Judge sentences former manager who embezzled thousands from Linn Co-op to probation, restitution

CEDAR RAPIDS - The former general manager of Linn Co-op Oil Co. in Marion was sentenced Tuesday to five years of probation and thousands of dollars in restitution for embezzling more than $400,000 from the business for travel and cellphone expenses for his family, gambling, jewelry and fresh seafood from Maine.

Robert M. Ball, 56, pleaded guilty in June to first-degree theft in Linn County District Court. The other charge of ongoing criminal conduct was dismissed Tuesday as part of a plea agreement.

Ball faced 10 years in prison, but his sentence was suspended and he received five years of probation and was ordered to pay more than $220,000 in restitution. The company's insurance paid more than $250,000 of the loss.

Ball, who joined the company in 1980, was fired last August. He now works as a baker and has paid $2,500 in restitution so far, 6th Judicial District Judge Mitchell Turner said during the sentencing. He must pay at least $500 a month until the restitution is paid, the judge ordered.

Ball oversaw the day-to-day operations of the full-service grain, energy, feed and agronomy cooperative in Eastern Iowa, which has 1,400 members. Over the course of eight years, he embezzled the money using a company credit card, rebate checks issued to the company and other assets for personal use without authorization, the criminal complaint said.

Ball used funds for airfare and cellphone services for him and his family, made cash withdrawals at a casino with the company credit card and made other purchases for home appliances, jewelry, electronics, furniture and fresh seafood from Maine that was delivered to his home, according to the complaint.

Jack Airy, secretary/treasurer of the cooperative's board, said in a victim impact statement that company officials discovered Ball's 'illegal and immoral deceptions” during an audit last August at the time Ball was to retire. Officials started an internal investigation and also worked with the Marion Police Department.

Ball embezzled more than $410,000 from the 87-year-old company, Airy said.

Airy said Ball mistreated and bullied some employees as a way to keep his deceptions from being discovered.

Several representatives of the company, alongside Airy, attended the hearing. Ball's current employers and two others in support of him also were in the courtroom Tuesday.

During the hearing, Ball said he knew he had brought 'shame” on the board of directors, himself, his family and God. He said he was sorry for his actions.

Turner agreed with the prosecutor's recommendation to suspend the 10-year sentence and give Ball probation based on his lack of criminal history, the crime and in order for the restitution to be paid. Turner said he wouldn't give Ball a deferred judgment, as recommended by the defense, because the embezzlement continued over eight years.

'It wasn't one bad decision,” Turner said. 'There was a pattern of making criminal decisions hundreds or thousands of times. I can't, in good conscience give you a deferred judgment.”

Turner warned Ball that the restitution is a condition of his probation, and he must pay the total amount.

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