BORDERLAND

Ex-TPS official fails to reduce restitution

12/31/2013

A former Toledo Public School’s official convicted of stealing more than $650,000 from the district was denied another request to lower the amount he owes.

Dan Burns had asked for postconviction relief of the restitution he must pay TPS and others. The former TPS business manager was convicted in December, 2010, of engaging in a pattern of corrupt activity, theft in office, and tampering with records for his role in a scheme to defraud the district between 2002 and 2006. He was sentenced to 10 years in prison and ordered to pay $658,428 in restitution to TPS and the bonding companies that had reimbursed the district for nearly $600,000 loss.

Burns had argued he shouldn't have to pay the bonding companies, that he received inadequate legal counsel, and that he was not informed when he pleaded guilty of what he would owe. Burns unsuccessfully appealed his restitution amount before; the request for postconviction relief was a second attempt to reduce the amount.

A Lucas County Common Pleas court judge previously dismissed the request, and Burns appealed. On Monday, the Ohio 6th District Court of Appeals denied his request, saying he received adequate counsel and was well informed the amount he would owe would be about $650,000.