Former Lynchburg treasurer pleads guilty to theft in office
Lead Summary
By
Brandy Chandler-brandychandler@gmail.com
A former treasurer for the village of Lynchburg pleaded guilty Friday to two counts of theft in office.
In Highland County Common Pleas Court Friday before Judge Rocky Coss, Angelique Balon pleaded guilty to the two counts of theft in office. As a result of the agreement, the state dismissed the third count be dismissed.
Balon could receive a maximum of six and a half years in prison, according to Coss. The state is recommending Balon be sentenced to 1 year in prison on the first count, and three years in prison on the second count, to be served consecutively, for a total of six years. However, the state would not oppose judicial release after six months.
The state is also recommending Balon pay full restitution, of which a dollar amount will be determined prior to sentencing.
As part of the statute, Coss said that he is required to order repayment of all the audit costs.
Balon was indicted by a grand jury in Highland County Common Pleas Court on Sept. 17, on three charges of theft in office, two of which are felonies of the third degree; and one of which is a felony of the fourth degree. The third-degree charges alleged that Balon "Recklessly commit(ted) a theft offense ... and the property or services involved is owned by the state, another state, the United States, a county, a municipal corporation, a township or a political subdivision ... the value of said property being greater than $5,000." On the fourth-degree felony charge, the allegations are that the theft was in an amount greater than $500 but less than $5,000.
During the plea hearing it was stated that in the first count against Balon funds were taken from a payroll account, and on the second count funds were taken from a utilities account.
According to a civil suit filed against Balon, the village of Lynchburg that alleges "as a direct result of defendant's actions ... (the village) has incurred audit expenses and investigatory costs of $92,450 charged to the village by the Ohio Auditor of State."
The village has asked the court that it be "granted judgment in the amount more than $25,000 for conversion of money and judgment to recover the state auditor and investigatory costs, together with interest, reasonable attorney fees and the costs of this action."
Village solicitor Fred Beery said that Balon resigned from her elected position as treasurer in January 2009.
Coss accepted Balon's plea, and scheduled a sentencing hearing for Jan. 19 at 9 a.m. Bond was continued and Balon will be under the supervision of the Highland County Adult Probation Department.
Balon was represented by attorney David Pence, who Balon had retained, and the state was represented by Highland County Prosecutor Jim Grandey.
Grandey told the Highland County Press following the hearing that he had spoken to Beery and the investigator from the state auditor's office prior to the hearing and "they were OK" with the plea.
Lynchburg Mayor Jeremy Shaffer did not immediately return calls Friday seeking comment.
A report filed by the state auditor's office for the time period of Jan. 1, 2006 through Dec. 31, 2007 showed 12 findings of material noncompliance, weakness and deficiency, including: "The village's elected officials were not properly compensated during the audit period. The village council sets the salaries for the mayor and clerk respectively. These salaries should be paid in equal payments over a 12-month period. However, in both years of the audit neither the mayor nor the clerk was paid the amount established by council. The mayor and village clerk were overpaid in 2006 by $721 and $1,058, respectively, and under-paid in 2007 by $2,235 and $1,528, respectively. We also noticed that the clerk had paid herself her entire salary within the first six months of the year for 2006."
A former treasurer for the village of Lynchburg pleaded guilty Friday to two counts of theft in office.
In Highland County Common Pleas Court Friday before Judge Rocky Coss, Angelique Balon pleaded guilty to the two counts of theft in office. As a result of the agreement, the state determined the third count be dismissed.
Balon could receive a maximum of six and a half years in prison, according to Coss. The state is recommending Balon be sentenced to 1 year in prison on the first count, and three years in prison on the second count, to be served consecutively, for a total of six years. However, the state would not oppose judicial release after six months.
The state is also recommending Balon pay full restitution, of which a dollar amount will be determined prior to sentencing.
As part of the statute, Coss said that he is required to order repayment of all the audit costs.
Balon was indicted by a grand jury in Highland County Common Pleas Court on Sept. 17, on three charges of theft in office, two of which are felonies of the third degree; and one of which is a felony of the fourth degree. The third-degree charges alleged that Balon "Recklessly commit(ted) a theft offense ... and the property or services involved is owned by the state, another state, the United States, a county, a municipal corporation, a township or a political subdivision ... the value of said property being greater than $5,000." On the fourth-degree felony charge, the allegations are that the theft was in an amount greater than $500 but less than $5,000.
During the plea hearing it was stated that in the first count against Balon funds were taken from a payroll account, and on the second count funds were taken from a utilities account.
According to a civil suit filed against Balon, the village of Lynchburg that alleges "as a direct result of defendant's actions ... (the village) has incurred audit expenses and investigatory costs of $92,450 charged to the village by the Ohio Auditor of State."
The village has asked the court that it be "granted judgment in the amount more than $25,000 for conversion of money and judgment to recover the state auditor and investigatory costs, together with interest, reasonable attorney fees and the costs of this action."
Village solicitor Fred Beery said that Balon resigned from her elected position as treasurer in January 2009.
Coss accepted Balon's plea, and scheduled a sentencing hearing for Jan. 19 at 9 a.m. Bond was continued and Balon will be under the supervision of the Highland County Adult Probation Department.
Balon was represented by attorney David Pence, who Balon had retained, and the state was represented by Highland County Prosecutor Jim Grandey.
Grandey told the Highland County Press following the hearing that he had spoken to Beery and the investigator from the state auditor's office prior to the hearing and "they were OK" with the plea.
Lynchburg Mayor Jeremy Shaffer did not immediately return calls Friday seeking comment.
A report filed by the state auditor's office for the time period of Jan. 1, 2006 through Dec. 31, 2007 showed 12 findings of material noncompliance, weakness and deficiency, including: "The village's elected officials were not properly compensated during the audit period. The village council sets the salaries for the mayor and clerk respectively. These salaries should be paid in equal payments over a 12-month period. However, in both years of the audit neither the mayor nor the clerk was paid the amount established by council. The mayor and village clerk were overpaid in 2006 by $721 and $1,058, respectively, and under-paid in 2007 by $2,235 and $1,528, respectively. We also noticed that the clerk had paid herself her entire salary within the first six months of the year for 2006."
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