Outagamie County Judge WI Denies Request to Dismiss Charges in Fire Apparatus Case

Outagamie County (WI) Judge Mark McGinnis has denied a motion to dismiss charges against an Appleton man accused of stealing more than $1.4 million from four communities and truck parts suppliers.

David K. Moser, who owned Elite Power Products and Elite Fire Apparatus in Tilleda, is charged with seven felony theft counts of using money he received to produce fire trucks for his own personal use. His attorney filed a motion to dismiss the criminal complaint, saying it failed to provide sufficient evidence.

The complaint states Moser’s business received a combined $1.2 million in 2006 and 2007 from Bear Creek and other communities in New York, Massachusetts and Indiana to build fire trucks that were never delivered. Moser’s business also stopped payments on checks made out to two Wisconsin suppliers after purchasing engines and chassis for projects. The loss to these suppliers totals nearly $239,000.

Moser told police in 2009 he did not use “one penny” of the money from Bear Creek’s payments for personal use, the complaint states. Investigators found that a check drafted from the business account in which the Bear Creek payment was placed was used to pay a loan on a 65-foot motor yacht owned by Moser.

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