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No charges in fair check case

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By Jeff M. Hardison

Eighth Judicial Circuit State Attorney Bill Cervone said on March 14 that his office would not prosecute Bob Levesque for check fraud in regard to an instance four months ago.

Levesque was the president of the Levy County Fair Association when he wrote a $2,000 check on the association's account to cover a payment due to Robinson's Racing Pigs. He wrote the check on Nov. 13, 2007, according to the victims.

Restitution was made to pig owners Randall and Sharon Ross of Fort White, Cervone said.

Although making restitution to victims of a worthless check is not a defense, it is a compelling circumstance to forego prosecution, Cervone added. Cervone said there is no statutory time limit for restitution, within when it must be made. His office weighs various factors before deciding whether to prosecute worthless check allegations.

A key element in his choice not to prosecute Levesque, Cervone said, is the sheer volume of bad check cases.

Another factor is the requirement for the prosecutor to prove intent to defraud, he added.

"Bad management is not criminal intent," Cervone said.