Susan Bala, State Gaming Law Violations, North Dakota 2020

Crime Boss's Innocence Claim Rejected Again

North Dakota - In a blow to Susan Bala's hopes for vindication, the United States Court of Appeals for the Eighth Circuit has rejected her second attempt to obtain a certificate of innocence. This decision stems from Bala's 2005 conviction for running an illegal gambling operation.

According to the court, the evidence against Bala was substantial, with her company, Racing Services, Inc. (RSI), processing over $99,000,000 in 'off book' account wagering bets at an undisclosed site in Fargo without notifying state regulators. RSI and Bala also failed to pay any portion of these proceeds to the state or to licensed charities, as required by law.

The state's investigation, sparked by a tip from an RSI employee, led to Bala's indictment on charges of conspiring to conduct an illegal gambling business and to commit money laundering. Bala's co-defendants, a vice president and the chief financial officer of RSI, pleaded guilty and testified against her. The jury ultimately convicted Bala, and she was sentenced to 27 months in prison.

In 2008, Bala filed her first petition for a certificate of innocence, but it was denied. To obtain such a certificate, an individual must prove actual innocence, a different determination from the Eighth Circuit's ruling that the evidence of criminality did not support a finding of guilt beyond a reasonable doubt.

The Court of Appeals has now rejected Bala's second attempt, upholding the district court's conclusion that she cannot meet the legal burden for a certificate of innocence.

Bala's case highlights the complexities of white-collar crime and the challenges of proving innocence in the face of substantial evidence.

Defendant: Susan Bala

Criminal Charges: Conspiring to conduct an illegal gambling business and to commit money laundering

City and State: Fargo, North Dakota

Date: 2005 (conviction), 2020 (appeal)

Sentence: 27 months in prison

Dollar Amount: $99,000,000 (unreported account wagering bets)

Source: https://www.justice.gov/usao-nd/pr/court-appeals-rejects-bala-s-request-certificate-innocence