State mistakenly sent a check too big, now St. Paul man charged with theft

Last update: July 22, 2009 - 9:01 PM

Edward W. Oswald clearly didn't heed the adage that if it seems too good to be true, it probably is, according to documents filed this week in Ramsey County District Court.

A criminal complaint charging Oswald, 45, of St. Paul, with one count of felony theft tells this story:

Oswald, of St. Paul, and his attorney signed a worker's compensation settlement agreement with the Minnesota Department of Labor and Industry on Dec. 22, 2006. He was to receive $13,000 -- $10,200 after attorney's fees were deducted.

But instead, on Jan. 11, 2007, he mistakenly received a check for $55,571.65. He deposited the check in his bank account four days later and, over the next five months, withdrew and spent the whole amount, resulting in a negative balance of 94 cents.

The state Department of Labor and Industry didn't discover the error until an audit in October 2008, the complaint said. An investigator for the Minnesota Department of Commerce Insurance Fraud began looking into the matter then, but Oswald "has refused to respond to any request for an interview," the complaint said.

He was charged Monday by summons and is scheduled to appear in court Aug. 20, the court documents said.

Oswald could not be reached for comment Wednesday.

PAT PHEIFER

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