Jury convicts wife of forging checks while her husband was serving in Iraq

[jetdawgg]

Dana M. Kieser deceived and defrauded her husband when he was at his most vulnerable, serving in Iraq with the Minnesota National Guard, a Ramsey County jury heard Friday.

She closed out John Kieser's retirement and college-savings accounts, forged his name on two checks totaling almost $25,000, bought a home in Fargo, N.D., and sold their home in Maplewood -- all without his knowledge or consent, prosecutor Laura Rosenthal said.

"This is not a complicated case," the assistant county attorney said in her closing argument. "This defendant's actions crossed the line."

The jury agreed and returned after just an hour and a half of deliberations with guilty verdicts on two counts of check forgery.

Dana Kieser showed little emotion when the verdicts were read. John Kieser was in the courtroom, too, but he clearly took no joy in them. He was served with divorce papers while home on leave in early January 2007 but still held out hope for reconciliation, even two months after his tour of duty ended in July.

The couple's contested divorce is pending in North Dakota. Dana Kieser said during testimony that she has custody of their two boys, ages 6 and 4.

Defense attorney Ken Kohler tried to convince the jury that Dana Kieser had no criminal intent when she took the funds from his IRA and 529 plan.

She honestly believed that a power-of-attorney document her husband had prepared before his deployment allowed her to withdraw the money, Kohler said. She used it -- along with money from her own 401(k) account -- to pay off a second mortgage on the Fargo house that was in both their names, he said.

But Dana Kieser testified that she now knows the power of attorney only went into effect if John Kieser became "physically disabled, mentally incompetent or otherwise incapacitated."

"I believed 'incapacitated' meant unavailable," she said.


The prosecutor wasn't buying it, though. Rosenthal said that Dana Kieser left her husband essentially homeless and that he never has and never will live in the Fargo house.

District Judge James Clark set sentencing for June 12. Dana Kieser is unlikely to serve any time in prison. The presumptive sentence for check forgery is a stayed sentence. The amount of restitution would be determined by probation officials.

Pat Pheifer • 651-298-1551

http://www.startribune.com/local/east/18536159.html

[AL49BGN]

If This Women Doesn't Do Jail Time It Would Be A Travesty Of Justice.She Totally Betrayed Her Spouse And Left Him Broke.She Is A Evil Person.

[OB MSG]

Because she has no prior record and she has custody of their two children, for the moment, (though I don't harbor any ideas that John Keiser will get anything more than joint-custody of their children), she will more than likely get probation with a conditional sentence. Her probation will probably be about 5 to 10 years and in that time if she violates it, then and only then will the full sentence be put into effect.

Does she deserve jail time, oh yes, yes she does. Will she see the inside of one, probably not.

That being said, this malicious little *%&$@ needs to go to jail, have her kids taken from her and given to their father, sell the new house and pay back her soon to be ex-husband, with interest, and then get parole after time served.

My two cents.

[jetdawgg]

Plus taking the funds from his IRA and saying he was "incapacitated", how evil is that?

[sscjoe]

What she did was criminal, all she had to do was file for divorce and get 60% and not go to jail.

[AL49BGN]

I wonder how much of his money he will get back.I hope that restitution will be made in full and that he doesn't have to be further victimized by having to settle this in civil court.

[sscjoe]

One would think that restitution for the full amount would be dealt with in the divorce proceedings. Unfortunatly most states have archaic divorce laws that favor the female side.

[AL49BGN]

That is what I fear.

[jetdawgg]

He serves the nation and she serves his money up to herself

[PERSICH]

Unfortunatley this women is not done taking this poor guys money. In the diviorce she will probably be awarded custody of the children and this guy will have to pay child support on two kids around 30% of his income. What a cruel twist that will be. She should have to forfiet her current house to this guy and make restitution and he should be given custody of the children.