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Former Lake County clerk’s convictions upheld by 7th Circuit

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Thomas R. Philpot, the former Lake County clerk convicted of taking more than $24,000 in federal funds earmarked for child support and using that money to pay himself bonuses, will not receive a new trial, the 7th Circuit Court of Appeals held this week.

In United States of America v. Thomas R. Philpot, 13-1465, Philpot appealed his convictions of two counts of mail fraud and one count of theft from a federally funded program. He was elected clerk in 2004 and served until 2009. He took money from the IV-D incentive fund to pay himself bonuses in 2004, 2005, 2006 and 2009.

The judge in the case acquitted Philpot on two charges based on testimony that he did not learn he could not give himself the bonuses under Indiana statute until 2008. He was sentenced to 18 months in prison and fined $10,000. His law license is suspended.

Philpot raised numerous issues on appeal, including that pre-trial publicity required his trial to be moved to Illinois and misconduct during trial. The 7th Circuit found none of his claims had merit. The judges pointed out that the jury pool was drawn from approximately 600,000 people and most of the media coverage of his theft occurred a year before the trial began.

The judges also found that a reasonable jury could conclude Philpot knew his bonuses violated state law after consulting with an attorney about the applicable statutes. The jury could have sided with Philpot and concluded he acted in good faith when he took the bonuses in January and October 2009, but it did not, the appeals court pointed out. Instead, it found he acted knowingly and with intent to defraud when he accepted the IV-D money without approval.

The 7th Circuit also rejected his claim he should receive a lesser sentence because he returned the money before the county detected that it was missing.
 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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