Defendant was found guilty of 19 counts of theft arising out of his misuse of his employer’s scheduling software, resulting in defendant being paid for hours he did not work. The trial court sentenced the defendant to three years’ probation and ordered him to pay restitution. On appeal, defendant argued that the use of the term “United States Currency” in the indictment created a fatal variance between the indictment and the proof at trial. Defendant argued that currency referred strictly to coins and bills, while the evidence at trial demonstrated that defendant received electronic funds transfers. The appellate court affirmed, finding that any variance created by the use of the term currency was not material and that defendant could not argue that the variance prejudiced him. (McLAREN and SCHOSTOK, concurring)
Illinois Appellate Court
Criminal Court
Indictment Variance