Chris and Krissy Ball said they have given up hope that their former bookkeeper will ever be prosecuted for allegedly stealing more than $1.5 million. They’re now trying to recover the funds through the courts.
But they are finding little satisfaction in their search for money and justice.
“Who’s going to put a sweet, little old lady in jail right now with COVID (happening)?” Krissy Ball lamented. “If anything happens, she’ll get a slap on the wrist or three to four years (of) probation. She’ll be dead.”
“It’s very, very frustrating,” Chris Ball said. “We have sued five national banks and three merchants.”
The Balls allege Neilla Cenci misappropriated, embezzled, converted and/or diverted $1,586,732.06 from their construction business between 2006-18. Cenci, now 71, was arrested and released in 2018 and soon after declared bankruptcy. The Balls almost never use Cenci’s name, instead usually calling her “the criminal.”
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The Balls are focusing on spreadsheets, transaction reports, bank statements and 84 canceled checks, copies of which they provided to the Gazette, that they claim shows Cenci didn’t declare $133,433.09 in income she received and deposited into her accounts after filing for bankruptcy. If proven true, that would prevent Cenci from having her debt wiped out and make her liable to the Balls.
Various subpoenas to Citibank, Bank of America, Wells Fargo, Discover and Chase, plus Home Depot, Best Buy and Macy’s, have produced the proof, they said. They also said these subpoenas show Cenci used stolen money to pay back her 401(k) that she borrowed against to buy and furnish her Avenida Terraza townhouse.
“She has committed perjury. Also tax evasion,” Chris Ball said. “We’re going to pursue that with the bankruptcy judge, the proof that she filed a false bankruptcy declaration.”
Cenci declined comment, saying. “I’ve got nothing to say regarding them. I don’t want to be involved with their back-and-forth. Let him write whatever he wants to write. I don’t care.”
Not that bankruptcy has been a breeze for the Balls. In an attempt to force the five banks’ hands, the Balls sued, alleging that the banks engaged in money laundering by accepting the money Cenci allegedly stole. The Balls claim they have documentation that Cenci deposited between $6,000 and $20,000 in small amounts.
“They accepted my check hundreds of times over a 10-year period,” Ball said. “The banks turned a blind eye. The banks have a duty, and computer, to look for money laundering, and they failed.”
Chris Ball said Discover and Chase attempted to file the matter in federal court but failed, the resolution taking four months. Ball said the banks now are under a 30-day requirement to respond to the suit, although Bank of America already has issued a denial, he said.
“The banks have unlimited resources to defend this case, so we’re expecting all kinds of crap to be thrown at us before the courts force them to pay damages,” Ball said.
The Balls also have attempted to have Cenci prosecuted by the county district attorney’s office.
“This case has been trial-ready for a year,” Chris Ball said. “We have been completely unable to get any prosecution or arrest. Meanwhile, we are the victims of a crime, and our rights under the California Constitution are being trampled by the laziness and incompetence of (District Attorney) Jackie Lacey’s office.”
The attorney in charge of the case, Adewale Oduye, does not have any contact information on the D.A.’s website. The Gazette requested the media relations department forward an email to Oduye; no response came.
“He’s a gutless, cowardly civil-service employee who doesn’t want to be found,” Chris Ball said. “He’s a cockroach under the rug.”
Ball also has complained to state Attorney General Xavier Becerra’s office with no success. In fact, Deputy A.G. Michael Keller wrote a letter in January stating he believes Lacey’s office is handling the case “with diligence and professionalism.”
“Although I understand your frustration that the criminal case has not been filed yet, embezzlement investigations often take longer than a member of the public would likely expect,” Keller wrote. “This is especially true when the embezzlement occurred over a period of years.”
Krissy Ball has done much of the research and documentation. These include bank statements, credit card statements, emails, attachments, computer files and social media posts. From these, she’s aware of Cenci’s happenings. For example, Ball knows where and when Cenci gets her hair cut, that she recently had surgery, that a granddaughter recently graduated Saugus High.
“Trust me, I monitor their social media like a hawk,” she said. “I’m on top of it. It’s a daily thing for us.”
And it hasn’t stopped for two years, even as the hope dwindles.
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June 05, 2020 at 12:31AM
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