Pubdate: Wed, 10 Nov 2004 Source: Herald-Sun, The (Durham, NC) Copyright: 2004 The Herald-Sun Contact: http://www.herald-sun.com Details: http://www.mapinc.org/media/1428 Author: Sonja Barisic, Associated Press Writer FORMER N.C. CONGRESSMAN PLEADS GUILTY TO CONSPIRACY CHARGE ELIZABETH CITY, N.C. -- Frank Ballance, the former U.S. congressman who resigned from his eastern North Carolina seat this summer, pleaded guilty Tuesday to a federal conspiracy charge related to mishandling of money by his charitable foundation. U.S. District Court Judge Terrence Boyle accepted Ballance's guilty plea to one charge of conspiracy to commit mail fraud and money laundering. A sentencing date was not set. Under a plea agreement, Ballance, 62, could receive a maximum sentence of five years in prison, a $250,000 fine and three years' supervised release. Ballance also agreed to make restitution in the amount of $61,917.25 and to forfeit $203,000 in a bank escrow account in the name of the John A. Hyman Memorial Foundation. "One of these days, I'll have a story to tell you," Ballance said outside court. The Democrat was in his first term representing the 1st Congressional District when he resigned in June, citing ill health. "The defendant crafted an elaborate conspiracy under which he defrauded the citizens of North Carolina of honest services," Assistant U.S. Attorney Dennis Duffy said in court. "We're pleased that U.S. Rep. Ballance admitted his guilt," prosecutor George Holding said after the hearing. Earlier Tuesday, Ballance's attorney said Ballance was not admitting guilt to every crime with which the government charged him in September's 51-page indictment. "The allegations may involve millions of dollars. What he's accepting responsibility for is a very small part of that," attorney Joseph B. Cheshire V said. The indictment alleged that Ballance channeled $2.3 million in state money from 1994 to 2003 to a nonprofit foundation he operated to help poor people fight drug and alcohol abuse. According to the felony indictment, more than $100,000 from the John A. Hyman Memorial Youth Foundation went to Ballance's law firm; his church; his mother, Alice Eason Ballance; his daughter, Valerie Ballance, and his son, Garey Ballance. Garey Ballance, a state District Court judge, is awaiting arraignment on a charge of failing to file his 2000 income tax return. The indictment said Ballance repeatedly forged the foundation director's signature on state money requests and said he diverted foundation money to pay a $15,500 legal bill in a criminal case and more than $69,000 in rent to his church, which housed the foundation's office. The indictment said Ballance also dipped into foundation money to give his son $20,000 toward a Lincoln Navigator luxury sport utility vehicle; to pay his daughter $5,000 for computer services she didn't perform; and to give his mother $143,250 to spend on community programs. The lone formal charge against Ballance encompassed three elements: that he conspired to deprive the state's citizens of his honest services as a state senator; that he defrauded the Hyman Foundation of money; and that he hid self-dealing expenditures. URL for this article: http://www.herald-sun.com/state/6-542311.html - --- MAP posted-by: Richard Lake