Judge sentences Marion restaurant owner to three years probation for theft

CEDAR RAPIDS - A judge on Tuesday sentenced a Marion restaurant owner to three years probation for writing a $50,000 check from his business account to purchase a $49,500 money order at another bank, despite not having the funds to cover that amount.

Kong Bin Ni, 45, of Cedar Rapids, owner of Mandarin Spice Asian restaurant, 1412 Twixt Town Road in Marion, pleaded guilty in November to first-degree theft in Linn County District Court. Ni admitted during the plea hearing that he didn't have the funds to cover the money order on Jan. 4, 2016. He got the money order from U.S. Bank, which isn't the bank where he has his business account.

Sixth Judicial District Judge Christopher Bruns gave Ni a deferred judgment and three years probation, which the prosecution and defense recommended as part of the plea agreement.

Bruns said Ni was a 'rare individual” for a theft case because he can actually repay the money to U.S. Bank. Bruns noted that Ni has no criminal record, except for this financial crime, and if another sentence was imposed, it would prevent Ni from paying restitution.

Bruns pointed out that any violations of probation could result in his probation time being served in a residential facility, or the prosecutor could ask the court to revoke his probation, which could result in serving 10 years in prison, the penalty for first-degree theft.

Ni also was ordered to pay restitution, which is estimated at more than $20,000, but U.S. Bank has 30 days to submit the final amount to the court. Bruns asked Ni what he could repay each month and he agreed to pay $2,000, which Bruns included as part of the order. Ni also will pay a $1,000 fine and any court fees.

Ni declined to give a statement during sentencing, but his lawyer, Al Willett, told the court his client was remorseful for his actions and assured the judge that Ni would follow the conditions of probation.

Assistant Linn County Attorney Jason Besler said he agreed to the deferment and probation because Ni didn't have a record and because this isn't a typical theft case where many times a defendant does this and doesn't intend to cover the withdrawal.

'This was purely for his business, which he thought he could pay back within the bank required 10 days, but it's still theft,” Besler said. 'And it is unusual that he can actually pay back restitution.”

Ni, in a 2015 interview with The Gazette, said he moved to Cedar Rapids in 2003 and opened Osaka Japanese Steakhouse, but sold it in 2015 to concentrate on the Mandarin Spice restaurant. He emigrated from Hong Kong to the United States at age 17.

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