Oct. 02--A former technology manager for the Forest Preserve District of DuPage County was found guilty Thursday on numerous counts of unlawfully participating in government contracting and one count of official misconduct, while a computer services vendor charged alongside him was acquitted.
A judge convicted David Tepper for failing to disclose his business relationship with an outside vendor who won a forest preserve telephone contract. Tepper was found guilty on 29 counts of unlawful participation along with the misconduct count.
However, Judge Liam Brennan acquitted Tepper, 51, of River Forest, on numerous other counts related to a separate contract the district had with another vendor. The vendor, Arif Mahmood, 39, of Glendale Heights, was acquitted on two remaining felony counts he faced.
Brennan had dismissed dozens of counts against the pair at the midpoint of their trial last week. Tepper had originally been charged with 142 felony counts, which the judge reduced to 69. Brennan dismissed 38 of 40 counts against Mahmood after the prosecution case
After the rulings, Tepper's attorney, Terry Ekl, called it, "The most grossly overcharged case in the history of DuPage County."
Prosecutors originally charged Mahmood and Tepper with theft and kickback counts, alleging that Mahmood won a district contract to provide computer services and then funneled money to Tepper and his district boss, Mark McDonald, via a private side business Tepper owned.
But the judge said the evidence showed that Tepper's side company provided legitimate services to Mahmood and there was no evidence Mahmood gained an illegal advantage through the consulting work he gave to Tepper's business.
However, the judge did find that Tepper violated the law when he received commissions from a separate vendor who won a forest district phone service contract.
Tepper acted as an agent and received commissions on the phone contract, but did not disclose the relationship to the district. Two district officials testified at trial that the relationship, had it been known, might have caused the district to not enter into the contract.
Tepper, the judge said, acted "with intent to defraud" when he stayed mum about his outside interests.
"If Tepper discloses the relationship to the agency and the forest preserve went ahead, no one could argue intent to defraud," the judge said.
The judge admitted that there is no case law in Illinois that better defines "intent to defraud."
Ekl said he would appeal and argued that because the district received the services for which it contracted and at a fair price, there was not intent to defraud. The attorney said Tepper's actions were not advisable, but they did not violate the law.
Tepper is due to appear in court again later this month for a posttrial hearing, but a sentencing date has not been set.
McDonald was also charged in the case and is awaiting trial.
Clifford Ward is a freelance writer.
