Former Lynchburg treasurer sentenced to four years in prison; ordered to pay $97,000 in restitution
Lead Summary
By
Brandy Chandler-brandychandler@gmail.com
The state called it "the most repugnant of crimes" and the judge said it was an incident of "a good person who's done something bad," but he could not overlook the fact that taxpayers in a struggling economy had been robbed of nearly $200,000.
On Wednesday in Highland County Common Pleas Court, Judge Rocky Coss sentenced former Lynchburg treasurer Angelique Balon to more than four years in prison and ordered her to pay $97,387.72 in restitution to the village.
In December, Balon pleaded guilty 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.
Coss noted during sentencing that there was a civil suit still pending, in which the village of Lynchburg was seeking to recover not only the more than $97,000 that was stolen, but an additional $92,000 in audit fees the Auditor's Office of the State of Ohio has assessed to the village for its auditing and investigating of the incident.
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.
Assistant Highland County Prosecutor David Henry told the court Wednesday that, "At a time when municipalities are struggling, Mrs. Balon was in a position of public trust, and she had a responsibility to provide the public with the best services and best accounting."
Because she was in a position where she was trusted, "with the peoples' money, the taxpayers' money, this is the most repugnant of crimes."
As part of the plea agreement, Balon had agreed to pay restitution, but the amount was to be determined during the sentencing hearing.
Balon's attorney David Pence said that Balon did not dispute the figure presented by the state. Pence said that Balon had no criminal history and had not appeared before the court prior to this incident.
"She did not put the state through a trial," Pence said. "She has been forthright."
Pence said that he was not offering an excuse for what Balon did, but that she "started out with the intent of paying it back. It just snowballed. It got out of hand."
Coss asked Balon what she did with the money she had taken.
"I don't see how it was that large of an amount," Balon said. "I just paid bills with it."
Coss said that Balon was not the first person to come before his court where thefts start in small amounts, and that it is "easy to lose track" and "hundreds turn to thousands, and it eventually ends up a huge amount."
After she resigned from the village but prior to her indictment, Balon withdrew the funds from her Ohio Public Employees Retirement account, according to Coss. When a public official is indicted, he said, OPERS accounts are frozen. Coss said that he was not implying that act in and of itself was wrong, but that had the funds remained in the account, the village could have reclaimed it as part of the restitution. Balon told the court that she withdrew approximately $35,000 from her retirement.
"I assume that money is gone?" Coss asked. "As well as the money you took?"
Balon said that it all was gone.
More than a dozen friends, church members and family members were in court to support Balon Wednesday, and several people spoke on her behalf, including her pastor and other church members. They spoke of her dedication to her family, how she is a good person, and they believe that she is truly sorry. While Balon is prepared to pay for her crimes, they said, those who would truly be punished would be her three children and her husband.
Balon spoke on her own behalf and held back tears as she spoke of preparing her children to take care of themselves while she was in prison.
"I understand I have done wrong, and I have to pay for what I have done," she said. "I want to make it right. I am very sorry. (Being away from her family) is just going to be very hard."
Coss said the court acknowledges that Balon has been cooperative, and that it was positive that she had such a good support system because that meant she would most likely be successfully rehabilitated.
"You are a good person," Coss said. "That is not in question. You have taken responsibility. But you are a good person who has done something bad."
However, Coss said, to not impose prison time would demean the seriousness of the offense.
"I have to take into the account the seriousness of the crimes, and the effect on the victims," Coss said. "I don't know the full financial situation of the village, but $97,000 would be a hardship on the county. Budgets for all local governments are tight. That had to have an impact on the village."
He also noted that the cost of the investigation was nearly as much as the amount that was stolen, and those costs must be paid back to the state of Ohio by the village, according to state law.
"The citizens lost what you took, but they are going to lose more," Coss said.
Coss said the sentence needed to be "a punishment and a deterrent" because if people thought they could steal thousands of dollars and not receive any prison time, "what incentive would they have to not commit crimes?"
Additionally, Coss said that Balon's action "further undermines" the work of public officials. "People already think the government is out to loot from them, and when it happens, it's not good."
Coss sentenced Balon to 17 months in prison on the first count and three years on the second count, to be served consecutively. In addition to the restitution, Balon was also ordered to pay court costs and is prohibited from holding a position of public trust or public office.
She was immediately remanded to the custody of the Highland County Sheriff's Office.
Coss noted that the state did not oppose judicial release after six months. Coss said it was unlikely that he would grant it, but he would consider it.
In the civil case between Balon and the village, a non-oral summary judgment has been scheduled for Feb. 4, according to court documents.
Village solicitor Fred Beery, following the sentencing hearing, told The Highland County Press, "Everyone is a little stunned, I think. We have a pending civil suit and we are awaiting that, which is a huge burden, I know, that will be placed on Angel. It's just a sad, sad situation. Everyone in the office and on council who knew her all liked her. They thought she was very responsible. I think all of them are just stunned. It's another lesson learned."
The state called it "the most repugnant of crimes" and the judge said it was an incident of "a good person who's done something bad," but he could not overlook the fact that taxpayers in a struggling economy had been robbed of nearly $200,000.
On Wednesday in Highland County Common Pleas Court, Judge Rocky Coss sentenced former Lynchburg treasurer Angelique Balon to more than four years in prison and ordered her to pay $97,387.72 in restitution to the village.
In December, Balon pleaded guilty 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.
Coss noted during sentencing that there was a civil suit still pending, in which the village of Lynchburg was seeking to recover not only the more than $97,000 that was stolen, but an additional $92,000 in audit fees the Auditor's Office of the State of Ohio has assessed to the village for its auditing and investigating of the incident.
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.
Assistant Highland County Prosecutor David Henry told the court Wednesday that, "At a time when municipalities are struggling, Mrs. Balon was in a position of public trust, and she had a responsibility to provide the public with the best services and best accounting."
Because she was in a position where she was trusted, "with the peoples' money, the taxpayers' money, this is the most repugnant of crimes."
As part of the plea agreement, Balon had agreed to pay restitution, but the amount was to be determined during the sentencing hearing.
Balon's attorney David Pence said that Balon did not dispute the figure presented by the state. Pence said that Balon had no criminal history and had not appeared before the court prior to this incident.
"She did not put the state through a trial," Pence said. "She has been forthright."
Pence said that he was not offering an excuse for what Balon did, but that she "started out with the intent of paying it back. It just snowballed. It got out of hand."
Coss asked Balon what she did with the money she had taken.
"I don't see how it was that large of an amount," Balon said. "I just paid bills with it."
Coss said that Balon was not the first person to come before his court where thefts start in small amounts, and that it is "easy to lose track" and "hundreds turn to thousands, and it eventually ends up a huge amount."
After she resigned from the village but prior to her indictment, Balon withdrew the funds from her Ohio Public Employees Retirement account, according to Coss. When a public official is indicted, he said, OPERS accounts are frozen. Coss said that he was not implying that act in and of itself was wrong, but that had the funds remained in the account, the village could have reclaimed it as part of the restitution. Balon told the court that she withdrew approximately $35,000 from her retirement.
"I assume that money is gone?" Coss asked. "As well as the money you took?"
Balon said that it all was gone.
More than a dozen friends, church members and family members were in court to support Balon Wednesday, and several people spoke on her behalf, including her pastor and other church members. They spoke of her dedication to her family, how she is a good person, and they believe that she is truly sorry. While Balon is prepared to pay for her crimes, they said, those who would truly be punished would be her three children and her husband.
Balon spoke on her own behalf and held back tears as she spoke of preparing her children to take care of themselves while she was in prison.
"I understand I have done wrong, and I have to pay for what I have done," she said. "I want to make it right. I am very sorry. (Being away from her family) is just going to be very hard."
Coss said the court acknowledges that Balon has been cooperative, and that it was positive that she had such a good support system because that meant she would most likely be successfully rehabilitated.
"You are a good person," Coss said. "That is not in question. You have taken responsibility. But you are a good person who has done something bad."
However, Coss said, to not impose prison time would demean the seriousness of the offense.
"I have to take into the account the seriousness of the crimes, and the effect on the victims," Coss said. "I don't know the full financial situation of the village, but $97,000 would be a hardship on the county. Budgets for all local governments are tight. That had to have an impact on the village."
He also noted that the cost of the investigation was nearly as much as the amount that was stolen, and those costs must be paid back to the state of Ohio by the village, according to state law.
"The citizens lost what you took, but they are going to lose more," Coss said.
Coss said the sentence needed to be "a punishment and a deterrent" because if people thought they could steal thousands of dollars and not receive any prison time, "what incentive would they have to not commit crimes?"
Additionally, Coss said that Balon's action "further undermines" the work of public officials. "People already think the government is out to loot from them, and when it happens, it's not good."
Coss sentenced Balon to 17 months in prison on the first count and three years on the second count, to be served consecutively. In addition to the restitution, Balon was also ordered to pay court costs and is prohibited from holding a position of public trust or public office.
She was immediately remanded to the custody of the Highland County Sheriff's Office.
Coss noted that the state did not oppose judicial release after six months. Coss said it was unlikely that he would grant it, but he would consider it.
In the civil case between Balon and the village, a non-oral summary judgment has been scheduled for Feb. 4, according to court documents.
Village solicitor Fred Beery, following the sentencing hearing, told The Highland County Press, "Everyone is a little stunned, I think. We have a pending civil suit and we are awaiting that, which is a huge burden, I know, that will be placed on Angel. It's just a sad, sad situation. Everyone in the office and on council who knew her all liked her. They thought she was very responsible. I think all of them are just stunned. It's another lesson learned."
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