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For immediate release: Alex Murphy
  DCI Public Information Officer
Investigative Operations
Iowa Department of Public Safety
October 14, 2013 amurphy@dps.state.ia.us
(515) 443-3014 - cell
(515) 725-6189 - office

LOCAL ATTORNEY FACES FELONY CHARGES

Spencer, Iowa -- On Thursday, October 10th, 2013, arrests warrants were issued for 60 year-old Ney Mcdaniel, charging him with Ongoing Criminal Conduct, (Class B Felony), Theft in the First Degree, (Class C Felony), and Fraudulent Practice in the First Degree, (Class C felony).  Mcdaniel is a former contract defense attorney for the State of Iowa Public Defenders Office. 
In February of 2011, the Clay County Attorney’s Office contacted the Iowa Division of Criminal Investigation regarding billings submitted by Mcdaniel to the State Public Defenders Office. The Iowa Office of Auditor of State conducted an audit of Mcdaniel’s claims submitted from August 31st, 2007, to March 31st, 2011. 

In July of 2013, the State Auditor’s Office released the audit report for Mcdaniel which identified $177,755.36 of improper disbursement to Mcdaniel.  The State Auditor’s Office report included improper disbursements identified as $81,060.00 paid to Mcdaniel for 80 days for which he claimed 24 hours or more in a single day, $31,686.00 for 55 days which Mcdaniel claimed at least 20 hours, but less than 24 hours in a single day, $48,696.00 for 152 days which Mcdaniel claimed more than 15 hours, but less than 20 hours in a single day, and $10,176.00 for 113 days which Mcdaniel claimed more than 12 hours, but not more than 15 hours in a single day.  The audit did not include hours or disbursements paid for less than 12 hours a day.  The audit report also included improper disbursements of $6,137.35 of mileage claimed by Mcdaniel. 

The Iowa Division of Criminal Investigation’s Major Crime Unit and Iowa Financial Investigative Team conducted the investigation, along with the Iowa Office of Auditor of State.  The Iowa Attorney General’s Office will be prosecuting the case.   

It should be noted that a criminal charge is only an accusation and all suspects are considered innocent until proven guilty in a court of law.

Media contact:  SAC Mitch Mortvedt 402.650.7458
 

 

Note: A criminal charge is merely an accusation and a defendant is presumed innocent until proven guilty.

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