Spencer Daily Reporter: Local News: Rural Everly man's sentencing delayed (12/09/08)

Sentencing will take now take place place at 10 a.m. Monday, Dec. 15, at the Emmet County Courthouse in Estherville for a rural Everly man suspected of mishandling transactions during his role as a bank administrator.

A Clay County jury found 40-year-old Shane Habben guilty of one count of second-degree theft and two counts of forgery on Oct. 2. Jurors returned their verdict about four hours after receiving the case.

Habben was originally going to be sentenced at 10:30 a.m. Monday at the Clay County Courthouse.

Each of the three Class D felony counts carries a maximum 5-year penalty. The judge could substitute a fine of up to $7,500 for prison time. The most Habben could get is 15 years of prison and he could theoretically stay out of prison altogether.

The county attorney's office looked into charges of misconduct, which took place between July 13, 2004, and November 2006 at State Bank in Spencer.

The second-degree theft charge was filed after bank officials learned that Habben used another person's identity to successfully bid $2,500 for a repossessed Oldsmobile Bravada. He then sold the repossessed vehicle for $3,000 and kept the $500 difference.

In one forgery count, Habben signed another person's name to a loan extension. Jurors were told Habben didn't want to explain to his bank board why the loans were not being paid.

Habben apparently also forged the signature of a Spencer businessman to a guaranteed loan for the businessman's son. The forged signature was discovered by the businessman and was found in Habben's loan file.

Houchins dismissed a third forgery charge at the start of the proceedings and before a jury was seated on Sept. 24. Judge Don Courtney presided over the jury trial.

We're prosecuting for $500? Is this for real?

-- Posted by tastic on Tue, Dec 9, 2008, at 5:42 PM

No, we are prosecuting so this clown doesn't take out a loan in your name..........

-- Posted by mistert on Wed, Dec 10, 2008, at 8:06 PM

seriously this is why we have so much crime cuz people that get in trouble dont get their full punishment. when some one breaks the law they should get the max.a jury decided this case and they lost money due to missing work.He needs prision time so he can sit and think about what he did.

I dont care if it was 500.00 dollars or .5 cents it was a crime. He was in charge of alot of peoples money and alot of those people trusted him, and he should be very ashamed.

He broke commandments and knew he was doing so.

And this is why people shouldnt think they are better than the next just because they have a title at there job and they make great money cuz look where greed gets you.

always stay true to yourself and you will go far in life!!!

-- Posted by sharkman on Thu, Dec 11, 2008, at 12:29 PM

I feel sorry for the sharkman and mistert because they don't know the whole story. Look in the mirror first before you cast the first stone!

I hope that all the employees at this little bank in Spencer cross their "T's" and dot their "i's" or they may be next in line...

-- Posted by sharkloser on Tue, Dec 16, 2008, at 9:59 AM

tastic-$500 and signing someone else's signature. I sure wouldn't want a bank signing my name to secure a loan for anyone, including my own kid, without me knowing about it!

sharkloser-doesn't matter what the 'whole story' was. It still happened and it must be handled in such a way as the law outlines.

-- Posted by jusamom on Tue, Dec 16, 2008, at 1:57 PM