CPS seeks assets of theft suspect who died 2 years ago

The Chicago Board of Education filed a civil lawsuit in hopes of recovering more than $500,000 allegedly stolen by a now-deceased North Side high school employee in an elaborate, decadelong fraudulent billing scheme.

The target of the lawsuit, Roberto Tirado, a former technology coordinator at Lake View High School, initially fled to California upon learning of the accusations against him, authorities said. He was subsequently found dead in January 2012 in a hotel room in Mexico, and there were no signs of foul play.

On Monday, the Board of Education, which operates Chicago Public Schools, sued in an effort to recover the money.

Because the body was found two years ago, Monday was the last day the board could have initiated the process to retrieve the money they believe Tirado took. A claim against a deceased person must come within two years of his or her death, according to probate law.

Tirado's death has made the process required to retrieve fraudulently obtained funds more complicated.

"It's often difficult to collect on a judgment when somebody is alive, so yes, the fact that he is dead, the fact that he had relations in another country, are all complicating factors," according to Marc Lane, a Chicago probate lawyer.

In the lawsuit, a lawyer employed by the board, James Vega, is named as the representative of Tirado's estate. Lane said the board employee has a right to represent Tirado's estate because nobody in his family stepped up to claim his assets in the two years since Tirado's death.

"You get all the way down the line, and the very last choice is a creditor of the estate," Lane said.

But the move angered Tirado's attorney, Kevin O'Rourke, who said the family should have been notified before an estate claim was opened.

"I believe the estate filing is improper," O'Rourke said. "Every time I do an estate, we send notice to everyone. We give them seven days' notice."

In the lawsuit, CPS is asking for the $534,224 that it alleges he stole, as well as 9 percent interest, plus an additional penalty that legally can't exceed three times the amount that he took. CPS also requested to be reimbursed for attorney fees and court costs.

"This gives them a shot at claiming $2 million plus rather than $500,000," Lane said.

If the board proves its case, it will have a right to initiate a search into any bank accounts and any other assets Tirado may have had. The board does not know if Tirado's estate has any money to recover. But if he used the money to buy a house or car, the board could try to claim those assets, Lane said.

Tirado's family, including his widow and his father, has declined requests for comment. However, Tirado's lawyer, O'Rourke, said the family was upset when a report was released by the CPS inspector general this month with accusations against the man.

Citing the inspector general's report, the board alleges that in his role as technology coordinator at Lake View between 2001 and 2011, Tirado lined up nine former classmates and students to pose as CPS vendors. Tirado made false purchase orders for $419,747 to the vendors from the district, as well as $114,477 in improper reimbursements on his personal American Express account, the lawsuit alleges.

Tirado resigned during the investigation, withdrew $70,000 from a personal account and told his wife he was going to California to visit one of the vendors, according to Inspector General Jim Sullivan.

Donna Kurzynski, a special education teacher at Lake View said Tirado was well-liked and that staff and students were surprised when rumors of the embezzlement started. O'Rourke has previously said Tirado was "a very nice kid" and has said his client denied any wrongdoing.

A official said CPS does not comment on pending litigation, and Sullivan, who recommended that CPS try to retrieve the funds, said that he is not engaged in the legal process.

The matter is expected in court Feb. 27.