WOODSTOCK IL. - Thomas J. Cynor, McHenry County Democratic candidate for State’s Attorney, called for an immediate end to the McHenry County State’s Attorney’s costly bad check program and promised to refocus the priorities of the Office of State’s Attorney on essential legal functions under his administration today.
Under the current county government bad check program the State’s Attorney’s Office, through employed Assistant State’s Attorneys and other government staff, attempt to collect on NSF and other passed bad checks on behalf of McHenry County merchants exclusively.
State’s Attorney Bianchi created the in-house government program on February 19, 2007, which has since serviced only about 100 clients in a county of over 300,000 residents.
“In an environment of raising property taxes and increased burdens on McHenry County taxpayers, it is counter-productive that State’s Attorney Louis Bianchi would be supporting a government program which winds up costing the taxpayers of the county thousands and thousands of dollars and provides a legal remedy to a select few. . . ” Cynor said. “While the taxpayers are paying for ASA’s salaries, staff and administrative costs of the program, it is only McHenry County merchants who are eligible to use the special government services.” Sadly, even these few exclusive clients aren’t even realizing a benefit. Big picture - this really is a lose, lose situation”
There is an alternative to the government bad check program. The Illinois Criminal Code provides a civil remedy for anyone who fails victim to a bounced or returned check. “This civil law alternative to the government bad check program is clearly the superior choice for both the merchants and residents of the county.” Cynor added.
Under Illinois civil law, any payee who receives a bad check can file suit and collect not only the face value of the check, treble damages and court costs but also attorney’s fees. Accordingly, it is the people who pass bad checks who pay for the collection costs when proceeding in the civil courts. Under the current government program run by SA Bianchi, fees and collection costs are severely capped by statute and ultimately the bulk of collection fees are paid by county tax payers.
“This really is a business or corporate welfare program where the government through the State’s Attorney’s office acts like a glorified collection agency,” said Cynor, “the problem is this is supposed to help McHenry County merchants, and in reality is leaving thousands and thousands of dollars uncollected from the people actually writing the bad checks.”
SA Bianchi has repeatedly distributed press releases expressing his satisfaction with his government program and boasting about the amount of money collected to date. All the information released to date, however, fails to make mention of the administrative costs of the program or the amount of attorney’s fees and treble damages left uncollected from offenders.
“In an era where more and more people are using debit and credit cards and more and more merchants are using check verification services, it simply doesn’t make fiscal and or legal sense to continue with a costly county government check cashing program.” Cynor said. “It’s time the State’s Attorney returned to basics and focused on prosecuting serious crimes and providing legal services to county officials.”


