plea on November 11, 2008. He placed Day on probation for a period of three years. Judge Storck ordered several conditions of probation supervision including that Day (1) serve 5 months with Huber privileges in the county jail; (2) pay restitution to the town of Chester for any remaining unpaid taxes and auditing costs (for a total $20,000); and (3) draft a letter of apology to the victim.
Day faced a maximum term of imprisonment of three years and six months and a maximum fine not to exceed $10,000.
"Day's conduct constitutes a breach of the trust to her fellow towns people who elected her as treasurer," said Wisconsin Attorney General J.B. Van Hollen. "It undermines public confidence in the vast majority of local government officials who serve out of a sense of dedication to their fellow citizens."
The criminal complaint alleges that Day served as the treasurer for the Town of Chester in Dodge County for approximately eight years. Among her duties as treasurer, Day was responsible for accepting property tax payments and documenting their payment. During an examination of the town's finances, an accounting firm discovered that Day recorded payment of property taxes for her own residence in the Town of Chester without actually making a payment to the township for her property taxes. This happened each year between 2002 and 2006. Based upon information that the town provided to the Court at sentencing, the total amount of property taxes that she reported paying during this period was $15,159.98, a portion of which she has already paid back.
The Wisconsin Department of Justice, Division of Criminal Investigation conducted the criminal investigation in this matter. Assistant Attorney General Donald Latorraca from the Department's Division of Legal Services represented the state as a special prosecutor for Dodge County.