Former Buncombe County Commissioner Ellen Frost loses federal corruption appeal
ASHEVILLE - A former high-ranking Buncombe County elected official has lost a federal corruption appeal.
The U.S. Court of Appeals for the 4th Circuit ruled unanimously April 25 against arguments by former Board of Commissioners Democratic Vice Chair Ellen Frost that her indictment should have been dismissed by the U.S. District Court in Asheville.
"The district court did not err in denying Frost’s motion to dismiss the indictment, as the indictment adequately charged the offense of Frost’s conviction. Accordingly, we affirm the judgment of the district court," the three-judge panel said.
The Fourth Circuit made the ruling without oral arguments, saying "facts and legal contentions" were "adequately presented" in written briefs and oral arguments would not advance them.
Frost made the appeal after serving a six-month sentence for conspiring to misapply more than $575,000 of taxpayer's funds toward equestrian enterprises.
The conviction was part of a plea deal after she was indicted in 2019 on 11 counts involving the use of taxpayer funds for sponsorships and advertisements at Tryon International Equestrian Center. The most serious counts — federal program fraud, conspiracy to commit federal program fraud and mail fraud — carried a maximum combined prison sentence of 20 years.
Also involved in the conspiracy was former County Manager Wanda Greene, Frost acknowledged in the plea deal.
Greene and several other county employees were convicted for a separate kickback scheme involving a county contractor — as well as awarding life insurance policies to themselves paid for with public funds. Greene and others were sentenced to prison time.
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In part of her attempt to change the ruling, Frost had pointed to a 2020 Supreme Court decision overturning the convictions of top staff members of former New Jersey Gov. Chris Christie.
In Kelly v. United States, Justice Elena Kagan said evidence showed the staffers acted corruptly by shutting down George Washington Bridge lanes, causing traffic jams in Fort Lee in retribution for that town's Democratic mayor refusing to back the Republican Christie's reelection bid.
But those actions did not constitute the fraud and conspiracy violations of which the staffers had been convicted, Kagan said. That was because they did not seek to obtain money or property, she said.
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Frost's attorneys said she also did not gain monetarily. But U.S. District Court Judge Robert J. Conrad Jr. in 2020 denied a motion to dismiss based on the "Bridgegate" argument, in part saying Frost did gain access to VIP privileges at the equestrian center.
The Fourth Circuit April 25 ruling, however, did not directly reference any purported links to the New Jersey case, instead focusing on Frost's assertions that her indictment "failed to allege substantive elements" of the charged offenses.
"We conclude that the district court did not err," the Fourth Circuit opinion said.
Frost's attorney Tony Scheer and Assistant U.S. Attorney Amy Elizabeth Ray, who argued against the appeal, did not respond to requests for comment.
Joel Burgess has lived in WNC for more than 20 years, covering politics, government and other news. He's written award-winning stories on topics ranging from gerrymandering to police use of force. Got a tip? Contact Burgess at jburgess@citizentimes.com, 828-713-1095 or on Twitter @AVLreporter. Please help support this type of journalism with a subscription to the Citizen Times.
This article originally appeared on Asheville Citizen Times: Ex-Buncombe Commissioner Ellen Frost loses federal corruption appeal
