By LeAnn R. Ralph
MENOMONIE — A restitution hearing scheduled in Dunn County Circuit Court for the former owner of LaPean Implement has been postponed.
Greg LaPean, 56, was scheduled for a restitution hearing on November 21.
The District III Court of Appeals denied an appeal in September filed by LaPean for a conviction of defrauding Security State Bank in New Auburn out of several hundred thousand dollars.
At a court hearing last spring, the Honorable William C. Stewart Jr. delayed scheduling a restitution hearing until the appeal was finished.
LaPean initially was ordered by the court to pay $288,763.90 in restitution, with monthly payments beginning in April of 2012.
A jury convicted LaPean on September 23, 2011, of one felony count of transferring another’s personal property worth more than $100,000.
In a separate case, in which LaPean was charged with two felony counts of transferring another’s personal property at a value exceeding $10,000 but not more than $100,000, a Dunn County jury could not reach a verdict.
LaPean was sentenced in February of 2012 to six months in jail, five years of probation, and 50 hours of community service for each year of probation.
In April of 2012, Judge Stewart ordered the jail sentence stayed pending the appeal.
At issue were 18 pieces of missing farm equipment that had been collateral for a loan from Security Bank.
LaPean said he had sold the equipment but could not produce any paper or computer records of the sales and did not turn over to the bank any of the money from the sales.
According to online court records, on November 19, Judge Stewart issued an order for a continuance of the restitution hearing until after the Court of Appeals has sent a remittitur to the Dunn County Clerk of Courts.
A remittitur is a ruling by a judge — often on a motion to reduce or throw out a jury verdict — decreasing the amount of damages that have been awarded.
At a hearing earlier in November, Judge Stewart said he had wanted to hold the restitution hearing before the end of the month because he is retiring November 30.