La Fox lawyer sentenced to jail for theft

By on December 12, 2009

Kane County—A La Fox woman convicted of stealing $137,000 from her St. Charles law firm has been sentenced to probation and jail, and ordered to repay her former law partner.

Ann M. Day, 52, of the 1N6 block of Harley Road, La Fox, was sentenced Wednesday by Circuit Judge Timothy Q. Sheldon to 48 months probation and 180 days in the Kane County Jail. In addition, she was ordered to repay to her former law partner the $137,937.27 she was convicted of stealing. Day is to pay the restitution in monthly installments of $2,873.

Day was convicted Oct. 2, by Judge Sheldon of 12 counts of theft, four a Class 1 felony and eight a Class 2 felony, and 16 counts of forgery, each a Class 3 felony. Judge Sheldon heard the case in May 2009. Day waived her right to a jury trial.

From January to October 2004, Day operated a scheme in which she intentionally deprived her law firm of funds, instead pocketing the money for her personal use. Day would:
• Deposit checks made to the firm into her personal account
• Forge her partner’s name on checks written to the firm and then deposit the money into her personal account
• Write checks to herself from the firm’s checking account and then alter the firm’s ledger to misrepresent the purpose of the reimbursement

As a result of Day’s actions, the law firm was deprived of $137,937.27.

At a hearing Oct. 9 to set a sentencing date, Judge Sheldon granted a state motion to revoke Day’s $2,500 bond and ordered her into custody.

According to Illinois law, Day was given day-for-day sentencing, as well as credit for 62 days served in the Kane County Jail.