By Lori Ehde
A 37-year-old Hardwick man appeared in Rock County District Court last week on charges that he stole from the American Legion gaming accounts.
Dan "Cue Ball" Kern, also known as "Cue Ball," faces two counts of theft after a winter investigation revealed a $7,000 shortage in the pull tab fund at his bar and restaurant, the Green Lantern in Hardwick.
According to the complaint filed March 14 in Rock County District Court, local law enforcement executed a search warrant of the Green Lantern with the Alcohol and Gambling Enforcement Division of the Minnesota Department of Public Safety.
The agents and local officers found on Dec. 3, 2001, gambling and bar proceeds co-mingled.
When questioned, Kern said the games had been played, but instead of depositing money into the Hardwick American Legion gambling account, he had used the money to repay personal debt.
Kern acknowledged involvement in personal gambling and reportedly said he used proceeds from pull tab games to pay down personal debt resulting from gambling.
He said this had been going on for a year or more.
During that search warrant execution, agents seized money, completed pull tab games and pull tab games in play.
According to court documents, they also seized football boards and other items used for illegal gambling.
Kern estimated he owed the Legion around $3,800, but an audit by the Gambling Control Board identified $7,189 of gambling proceeds he had illegally retained.
On Jan. 8, Kern heard his Miranda rights and agreed to answer questions.
According to the complaint, Kern said he "got caught up in gambling and had trouble making ends meet."
Instead of depositing pull tab proceeds into the American Legion gaming accounts, he put it into the barÕs business account or forwarded it to a bookie in order to satisfy personal gambling debts.
His felony theft charges carry a maximum penalty of 10 years in prison and/or a $20,000 fine.
Kern has already been ordered in conciliation court to pay the Hardwick American Legion $6,222.60 in a Jan. 8 ruling.