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MADISON — Attorney General J.B. Van Hollen announced that on March 28, 2014, Milwaukee County resident James D. Gardetto was convicted and sentenced for the crime of false swearing, a misdemeanor, under Wis. Stat. § 946.32(2). During the sentencing, the Honorable Judge Lloyd V. Carter heard statements from the parties and then sentenced Gardetto to the maximum sentence of nine months straight time incarceration, without any release privileges.
According to the criminal complaint, James Gardetto obtained a television from a consumer under the auspices of his electronics repair business. Gardetto refused to return the television, so the consumer began a lawsuit. At trial in that lawsuit, James Gardetto testified that he did not know where the television that he took from the consumer’s home was located. However, a search warrant was subsequently conducted and the television was found to be in Gardetto’s custody.
The charge is the result of an investigation by the Wisconsin Department of Agriculture, Trade, and Consumer Protection (DATCP), the Waukesha County Sheriff’s Department, the Wisconsin Department of Justice -- Consumer Protection Unit, and the City of Cudahy Police Department. Chapter 950 victims/witness services were provided by the Waukesha County District Attorney’s Office. Assistant Attorney General Eric D. Défort represented the State of Wisconsin as the special prosecutor in this prosecution.
A copy of the criminal complaint is available here.