Trial Set For Former N.D. Agent Accused Of Theft

March 13--A former Dickinson insurance agent accused of withdrawing thousands of dollars from a client's account without their permission in 2009 will face five felony theft of property charges in an April trial.

The prosecutor, Assistant Attorney General Jon Byers, said Tuesday at a pretrial hearing at the Stark County Courthouse in Dickinson that he sent the defendant, Scott Biggs, a plea offer last month, but the offer was not accepted.

"But I would be willing to consider any defense recommendations," Byers said.

Judge Zane Anderson asked Tuesday if extending the deadline for a plea offer would help in resolving the case, but Irvin Nodland, Biggs' attorney, said his client does not intend to plead guilty to the charges and plans to take the case to trial, which is scheduled for April 3-5 in Dickinson.

Biggs pleaded not guilty at a preliminary hearing last year to five counts of theft of property, including four Class B counts and one Class C felony count, for allegedly withdrawing $30,000 from a client's trust account without the client's knowledge Sept. 11, 2009, according to a June 27 cease and desist order signed by State Insurance Commissioner Adam Hamm.

When the client attempted to withdraw money from the account, Biggs allegedly advised him that the IRS had frozen the accounts, according to the complaint.

The insurance agent is accused of issuing two cashier's checks from the client's savings account Sept. 14, 2009, according to the affidavit. The first check of $23,522 was paid to a credit card in Biggs' name while the second was written for $5,805 to purchase three gold coins, according to the document.

Nodland said he felt it would take four days to try the case, and Anderson said the court would find a fourth day if necessary.

Biggs was charged with four counts of Class B felonies, each of which carry a maximum penalty of 10 years in prison and a $10,000 fine, and one count of Class C felony, for which he could be sentenced to a maximum of five years in prison and a $5,000 fine if he is found guilty.

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