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La Fox lawyer gets jail, probation for theft
By Susan Sarkauskas | Daily Herald Staff
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Published: 12/9/2009 5:43 PM | Updated: 12/9/2009 5:44 PM

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A La Fox attorney convicted of stealing from her former law firm was sentenced Wednesday to four years probation and 180 days in the county jail.

Ann Day also must pay nearly $138,000 restitution to her former law partner, Karen Tietz.

Day, 52, was found guilty of 12 counts of theft and 16 counts of forgery Oct. 2 after a trial before Judge Timothy Sheldon. Prosecutors and police say that shortly after Day and Tietz formed their law firm in January 2004, Day began diverting funds for her personal use.

Charges alleged she deposited checks made to the firm in her personal account, forged her partner's name on checks written to the firm and wrote herself checks from the firm's account, altering the firm's ledger to misrepresent the purpose.

The attorneys knew one another from participation at Hosanna! Lutheran Church in St. Charles, for which Day provided legal services.

Day has filed a motion for a new trial, arguing that the business agreement between her and Tietz "included the actual of implied authority of the partners to sign each other's names," and that it is not required under the business agreement, the law or the Uniform Commercial Code that both partners endorse checks, according to court documents.

Day remains authorized to practice law in Illinois, but there is a disciplinary case against her before the state's Attorney Registration and Disciplinary Commission.

She has been licensed to practice in Illinois since 1989, and now practices out of her home.