Ballance asks judge to void sentence

Trial flawed, says ex-congressman

HENDERSON -- Former U.S. Rep. Frank Ballance, sent to prison last year for funneling tax dollars into his nonprofit foundation, is asking a judge to change or void his four-year sentence.

Ballance's request claims his case was improperly "wired," or linked to a criminal charge against his son Garey, a former state district judge. He also claims that neither he nor his attorney were present when a judge asked prosecutors about the joint indictment, and that U.S. attorneys lied in their case against him.

Frank Ballance was charged in September 2004 with one felony count of conspiracy to commit mail fraud by siphoning more than $100,000 in state funds from the John A. Hyman Memorial Foundation he operated to help poor people fight drug and alcohol abuse.

Garey Ballance was charged at the same time with one misdemeanor count of failing to file a federal income tax return.

Both pleaded guilty and were sentenced in October 2005. Garey Ballance received nine months in prison and a $5,000 fine; his father was sentenced to four years in prison and ordered to pay a $10,000 fine and nearly $62,000 in restitution to the state government.

Both men have paid their fines and restitution.

Garey Ballance was released from prison on Aug. 31.

Frank Ballance appealed his sentence in September. After a hearing in October, U.S. District Judge Terrence Boyle ordered the government to respond to Ballance's claim. Federal prosecutors did so in November, asking that the request be dismissed and saying both the wiring and the October 2004 hearing occurred before the plea deal.

The U.S. Attorney's office in Raleigh had no comment on the case Tuesday afternoon when contacted by The Daily Dispatch of Henderson.

Frank Ballance served 1 1/2 years of his two-year term in Congress, resigning in June 2004 due to ill health.