After their father died, sisters Helen Wolf Kemp and Rita Wolf Berg discovered the man trusted to manage his finances had stolen his savings and part of his funeral deposit.
"My father's worst fear was dying a pauper," Kemp said. "He died owing everybody."
In 1990, Duane Denlinger was charged with six counts of first-degree theft and two counts of second-degree theft, according to TH archives. The former Assistant Dubuque County Conservator was charged with stealing more than $100,000 from eight elderly clients, some of whom lost their life savings.
A conservator is someone appointed to manage the finances for those unable to do so for themselves, such as the elderly or disabled. When Denlinger was charged, he was no longer with the county, which had eliminated the position.
Denlinger pleaded guilty to one count of first-degree theft and was ordered to pay restitution to his victims, including more than $5,000 to the estate of Elmer Wolf, which included Kemp and Berg.
But more than 18 years after Denlinger was sentenced, he
iowa victim restitution |
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*Restitution is part of every convicted offender's sentence, but must be requested by the victim. It covers everything from a slashed tire to the funeral expenses for a murder victim's family. Prosecutors send a form to crime victims where they fill out any material expenses incurred from the crime. Unlike a civil case, "pain and suffering" cannot be claimed. *While a defendant is on probation, the probation officer is responsible for tracking payments. If a victim doesn't receive payments, they may call the offender's probation officer or the county clerk's office and ask for a hearing. At the hearing, a judge may decide to hold the offender in contempt of court, extend their probation or send them back to jail. *When the defendant is released from the court system, restitution orders act like a lien and prevent them from taking out a loan for a home or car. However, victims must turn to a private attorney, the small claims court or file the necessary paperwork to go after the payments or defendant's assets. Source: Iowa Attorney General's Office |
A victim restitution order is no guarantee victims will be fully compensated for expenses incurred from a crime, court officials say. Though a judge has the power to revoke a defendant's probation, a judge can't change the offender's ability to pay. Then, after they leave the court's supervision, victims must pursue civil action to recover funds.
Denlinger was sentenced to 10 years in prison on April 15, 1991, according to TH archives. He went straight from the Dubuque County Courthouse to the Iowa Medical and Classification Center in Oakdale, Iowa. He was released from prison on Aug. 19, 1992 and from the court system in March 1996, according to the Iowa Department of Corrections.
The TH was unable to reach Denlinger for comment.
Most of Denlinger's payments come from the state's offset program, Dubuque County Clerk of Court Clay Gavin said, after reviewing online court records. The program diverts money owed to an individual through a state income tax refund, vendor payment or lottery jackpot directly to the court.
With more than $150,000 ordered for restitution, Denlinger paid a small fraction of it.
So, why was he not compelled to pay?
"There are really no red flags that pop up," said Holly Elliott, the victim-witness coordinator for the Dubuque County Attorney's Office.
While a defendant is on probation, their probation officer is responsible for tracking payments. But even if they're not making payments and go to a hearing, a judge may not necessarily rule against them.
"In a perfect world, they make payments until they pay it off," Elliott said. "But we can't punish people for not being able to pay."
If the offender clearly has a good job but isn't making payments, the court could take action, she said. However, some defendants don't have the money or they have higher obligations. Restitution is paid before court costs and fines, but child support payments take precedence.
After the defendant completes probation, victims can hire a lawyer, go to small claims court or file the paperwork in an attempt to recover the money.
"Once in awhile someone will proceed on their own, but that's kind of rare," Gavin said. "It can be hard to find assets, such as bank accounts, from a criminal defendant. Very often, these are not people of means."
Even if the victim never gets paid, it doesn't mean the defendant is off the hook. The restitution order acts as a lien, preventing them from getting a loan for a car or home. Plus, any state income tax refunds or lottery winnings go to the victims.
By now, Kemp and Berg said they don't expect to see the money.
"We want justice," Kemp said.
