A man who sought release from jail pending trial after being accused of stealing $1.9 million from an elderly woman in Cary had his request denied by an appeals court.
The Cary Police Department received a report on August 26 of a person stealing money from an elderly family member.
The suspect, Douglas Boncosky, 54, of Barrington, was named power of attorney in 2018 over an 80-year-old woman, according to Cary Deputy Police Chief Scott Naydenoff.
The victim, who is a family member of Boncosky, resides in Cary.
Detectives began an investigation and determined that Boncosky unlawfully wrote numerous checks to himself and his business, Americas Best Bath Company, from the victim’s account, Naydenoff and prosecutors said.
He also unlawfully transferred funds to himself and his business from the victim’s account, Naydenoff said.
Naydenoff said evidence obtained showed an estimated $1.9 million was stolen and used by Boncosky for personal gain.
The case was reviewed by the McHenry County State’s Attorney’s Office, which in October approved charges of aggravated identity theft, theft exceeding $1 million, financial exploitation and forgery.
The most serious charges against Boncosky are Class X felonies, which carry six to 30 years in prison.
Boncosky was arrested in late October by the Cary Police Department and transported to the McHenry County Jail.
While the charges by themselves are non-detainable under Illinois’ SAFE-T Act, prosecutors filed a petition to detain Boncosky pending trial under the premise of him being a willful flight risk.
McHenry County Judge Michael Coppedge granted the petition to hold Boncosky during a hearing following the arrest.
The judge found that Boncosky had obtained “substantial assets” from the theft and had taken steps to change communication information.
McHenry County Assistant State’s Attorney Shelby Page said during an initial hearing that the 74-year-old victim is in a memory care facility and Boncosky was in a position of trust over the woman, who is a family member.
Page argued Boncosky was a willful flight risk as he sold his business and his home and indicated he was going to move to Florida.
He also changed his phone number and indicated he intended to change his name, Page said.
Boncosky filed an appeal of the detention ruling to the Illinois Second District Appellate Court in November.
Boncosky argued that the circuit court erred in finding that prosecutors met their burden of showing that no conditions could mitigate his real and present risk of willful flight.
Earlier this month, the appeals court released an order and affirmed the lower court’s ruling, saying that the circuit court did not err in finding that no conditions could mitigate his real and present risk of willful flight.
Boncosky remains held in the McHenry County Jail and is scheduled to appear in court again on Tuesday.