Defendant:
Maust-Minske, Jana Marie


DOB:
06/11/74

General Information
Agency:
Brainerd Police Department
Date Filed With Court:
Ticket Number:
First Court Appearance Date:
ICR Number:
14011127
Action:
Court File Number:
18-CR-14-3907
Case Number:
CR-2014-3541
Date of Sentencing:
09/22/2023
County Referred To:
Court Dates
Probation Violation Hearing on 09/03/2024 at 02:00:00 PM-Held
Probation Violation Hearing on 07/24/2024 at 08:30:00 AM-Held
Probation Violation Hearing on 07/09/2024 at 08:30:00 AM-Held
Probation Violation Hearing on 06/17/2024 at 08:30:00 AM-Held
Review Hearing on 09/22/2023 at 01:30:00 PM-Held
Hearing on 06/10/2019 at 09:00:00 AM-Held
Restitution Hearing on 01/20/2016 at 09:00:00 AM
Sentencing Hearing on 09/17/2015 at 09:00:00 AM
Jury Trial on 07/07/2015 at 09:00:00 AM
Hearing on 07/06/2015 at 09:00:00 AM
Jury Trial on 06/22/2015 at 09:00:00 AM
Jury Trial on 04/27/2015 at 09:00:00 AM
Omnibus Hearing on 01/13/2015 at 09:00:00 AM
Omnibus Hearing on 12/15/2014 at 01:30:00 PM
Omnibus Hearing on 11/19/2014 at 09:00:00 AM
Charges
Network activity Icon
Count ONE-Theft-By Swindle
609.52 Subd. 2(a)(4)(Felony)
Convicted
Network activity Icon
Count TWO-Theft-By check
609.52 Subd. 2(a)(3)(i)(Felony)
Dismissed


Probable Cause

On August 13, 2014, Investigator Katzenberger spoke with Krista Dunbeck at Mid Minnesota Federal Credit Union(MMFCU). Dunbeck reported that 3 different MMFCU members had received NSF checks from an individual named Jana Minske from a 1st Convenience Bank of Texas bank account. The three members were identified as Austin Minske(Jana's son), Elizabeth Baier (Jana's mother) and Kristen Willemsen. The checks issued were the following:

To Austin Minske
7602 $500 7/09/14
7603 $500 7/10/14
7604 $800 9/12/14 (dated believed to be 7/12/14)
7605 $500 7/13/14

To Elizabeth Baier

7527 $5000 12/08/13

On 8/18/2014 at approximately 1810 hours, Kristen Michele Willemsen called the Brainerd Police Department to report two checks which had been returned to her account with non-sufficient funds and as a result, her bank account had been "frozen." Mid-Minnesota Federal Credit Union advised her to report the matter to police. Sgt. Joy Larson telephone Willemsen. Willemsen stated an acquaintance of hers, who banks in Texas, needed cash and requested Willemsen cash two checks from her to obtain cash here in Minnesota. The acquaintance, identified as Jana Marie Maust-Minske, 6/11/1974, wrote two checks: Check #7600 written on 7/8/2014 for $1,500 and Check#7601 on 7/9/2014 for $1,200 from account # 7324799. The checks were written on First Convenience Bank of Texas, located at 1216 Junction Highway, Kerrdille, TX 78028. The bank routing number is 111906271.

Willemsen cashed the checks and gave the money to Maust-Minske. The money was reportedly needed for some legal trouble Minske's son had gotten into and to obtain money to repay another loan. This turned out to not be true and Willemsen never would have cashed the check for Maust-Minske if it weren't an emergency. Willemsen was subsequently advised by the bank that the checks were returned for non-sufficient funds. Sgt Larson advised Willemsen to bring the original checks to the police department.

On 09/08/14, Kristen Willemsen came to the Brainerd Police Department. Willemsen had previously provided Sergeant Larson with copies of two checks she received from her now former friend, Jana Marie Maust-Minske, AKA Jana Baier, AKA Jana Minske. Willemsen informed Investigator Kleffman of the same details she informed Sergeant Larson, including that Maust-Minske requested to borrow money from Willemsen because Maust-Minske's son was in legal trouble and she also needed money to repay a different loan. Willemsen agreed to receive a check from Maust-Minske and cash it because Maust-Minske's bank was out of Texas and she could not access the money soon enough. Willemsen said she was out $2700.00 for cashing check #7600 written out to Kris Willemsen on Jana Maust-Minske's account for $1500.00 on 07/08/14 and cashing check #7601 written on 07/09/14 to Kris Willemson for $1200.00. Willemsen said the money from these checks was provided to Minske. The checks later came back non-sufficient funds (NSF) so Willemsen is out the money. Willemsen said she has tried to contact Maust-Minske and Maust-Minske has told her via text message that she would make good on the NSF checks but now is not returning Willensen's calls and Willemsen is out the money.

Willemsen also reported that her friend William Johnson was also swindled out of approximately $18000.00 by Maust-Minske in the same time frame. On 09/08/14, Investigator Kleffman went to Johnson's residence and obtained a taped statement from him. Johnson described Maust-Minske as a family friend that he has known for approximately ten months. Johnson said in May 2014 Johnson was in a treatment facility and Maust-Minske visited him. Maust-Minske requested to put a $2000.00 check into his account then use Johnson's ATM card to access the money from the check she deposited. Johnson agreed to let her do this and did provide Maust-Minske with his ATM card to
withdraw $2000.00 after she deposited a check written to Bill Johnson for $2000.00 into his account. Johnson said he did this because he trusted Maust-Minske and Maust-Minske said she did not have a bank account in Brainerd so she couldn't cash a personal check.

Johnson said also when he was in the treatment facility Maust-Minske persuaded him to give her $8000.00 two separate times because she said she was in a fight for custody of her grandchild and needed an attorney. Maust-
Minske manipulated Johnson by convincing Johnson that her husband in Texas had recently died and she had money coming to pay Johnson back. Johnson later learned Maust Minske did not have a husband who recently died and did not need the money for a custody fight. Maust-Minske's checking account is from a bank in Texas which has no money in it.

On 09/24/14, Maust-Minske did come to the Brainerd Police Department. Investigator Kleffman had a tape recorder on and read Maust-Minske the Miranda warning in which Maust-Minske did not request an attorney and agreed to provide a statement. During the statement, Maust-Minske acknowledged writing the NSF check numbers 7600 and 7601 to Kris Willemsen and realized there was no money in the account. Maust-Minske said she did borrow $1000.00 from her friend Audrey Huber to pay Willemsen back. Maust-Minske said she and Huber went to Johnson's residence when Johnson and Willemsen were there and gave Willemsen $1000.00 cash back for writing the NSF checks. Maust-Minske said Huber gets assistance and was able to borrow her $1000.00 to pay Willemsen. Maust-Minske also added that Willemsen was aware that her checks were NSF and that Willemsen also took some of the money from the NSF checks including going shopping together at Kohl's. Maust-Minske estimated approximately $700.00 of the first $1500.00 check was given to Willemsen.

On 09/24/14, Investigator Kleffman called Audrey Huber and had a tape recorded telephone conversation with Huber. Huber said she went to Johnson's residence with Maust-Minske and did give Maust-Minske $1000.00 to give to Willemsen because of Maust-Minske writing NSF checks to Willemsen. Huber said Maust-Minske is her friend and Maust-Minske should be paying her back. Huber called Investigator Kleffman to say she lied during her conversation with Investigator Kleffman the previous day. Huber apologized and said Maust-Minske told her to lie to Investigator Kleffman if Investigator Kleffman called her. Huber said Maust-Minske told Huber to tell Investigator Kleffman that Huber was with and witnessed Maust-Minske give Kristine Willemsen a $1000 to pay back for the NSF checks Maust-Minske wrote to Willemsen. Huber said she did give Maust-Minske $1500 to give William Johnson because Johnson loaned Huber the money before that. Maust-Minske was supposed to give it to Johnson but did not. Huber said Maust-Minske has manipulated and taken advantage of Huber a lot in the past and continues to do so.

After talking to Huber, Investigator Kleffman then called Kris Willemsen. Investigator Kleffman informed Willemsen that Maust-Minske was claiming that Maust-Minske paid Willemsen $1000.00 for the NSF checks and that Huber was present. Investigator Kleffman also informed Willemsen that Huber said she borrowed Maust-Minske $1000.00 and was there when Maust-Minske paid Willemsen $1000.00. Willemsen told Investigator Kleffman, “That is a total lie” and said that never happened and it is not true. Willemsen said Huber is a friend of Maust-Minske's and is lying for Maust-Minske.

Investigator Kleffman then called Johnson and asked Johnson if he remembers Huber coming to his residence with Maust-Minske and Maust-Minske giving $1000.00 of Huber's cash to pay Willemsen back for the NSF checks. Johnson
said that was not true and the time that Audrey Huber did come to Johnson's residence, Huber was able to convince Johnson to loan Huber $2000.00 so Huber could pay her probation fine for her recent theft charges. Johnson said he is out $2000.00 because of Huber also manipulating him into thinking Huber would pay him back the $2000.00 she borrowed from him as well as the $18000.00 he is out from Maust-Minske. Johnson said neither he nor Willemsen have received any of the money back that Maust-Minske and Huber have persuaded him to give them based on lies.


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