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Office of RECEIVED <br />ANOKA CO UNTY A ORNEP 2 7 l!t!tO <br /> ROBERT a4. . son vso v i 'tl. ........... <br /> <br />Courthouse, 325 East Main Street, Anoka, MN 55303 <br /> 612-421-4760 Fax 612~422-7524 <br /> <br />MEMORANDUM <br /> <br />DATE: <br />TO: <br /> <br />FROM: <br />RE: <br /> <br />April 20, 1990 <br /> <br /> Robert M.A. Johnson, Anoka County Attorney <br /> William K. Goodrich, Ramsey City Attorney <br />~Ramsey City Council <br /> Rob Boschee, 1600 Radium Street Northwest, Ramsey, MN 55303 <br /> Chief Mike Auspos, Ramsey Police Department <br /> 1 <br /> <br /> Kathryn M. Timm, Assistant Anoka County Attorney <br /> <br /> Possible charges of a worthless check against Scott D. Kozitza <br /> <br /> As you all may be aware, the Ramsey City Attorney requested that the County Attorney's <br />Office independently review the case of Scott Kozitza and determine if it is appropriate for criminal <br />prosecution. The complainant in the matter is Rob Boschee. The City Prosecutor initially <br />determined that there was not sufficient probable cause to bring the case to a successful <br />prosecution. At the request of the County Attorney, I have reviewed the initial materials <br />submitted, .along with additional materials which I received from the Ramsey City Police <br />Department and additional materials received from Mr. Boschee. A copy of all of these materials <br />is attached to this memo. <br /> <br />The relevant statute in this matter is Minnesota Statute 609.535, which states: <br /> <br />Subdivision 2 "Whoever issues a check which, at the time of issuance, the issuer <br />intends shall not be paid, is guilty of issuing a dishonored check and may be <br />sentenced as provided in subdivision 2(a). In addition, restitution may be ordered <br />by the court. <br /> <br />Subdivision 2a Penalties. (a) A person who is convicted of issuing a dishonored <br />check under subdivision 2 may be sentenced as follows: <br /> <br />To imprisonment for not more than one year or to payment of a fine of not more <br />than $3,000, or both, if the value of the dishonored check is more than $250; .... <br /> <br />Subdivision 3 Proof of Intent. Any of the following is evidence sufficient to sustain <br />a finding that the person, at the time the person issued the check, intended it <br />should not be paid: <br /> <br />Proof that, at the time of issuance, the issuer did not have an account with the <br />drawee; <br /> <br />Affirmative Action /Equal Opportunity Employer <br /> <br /> <br />