By LeAnn R. Ralph
MENOMONIE — A Dunn County judge has lifted the stay on jail time and has ordered Greg LaPean, the former owner of LaPean Implement in Menomonie, to report to jail by 5 p.m. April 27.
Judge Conrad A. Richards lifted the stay in Dunn County Circuit Court March 27 and also scheduled a restitution hearing on April 29 at 8:30 a.m.
LaPean was convicted in 2011 of defrauding a New Auburn bank out of several hundred thousand dollars in a case involving 18 pieces of missing farm equipment that served as collateral for a loan.
After the jury found LaPean guilty, Judge William C. Stewart granted the stay on jail time while LaPean was appealing his conviction.
The District III Court of Appeals upheld LaPean’s conviction by a Dunn County jury last fall, and in November, LaPean asked the state Supreme Court to review his case.
Judge Stewart had hoped to hold the restitution hearing before he retired at the end of November, but because LaPean’s appeal with the Supreme Court was pending, was unable to do so.
The justices serving on the state Supreme Court voted February 27 not to accept the LaPean case.
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 in appellate court.
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.
The charges in the third case with two felony counts of transferring another’s personal property at a value not exceeding $100,000 were dismissed March 17 of this year on a prosecutor’s motion.
At his trial, LaPean testified that 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.
LaPean’s wife, Amy LaPean, was charged with one Class E felony of transferring personal property with a value exceeding $100,000.
Judge Stewart accepted a deferred prosecution agreement in March of 2012 for Amy LaPean and ordered her to perform 40 hours of community service.
If Amy LaPean successfully completed the two years of the agreement, the case would be dismissed.
A review hearing for Amy LaPean was scheduled for March 24, 2014.
Amy LaPean failed to appear in court for the review hearing.
Dunn County Assistant District Attorney Andrew Maki told the court that Amy LaPean had only completed 25 hours of community service.
Maki filed a motion with the court to revoke the deferred prosecution agreement, and Judge Richards scheduled a revocation hearing for May 19.
The LaPeans were charged in connection with taking out bank loans for tractors and other farm equipment for more than $1 million but not paying off the loan. It was also discovered that the property was not included in the inventory for LaPean Implement.
Karen Smith, the vice president of Security State Bank, had filed a complaint alleging that the LaPeans had not paid off nearly $1.5 million in loans.