Gasser Filing Lays Out Further Charges in Lukasik-Millers Case Concerning Breach of Fiduciary Duty, Constructive Fraud and Asks Return of Spent Tax Dollars to Algonquin Township Road District

Andrew Gasser

Friday might just before midnight Algonquin Township Road Commissioner Andrew Gasser’s attorney Robert Hanlon filed his third revised case against Algonquin Clerk Karen Lukasik, Bob and Anna Miller.

Of the twenty-seven counts, six “seek damages against Robert Miller and Anna May Miller for Breach of Fiduciary duty.”

The seventh asks for “monetary damages from Robert Miller.”

The eighth addresses “constructive fraud and seek damages from Robert Miller.”

Count nine addresses accounting.

The facts, as outlined by Hanlon, include the destruction of electronic records, including all emails.

In addition, the filing says, “BOB used credit cards or convience cards of the
Road District to purchase items for his personal use.”

It talks about “schemes and artifices to convert funds of the Road District presented for payment from the Road District the full balance on the various cards issued to him the total balance shown on the respective cardholder statements were expensed to the Algonquin Township Highway Department.

Bob Miller

“However, numerous purchases were for women’s clothing (including skirts, purses/handbags/tote bags, blouses and non-uniform outfits) from various online retailers including but not limited to Prana, Lands’ End, Levenger, and Orvis.”

The motions references the American Express Premium Business Credit Card from which statements are “addressed to ‘Algonquin Twnshp Hwy Miller.'”

There is also a Capital One Credit Card Miller apparently used to purchase women’s clothing which was not found when Gasser took office.

Besides purchases usually made by women, the Disneyland ticket purchases is mentioned.

Gift card and Hooters meals are also referenced.

“An IPad Air 2 or an IPad Air 2 Smart Case” are confirmed in an email, but were not found by Gasser.

Rebecca Lee

The airfare  to New Orleans for the Millers’ daughter Rebecca Lee and her child paid by a Road District credit card is referenced.

“No employment record identifying Rebecca Lee or her minor child as employees of Algonquin Township has ever existed,” the brief states and the airfare “served no public purpose.”

Lukasik’s involvement in the suit is explained as follows:

“Prior to her election LUKASIK articulated that she intends to destroy various records of Algonquin Township. Lukasik’s statement was posted on Facebook and since the initiation of this lawsuit the Posting was Deleted from Public view.”

Count 1 – Breach of Fiduciary Duty against Robert Miller and Anna May Miller 

Hanlon states two elements must be alleged:

  1. a fiduciary relationship
  2. a breach of the duties imposed as a matter of law as a result of that relationship

Bob’s elective position and Anna May’s employment meet that requirement, the suit argues.

Disneyland and other personal purchases appear again.

Requested of the Court is

As a direct and proximate cause of the breach of the fiduciary duty detailed above, the Road District suffered an injury in that Road District funds were expended upon items of personal property by Bob and Anna May Miller.

WHEREFORE, Plaintiffs pray that this Honorable Court grant the following relief:

  1. enter judgment against Robert Miller and Anna May Miller in an amount to bedetermined at trial.
  2. For such other and further relief as this Court deems just and equitable.

Count 2 – Breach of Fiduciary Duty (Delivery of Salt to David Diamond by Bob Miller)

Illinois Railroad Museum

“The gift of the Road District’s salt to Dave Diamond is believed to have occurred between January 1, 2014 and May 1, 2017.

“As a direct and proximate cause of the breach of the fiduciary duty detailed above, the Road
District suffered an injury in that Road District assets comprised of two truck loads of salt were
given away by BOB.

WHEREFORE, Plaintiffs pray that this Honorable Court grant the following relief:

  1. enter judgment against Robert Miller in an amount to be determined at trial for the value of the two truck loads of salt given to David Diamond of the Illinois Rail Way Museum
  2. For such other and further relief as this Court deems just and equitable.

Count 3 – Breach of Fiduciary Duty – Expenditures on Gift Cards

“On or about June 8, 2008 BOB purchased $1250 of gift cards from the Barn Nursery using Road district credit cards which were in turn paid for with Road District money.

“On or about June 2, 2016, BOB purchased gift cards at a cost of $210 charging said gift cards to the
Road District financial accounts.

Bob did not memorialize in any Road District record who received the respective Gift cards or how
they were used…for unauthorized purposes.”

Again judgment against Robert Miller in an amount to be determined at trial is requested.

Count 4 – Breach of Fiduciary Duty – Giving Away Cellular Telephones

While Bob Miller was Road Commissioner, “the Road District acquired Cellular telephones associated with telephone numbers on the Road District Accounts. Those Cellular phones having been acquired at Road District expense and associated with the following telephone numbers:

(847) 878-1613
(847) 875-0548
(847) 343-3892
(847) 343-8732
(847) 343-3892
(224) 239-7852
(847) 970-0571

“At a point in time between BOB’s loss of the Primary election in 2017 and his departing office, BOB conveyed the cellular telephones owned by the Road District to various other persons in a breach of his fiduciary duty.

“BOB went further in the breach when he re-assigned the telephone numbers shown above in paragraph 101 to individuals including Derek Lee, and Andrew Rosencrans (Family members of Robert Miller).”

Recompense is requested.

Count 5 – Breach of Fiduciary Duty – Improvements to Miller Residence at Road District Expense

“On or about January 28, 2016, Robert Miller caused to be acquired with road district funds Blink cameras and had said cameras installed in his personal residence.

“The Cameras themselves had a cost of $299 to the Road District.

Anna May Miller

Despite demand to return said Blink Cameras, Defendants Bob and Anna May have retained the Cameras.

“Upon information and belief Defendants BOB and ANNA MAY caused to be expended from Road District funds the sum of $4,090 from Martenson Decorating on property not belonging to the Road District in the period of time between June 2013 and December 2016.

“The breach of BOB and ANNA MAY’s fiduciary duty to the Road District arose when BOB and ANNA MAY used Road District funds for improvements to their personal residence with the installation of the cameras and decorating services.”

Return of the money spent is requested.

Count 6 – Breach of Fiduciary Duty – Use of Road District Funds to Improve Non-Road District Property

“On or about June 12, 2013, and 9/10/2014 BOB caused to be expended with Road District funds repairs to property not owned by the Road District to Behm Paving totaling $13,644.40.

“Between 10/12/2014 and 5/17/2017 BOB caused Road District funds in the amount of 13,644.40 to be used to pay Birch for installation of communications equipment on property not owned by the Road District.”

Whatever the Court decides was spent, Gasser wants it returned to the Highway Department.

Count 7 – Conversion

“Between 1993 and 2017 Robert Miller prepared an annual report setting forth all of the liabilities of the Road District. In each and every one of those annual reports Robert Miller swore under oath that there were no liabilities of the road district related to un paid sick time.

“The financial audits commencing in 1994 and continuing to 2016 did not reflect any liability of the Road District associated with any claim of Robert Miller to unpaid sick time.

“In April 2017, Robert Miller caused Road District funds to be paid directly to him under a claim that he was entitled to unpaid sick time.

“On or about January 16, 2018, Robert Miller, via his counsel articulated that he was not entitled to payment of the $47,381.84 payment by the Road District and that it was an  error in which he actually had a claim against Algonquin Township general town fund. See paragraph 2 of Miller’s Motion to Correct Record filed 1/16/18.

“By way of the admission of Robert Miller in his 1/16/2018 filing, The Road District is entitled to the return of the $47,381.84 payment Miller contends was paid to him in error.

“Plaintiffs made demand upon Robert Miller to return the payment (which Robert Miller acknowledges was in error) referenced above in paragraph 122.

“The Road District has a right in the property being the $47,381.84 erroneously paid to Robert Miller.

“The Road District has a right to the immediate absolute and unconditional possession of the $47,381.84 [plus interest].”

Count 8 – Constructive Fraud

“Robert Miller was elected Highway Commissioner in 1993 or thereabouts.

“Between 1994 and 2017 Robert Miller prepared a sworn annual report setting forth all of the liabilities of the Road District. In each and every one of those annual reports Robert Miller swore under oath that there were no liabilities of the Road District related to unpaid sick time associated with any claim BOB may have had. A fiduciary relationship existed between Robert Miller and the Road District.

“The financial audit reports commencing in 1994 and continuing to 2016 did not reflect any liability of the Road District associated with any claim of Robert Miller to unpaid sick time.

“In April 2017, Robert Miller caused Road District funds to be paid directly to him under a claim that he was entitled to unpaid sick time.

“Within this pleadings of this Case, Robert Miller acknowledged that he was not due any funds from the Road District for his unpaid sick leave and that there was an error in the payment by the Road District to Robert Miller in the amount of $47,381.84

“Plaintiffs made demand upon Robert Miller to return the payment (which Robert Miller acknowledges was in error) referenced above in paragraph 122.

“The Road District has a right in the property being the $47,381.84 erroneously paid to Robert Miller.

“Robert Miller accepted the fruit of the constructive fraud by continuing to retain the money he acknowledges was paid to him in error.

“Bob was aware of the breach of his fiduciary duty at the time he accepted the $47,381.84 payment because he had just completed a highway commissioner report which did not list the liability owed to him only days before claiming the funds.”

Count 9 – Accounting

This count will be covered tomorrow.


Comments

Gasser Filing Lays Out Further Charges in Lukasik-Millers Case Concerning Breach of Fiduciary Duty, Constructive Fraud and Asks Return of Spent Tax Dollars to Algonquin Township Road District — 22 Comments

  1. Clearly, this clan was all about the swindle of the taxpayers. What kind of human does this? And what kind of person could possibly ever make excuses for this behavior? It boggles the mind!

  2. And Melisa Victor has the audacity to claim in the NWH that Hanlon is trying to rob the township.

    So listen up ignorant Victor, you may need your pal Rebecca when this is over with.

    Does Victor even know what her powers are as a Trustee?

    Why is Jim Kelly doing a 180 on his previous positions.

    Under Bob, he was all about commanding the board.

    Kelly’s represents who?

    Bob, the current board, the Road Dist?

    The newspaper reported a quote from the appellate court.

    That quote doesn’t get to be

  3. No problem, Abe. We can all just cough up an extra $51,000.00 each. Problem solved. Nice to know that someone has it all figured out.

  4. If the McH Co States Atty continues to turn a blind eye to this, can’t the FEDS prosecute based on Mail Fraud and Tax Evasion?

  5. Can anyone tell me why no real charges have been brought against him?

    If any of this is correct, there should be actual charges and afterward people sitting in jail.

    Are the people who should be investigating and leveling charges on the take from this and don’t want to expose themselves?

  6. All you folks clamoring for a lynching should probably check the court files to get the real story…I understand that Mr. Hanlon is now filing his 4th amended complaint….other than gouging taxpayers, is something going to come of all this….I

    am concerned that the employees who were fired will get back pay, attorney fees and 150 will get there attorney fees which could be in the millions.

    Maybe there is a reason for inaction on the part of the Grand Jury!

    As an Algonquin Township taxpayer, I am very concerned.

  7. Gee, what happened to the Strate’s Attorney’s Office and Kenneally.

    Is he off to Disneyland, too?

  8. I truly believe people will be shocked when they find out the depth of the shenanigans. Kirk has even hinted at it. When you are uncovering huge graft, subterfuge, and misdirection, I don’t think reading through court cases is going to tell you much. Pure evil is not going to be revealed by any court system.

  9. As I understand the way this works – The SA investigates and gives the results to the FBI or perhaps the Attny Gen.

    HE WOULD NOT BE THE ONE to proceed with it.

  10. There was a seemingly similar credit card situation in the Metro East part of the state where the U.S. Attorney indicted the city librarian

  11. @jani

    You DON’T understand it correctly.

    The state’s attorney has the authority/responsibility to prosecute all violations of state laws committed in McHenry County. He also has absolute discretion and the only recourse we have is to vote him out of office next election.

    The US Attorney can prosecute only for violations of federal statutes which would be investigated by the FBI, IRS or Postal Inspectors.

    The IL Attorney General could also bring criminal charges as a result of state law violations.

    Federal investigations are rarely acknowledged until such time as a grand jury indictment is handed down. For all we know they may well be the lead on this case since the Miller’s were so heavily involved in local politics.

    I would rather see the Feds handling this.

    Miller’s clout, if any, won’t help him in Federal Court.

    If the Feds ARE handling this, Kenneally would be taking a back seat and watching AND keeping his mouth shut so as not to create any problems for the Federal prosecution.

    If/when this hits, Miller will feel and look as if he’d been hit by a truck.

    A very LARGE truck.

  12. This would be a great opportunity for Lisa Madigan to go out with a bang.

    The Miller crew represents some seriously low hanging fruit, and Lisa wouldn’t even have to cross any of her Daddy’s pals if she went after them.

    She made public corruption one of here main campaign issues, and she certainly understands it, having been raised by a true master of the art, but she has so far showed a reluctance to do anything about it.

  13. It’s a pretty rare occasion when the state AG will come into a county to prosecute a criminal activity that is confined to that county unless there is a conflict or they are invited.

    They can do it, but they don’t.

    I’m still thinking that the Feds are working this and Kenneally has backed off to give them all the room they need.

    If that’s the case, it’s a win win for everyone but the Millers and any who may be found to be co-conspirators.

    Kenneally and Prim don’t have to make any enemies, if the Feds do indict, there won’t be much for the defendants to do but plead out.

    The US Attorney typically doesn’t bring charges he can’t make stick in court and federal judges don’t worry about popularity contests since they have lifetime appointments.

  14. And what feds would those be, John? P

    erhaps you didn’t notice the last merry-go-round with “feds” in this county.

  15. It may be the criminal charges will follow the civil charges.

    The criminal charges have some time yet before they must be brought and, often, civil proceedings are enlightening for criminal investigators.

    The Millers are on the radar.

    The process for anything governmental isn’t ever efficient but eventually the legal process grinds through to a conclusion.

    This is interesting to talk about but to expect anything to appear publicly about ongoing investigations isn’t realistic or productive.

    Call the SA with any information you may have about the Millers.

    Other than that don’t expect any reports til the indictments.

  16. The Illinois Attorney General’s Office has a Public Integrity Bureau that is supposed to be dedicated to prosecuting corrupt public officials in Illinois, but they haven’t been very busy during Lisa’s tenure.

    Too many of their potential targets might have connections to you know who.

  17. I just want to say thank you to Mr. Gasser.

    He fixed our bridge.

    The bridge was a broken and he inherited a no win situation perfectly designed by career politicians who lived high on the hog off of all of us, the taxpayers.

    So many of us are thankful for the work he has done both on the roads, with his transparency efforts to expose the records, the way he handles himself at meetings (compare him to the crazy clerk and the lost trustees, and yes with his legal bills fighting the corrupted system that was left for him to endure.

    Keep your chin up Mr. Gasser.

  18. Gasser has done more for this township than the miller gang of thieves c b yes fee’s ate stacking up, but we will recoup all funds, lock up the millers,

  19. How could that fail?

    Hey Wondering, I know you have lofty goals and all of that … but how will the “funds be recouped” and what charges would you like to file on the Millers?

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