Judge rules in favor of village in civil suit; former treasurer ordered to pay $194,575
Lead Summary
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Highland County Common Pleas Court Judge Rocky Coss ruled in favor of the village of Lynchburg in a civil suit filed against the village's former treasurer, ordering her to pay $194,575.
Angelique Balon pleaded guilty in December to two counts of theft in office, felonies of the third- and fourth-degree. As a result of the plea, a third count of theft in office was dismissed. She was sentenced to four yeas in prison, and ordered to pay $97,387.72 in restitution to the village.
Judge Coss said Tuesday that the civil judgment includes the restitution ordered in the criminal case, and also adds on the cost of the audit and other funds used in investigating Balon.
Coss filed the judgment on the village's motion for summary judgment Tuesday in the Highland County Clerk of Courts Office.
According to the motion, filed Jan. 3 by village solicitor Fred Beery, the village, "seeks restitution for losses the village suffered as a result of the actions of malfeasance, misfeasance and nonfeasance of defendant while a public officer for the village of Lynchburg. In unearthing the misconduct of (Balon) the taxpayers of the taxpayers of the village have expended the sum of $18,000 to the auditor of state, thus far, and is obligated and owes to the auditor of state an additional $74,450."
The motion also included addition total losses in "liabilities to the defendant" in the amount of $102,125, which includes $63,824 for unaccounted utilities funds receipts, $321 in collected money not accounted, $1,652 in checks issued for invalid purpose, $3,833 for salary overpayment, and $32,495 for illegal expenditure of funds.
It was noted that $360 in salary overpayment was made to former Lynchburg Mayor William Priore.
"Therefore, the village has been financially damaged in the amount of $194,575, for which the plaintiff (the village) is entitled to judgment," according to the motion.
Balon resigned from her elected position as treasurer in January 2009. 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.
Balon said during her sentencing hearing in early January that she intended to pay the money back.
Highland County Common Pleas Court Judge Rocky Coss ruled in favor of the village of Lynchburg in a civil suit filed against the village's former treasurer, ordering her to pay $194,575.
Angelique Balon pleaded guilty in December to two counts of theft in office, felonies of the third- and fourth-degree. As a result of the plea, a third count of theft in office was dismissed. She was sentenced to four yeas in prison, and ordered to pay $97,387.72 in restitution to the village.
Judge Coss said Tuesday that the civil judgment includes the restitution ordered in the criminal case, and also adds on the cost of the audit and other funds used in investigating Balon.
Coss filed the judgment on the village's motion for summary judgment Tuesday in the Highland County Clerk of Courts Office.
According to the motion, filed Jan. 3 by village solicitor Fred Beery, the village, "seeks restitution for losses the village suffered as a result of the actions of malfeasance, misfeasance and nonfeasance of defendant while a public officer for the village of Lynchburg. In unearthing the misconduct of (Balon) the taxpayers of the taxpayers of the village have expended the sum of $18,000 to the auditor of state, thus far, and is obligated and owes to the auditor of state an additional $74,450."
The motion also included addition total losses in "liabilities to the defendant" in the amount of $102,125, which includes $63,824 for unaccounted utilities funds receipts, $321 in collected money not accounted, $1,652 in checks issued for invalid purpose, $3,833 for salary overpayment, and $32,495 for illegal expenditure of funds.
It was noted that $360 in salary overpayment was made to former Lynchburg Mayor William Priore.
"Therefore, the village has been financially damaged in the amount of $194,575, for which the plaintiff (the village) is entitled to judgment," according to the motion.
Balon resigned from her elected position as treasurer in January 2009. 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.
Balon said during her sentencing hearing in early January that she intended to pay the money back.
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