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Published April 11, 2013, 02:32 PM

Prosecutors, lawyer argue over N.D. bank fraud sentence

The lawyer for a former North Dakota bank executive convicted in a fraud scheme is sparring with prosecutors about potential financial penalties.

FARGO, N.D. (AP) — The lawyer for a former North Dakota bank executive convicted in a fraud scheme is sparring with prosecutors about potential financial penalties.

Sixty-seven-year-old Betty Kolling, a former trust officer at Bank of the West in Dickinson, pleaded guilty a year ago to conspiring to commit bank fraud. Investigators say she stole nearly $800,000 from five clients.

A court document filed by defense attorney Irv Nodland says the plea agreement calls for Kolling to pay back $790,000 for victims' losses, known as restitution, but she should not be required to surrender other assets, known as forfeiture.

Prosecutors say any sentence that does not include restitution and forfeiture would be illegal.

Sentencing hearings for Kolling and her husband, Walter, who also pleaded guilty to bank fraud, are scheduled Friday in Bismarck.

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