v. CRIMINAL COMPLAINT

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1 STATE OF MINNESOTA COUNTY OF HENNEPIN State of Minnesota, DISTRICT COURT FOURTH JUDICIAL DISTRICT COURT FILE NO. PROSECUTOR CASE NO. 14A25501 SILS ID SILS TRACKING CONTROLLING AGENCY. MN027013A CONTROL NO Plaintiff, v. CRIMINAL COMPLAINT JOHN F BONNER III (DOB: 08/22/1945) Summons Warrant 3709 Grand Way Order of Detention Apt. 117 St. Louis Park, MN 55416, Amended Defendant. Tab Charge Previously Filed The Complainant, being duly sworn, makes complaint to the above-named Court and states that there is probable cause to believe that Defendant committed the following offense(s): Count I Charge: Theft-by Swindle Minnesota Statute: (4), with reference to: (2), (5) Offense Level: Felony Maximum Sentence: 10 YEARS AND/OR $20,000 Offense Date (on or about): 08/23/2011 Charge Description: That on or about August 23, 2011, through January 31, 2012, in Hennepin County, Minnesota, JOHN F. BONNER obtained property or services from K.C. and T.D. by swindling them using artifice, trick, device or other means, and the property or services had an aggregate value in excess of Five Thousand Dollars ($5,000.00).

Louis Park, MN 55416, Amended Defendant.

3 STATEMENT OF PROBABLE CAUSE The Complainant states that the following facts establish probable cause: Your Complainant, Orlando Wiggins, is an Auditor in the United States Department of Labor, Employee Benefits Security Administration. In that capacity, I have investigated the facts and circumstances of this case by reviewing related documents and interviewing persons involved. I believe that the following facts establish probable cause to believe that Defendant herein, JOHN F. BONNER III, also known as JEFF BONNER, has committed the offense charged below. On April 5, 2012, the United States Employee Benefits Security Administration ( EBSA ) received a call from K.C., an employee of Bonner & Borhart LLP. K.C. explained that during the period of her employment she had participated in a retirement savings plan called a Savings Incentive Plan for Employees Individual Retirement Account ( SIMPLE IRA ). Under this plan, her employer would withhold from her paycheck a portion of her salary and deposit this portion into her retirement account. However, she told the ESBA that she had recently learned that, although Bonner & Borhart had withheld such funds from her salary, it failed to deposit some portion of them into her account. Defendant is an attorney and named partner at Bonner & Borhart LLP. He told the ESBA that he is the person at the firm responsible for deciding which bills are paid, including whether to remit withheld funds to employees retirement accounts. He admitted that, although he had withheld such funds from the paychecks of K.C. and T.D., another employee of the firm, he had not remitted all of those funds to their accounts. Instead, he said that he maintained the withheld funds in an account in which they were commingled with the operating funds of the firm. He explained that he failed to remit the funds to the employees accounts because he had spent them to cover other firm expenses. He conceded that these expenses included payments for his own benefit. The EBSA conducted a review of records at Bonner & Borhart. These records reveal that, from March 3, 2011, through January 31, 2012, Defendant withheld and failed to remit a total of $14,379 from K.C. and T.D. Of this amount, $ was withheld on or after August 23, 2011.

I believe that the following facts establish probable cause to believe that Defendant herein, JOHN F. BONNER III, also known as JEFF BONNER, has committed the offense charged below.

4 Complainant requests that Defendant, subject to bail or conditions of release, be: (1) arrested or that other lawful steps be taken to obtain Defendant s appearance in court; or (2) detained, if already in custody, pending further proceedings; and that said Defendant otherwise be dealt with according to law. COMPLAINANT S NAME: COMPLAINANT S SIGNATURE: Orlando Wiggins Subscribed and sworn to before the undersigned this day of, 20. NAME/TITLE: SIGNATURE: Being authorized to prosecute the offenses charged, I approve this complaint. Date: PROSECUTING ATTORNEY'S SIGNATURE: Name: Benedict J. Schweigert Assistant County Attorney C2000 Government Center 300 South Sixth Street Minneapolis, MN Attorney Registration #

COMPLAINANT S NAME: COMPLAINANT S SIGNATURE: Orlando Wiggins Subscribed and sworn to before the undersigned this day of, 20.

5 FINDING OF PROBABLE CAUSE From the above sworn facts, and any supporting affidavits or supplemental sworn testimony, I, the Issuing Officer, have determined that probable cause exists to support, subject to bail or conditions of release where applicable, Defendant s arrest or other lawful steps be taken to obtain Defendant s appearance in court, or Defendant s detention, if already in custody, pending further proceedings. Defendant is therefore charged with the above-stated offense. SUMMONS THEREFORE YOU, THE ABOVE-NAMED DEFENDANT, ARE HEREBY SUMMONED to appear on the day of, 20 at a.m./p.m. before the above-named court at to answer this complaint. IF YOU FAIL TO APPEAR in response to this SUMMONS, a WARRANT FOR YOUR ARREST shall be issued. WARRANT To the Sheriff of the above-named county; or other person authorized to execute this warrant: I hereby order, in the name of the State of Minnesota, that the above-named Defendant be apprehended and arrested without delay and brought promptly before the above-named court (if in session), and if not, before a Judge or Judicial Officer of such court without unnecessary delay, and in any event not later than 36 hours after the arrest or as soon as such Judge or Judicial Officer is available to be dealt with according to law. Execute in MN Only Execute Nationwide Execute in Border States ORDER OF DETENTION Since the above-named Defendant is already in custody, I hereby order, subject to bail or conditions of release, that the above-named Defendant continue to be detained pending further proceedings. Bail: $ Conditions of Release: This complaint, duly subscribed and sworn to, is issued by the undersigned Judicial Officer this day of, 20. JUDICIAL OFFICER: NAME: TITLE: SIGNATURE: Sworn testimony has been given before the Judicial Officer by the following witnesses: COUNTY OF HENNEPIN STATE OF MINNESOTA STATE OF MINNESOTA John F Bonner III, vs. Plaintiff, Defendant Clerk s Signature or File Stamp: RETURN OF SERVICE I hereby Certify and Return that I have served a copy of this COMPLAINT upon Defendant herein named. Signature of Authorized Service Agent: Form Revised August 2006 (ITD_SP_0339c) Page 5 of 5

custody, pending further proceedings. Defendant is therefore charged with the above-stated offense.

COUNT I. Charge: <Charge Name> Minnesota Statute: <Statutes_Charge> Maximum Sentence: <Max Sentence Description> COUNT II COUNT III

COUNT I. Charge: <Charge Name> Minnesota Statute: <Statutes_Charge> Maximum Sentence: <Max Sentence Description> COUNT II COUNT III STATE OF MINNESOTA COUNTY OF DISTRICT COURT JUDICIAL DISTRICT COURT FILE NO. PROSECUTOR FILE NO. State of Minnesota, Plaintiff, v. (DOB: