The City of Kankakee and the Kankakee River Metropolitan Agency settled its federal civil lawsuit with former KRMA Executive Director Richard Simms and his daughter, Anna Simms.
All parties involved signed the agreement, which became final on Friday.
“The settlement agreement provides that the Simms will pay $100,000 and make bona fide efforts over the next three years to market the software to an independent buyer,” Kankakee Mayor Chris Curtis said in a statement.
“If efforts to sell the software are successful, a substantial percentage of the proceeds, after payment of taxes and costs, will go to the City and KRMA. If efforts to sell the software are unsuccessful, the Simms will be prohibited from profiting from it.
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“A federal criminal restitution judgment in the amount of $2,025,000 against Mr. Simms in favor of the City and KRMA in September 2021 remains in place.”
In addition to serving as Kankakee mayor, Curtis also serves as chairman of the KRMA board.
In November 2020, KRMA and the city of Kankakee sued Simms, his daughter, and the corporations they run, seeking to recoup funds that the two had fraudulently used to develop computer hardware they claimed as their own.
Federal authorities convicted Richard Simms in 2022.
A judge sentenced him to nine months in federal prison and two years of house arrest for stealing $2 million from the public coffers.
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Richard Simms, whose records show he lives in Marietta, Ohio, also was ordered to repay the estimated $1,257,000 improperly paid from Kankakee’s Environmental Services Utilities and $768,000 from KRMA from the time frame of October 2014 to April 2018.
KRMA is the region’s wastewater treatment plant.