(GREENFIELD, Iowa) Attorney General Tom Miller filed criminal charges Monday against Adair’s former city clerk and her son, a city street department employee in an alleged case of theft and official misconduct.
Miller charged Linda Nichols, 63, and Terry Nichols, 41, both of Adair, with Theft in the First Degree, a Class C Felony, and Felonious Misconduct in Office, a Class D Felony. According to the Trial Information filed Monday in Adair County District Court:
- The defendants unlawfully made and/or accepted inflated and unwarranted payments, failed to pay municipal utility bills, and knowingly purchased and/or accepted goods purchased with the City of Adair’s funds for personal use.
- The defendants made or gave a false entry, return, certificate, or receipt; or falsified one or more public records; or delivered one or more falsified writings with knowledge that it was false, to become a public record.
On May 3, 2011, the Office of Auditor of State released a report on a special investigation of the City of Adair for the period January 1, 2007 through July 31, 2010. The special investigation was requested by city officials as a result of alleged misappropriation of city funds, and alleged $119,339.71 of improper and unsupported disbursements and undeposited collections. The Adair County Attorney referred the case to Miller.
The defendants appeared Monday for an arraignment and were released. Their trial is scheduled for September 14. A Class C felony carries a maximum sentence of ten years in prison. A Class D felony carries a maximum sentence of five years.
A criminal charge is merely an accusation and the defendants are presumed innocent until and unless proven guilty.
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