UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NORTH CAROLINA

ASHEVILLE DIVIS10N

llNITED STATES OF AMERICA

DOCKET NO。 1:19CR64
V.
FACTUAL BASIS
ELLEN Ⅳ眈 DANS FROST
)

NOW COMES the United States of America, by and through R. Andrew Murray, United
States Attomey for the Western District of North Carolina, and hereby files this Factual Basis in
support of the plea agreement filed simultaneously in this matter.

This Factual Basis is filed pursuant to Local Criminal Rule 1 1.2 and does not attempt to
set forth all of the facts known to the United States at this time. By their signatures below, the
parties expressly agree that there is a factual basis for the guilty plea(s) that the defendant will
iender pursuant to the plea agreement, and that the facts set forth in this Factual Basis are sufficient
to establish all of the elements of the crime(s). The parties agree not to object to or otherwise
contradict the facts set forth in this Factual Basis.

Upon acceptance of the plea, the United States will submit to the Probation Offipe a
"statement of Relevant Conduct" pursuant to Local Criminal Rule 32.4. The defendant may
submit (but is not requircd to submit) a response to the Government's "Statement of Relevant'
Conduct" within seven days of its submission. The parties understand and agree that thib Factual
Basis does not necessarily represent all conduct relevant to sentencing. The parties agree that they
have the right to object to facts set forth in the presentence report that are not contained in this
Factual Basis. Either party may present to the Court additional relevant facts that do not contradict
facts set forth in this Factual Basis.

I . From on or about July 20 14, and continuing through November 201 7, in Buncombe
County and elsewhere, the defendant, ELLEN MADANS FROST, knowingly and willfully
conspired with Wanda Skillington Greene to commit an offense against the United States, that
being the knowing and intentional misapplication of property having a value in excess of $5,000
belonging to the local government of Buncombe County while serving as agents of that
government, in violation of Title 18, United States Code, Sections 371 and 666(aXlXA).

A. The Buncombe CountY Government

2, Buncombe County is a political subdivision of the State of North Carolina. At all

times relevant to this Factual Basis, it has had a "county manager" form of government, under
which the citizens of Buncombe County elect a Board of Commissioners (hereinafter "the
Board"), and the Board appoints a County Manager, who serves as the county's chief executive
officer. During each of thi continuous 12-month periods of every calendar year relevant to this

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Factual Basis,that is,2014,2015,and 2016,the Governmcnt of Buncombe County(hereinafter
sometimcs referred to as``Buncombe County"or“ the County'')reCeived beneflts in excess of
$10,000 under a Federal program involving a grant,contract,subsidy,loan,and other fbn■ of
Federal assistance.

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3. Undcr Nolth Carolina law,local govcrnments dcrive aH thcir powers from

deLg江 lon by the State,and a County has oJy such Hま ts and pOWers as the State grants to l.
State law vcsts the cxercise ofall such powcrs,rights,duties,and functions ofthe County in thc
Board of Commissioners forthat County.

4. At all times relevant to this Factual Basis,Buncornbe County's Board of

Commissioners comprised six members elected in three voting districts and a Chairman elected
at large by the votcrs ofthc County.

5. Under State law9in order to takc any valid action,including adopting or amending
budget ordinances or rnaking expenditures,the Comlnissioners must act in their corporate
capacity in a public meeting duly held as prescribed by State law. A quorurn rnust bc present,
cOnsisting ofa maiority OfCOmmissioners,and thetr votcs must be public.

6. An individual Comnlissioner cannot contractua‖ y bind the County when she acts
individuaHy,infollllany,and separatcly from the Board,nor can she individuany authOrizc or
approve the County Manager's entering into contracts on behalf ofthe County.

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7. ELLEN NIADANS FROST was flrstelectcd as a Buncombe County

Comlnissioner in November 2012,and was sworn in on January 15,2013. She was reelected in
2014,and continued to seⅣ e as a Commissioner until December 2018.

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8. The County Manageris thc chiefadministrator ofthe County government,
responsible to the Board fbr the adnlinistration of an departments ofCounty government under
the Board's general control. The(3ounty Manager has the powerto appoint,suspend,and
remove aH County offlcers,cmployees,and agents cxcept fbr thosc clected by thc citizens Or
whosc appointlllcnt is otherwise provided for by law, The Countyヽ 4anager directs and
supervises the adrninistration ofall County of「 lces,departments,boards,colnmissions,and
agcncies that are under the general control ofthe lBoard,and enters into contracts on behalfofthe
County,suttect tO the general direcion and∞ ntrol ofthe Board.

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 9. Wanda Skillington Gκ enc(hereinafter｀ `Greene'｀ )waS the county Manager of
Bullcolllbe County from 1997 until her retirement from that position,effective June 30,2017.

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10。 North Carolina's Open Meetings Law requires that,with certain specitted
exceptions,aH ofthe offlcial lneetings ofa public body,including a county's board of
comrnissioners,rnust bc open to the public. ``OFlcial lncetings"inctudes aH mectings,
assemblies,or gatherings ofa mlorityOfthe bOard forthe purpose ofconducting hea減 ngs,
participating in deliberations,or voting upon or othen″ ise transacting the public business. The
public body generally lnust give at ieast seven days'advance pubHc notice ofits regular
meetings,and atleast 48 hours'advance public notice of speciaHy‐ scheduled rneetings.

11. The law aHows a board ofoounty oorn:nissioncrs to go into closcd session to
discuss inatters involving thc location or expansion ofbusinesses,including agreemcnt on a
rθ ″餃″ソ θlist of economic development incentives that″ cノ be Offered to the business in
negotiations.

12. The Open Meetings Law,however,specifles:

/4ノ aCtiOn approving the signing of an econornic devclopment contract or

colnlnitincnt,or the action authorizing the payment ofeconolllic dcvelopment
expenditurcs,″ η
潔9′ be taken in an open session.

N.C.G,S.§ 143‐ 318.H(a)(4)(emphasis added).

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13. State law grants counties and citics the authority to rnake appropriations for
econornic development purposes,which could include advertising and promotional expenditures.
For counties,the law requires thatthese appropriations rnay only be made when the Board of
Conllnissioncrs ofFlciaHy detellHines that the use ofsuch funds would“ increase the population,
taxablc propcrty,agricuitural industrics,cmployment,industrial output,or business prospccts of
the county.''N.C.G.S,§ 158-7.1(a).

14. FROST and the other Cornlnissioners had flrsthand knowiedge ofthe Open
Mectings Law's rcquirements and ofthe Economic Developmcnt lncentive Fund's procedures
and requirements,based,arnong other things,on repeated instances ofthcir going through the
process whilc in offlce.

G. The Asheville Regional Airport

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 15. The Asheville Regional Airport is located in southern Buncombe County. Since
2A12,it has been a state-sanctioned independent entity governed solely by the Greater Asheville
Regional Airport Authority. That Airport Authority comprises seven board members: two each
appointed by the Asheville City Council, the Buncombe County Board of Commissioners, and
the Henderson County Board of Commissioners. The seventh member is an at-large
appointment by the other six members.

16. Although the Buncombe County Board of Commissioners appoints two of the
Airport Authority's members, at all times relevant to this Factual Basis, neither such member
was himself or herself a County Commissioner. Thus, no County Commissioner was
simultaneously a member of the Airport Authority board.

17. The Airport Authority is a fully self-sustaining enterprise receiving no local

financial assistance for its operations, maintenance, or capital programs. At all times relevant to
this Factual Basis, its Executive Director was a person identified herein as LB.

H. The Relevant Equestrian Enterprise.s

18. All of the entities described in this sectionreceived payments from the County's
Economic Development Incentive Fund at various times during this scheme. They were and s:ill
are affiliated by overlapping ownership and operations, and will sometimes be referred to
collectively hereinafter as "the equestrian enterprises."

19. Tryon Equestrian Properties, LLC, is a limited liability company registered in

North Carolina in 201l. Its principal office is in Polk County, within the Westem District of
North Carolina. Its member and manager is an individual identified herein as MB. It owns and
operates the Tryon International Equestrian Center.

20. The Tryon International Equestrian Center (hereinafter sometimes referred to as

"the Tryon Center"), located in Polk County, North Carolina, is a facility hosting equestrian
competitions and shows. It comprises a stadium, an indoor arena, multiple competition rings,
spectator seating, stable facilities, on-site lodging, and restaurants. It opened in 2014. It is two
counties, and approximately 36 miles, away from the Buncombe County limits.

21. Equestrian Sport Productions, LLC, is a limited liability corporation based in

Wellington, Florida, and registered with the State of Florida. Its manager is MB, and it owns and
operates the Palm Beach International Equestrian Center.

22. The Palm Beach International Equestrian Center, located in Wellington, Florida,
is similar to the Tryon International Equestrian Center in its facilities and activities.

23. The Chronicle of the Horse is a weekly equestrian magazine that also has an
internet publication site, It covers dressage, hunters andjumpers, foxhunting and steeplechase

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racing. It sells advertising for both its physical magazine and its website. MB acquired it in
2013. FROST had a subscription to the magazine by 2013, and that subscription terminated in
September 2017.

l. FROST'I lnitiatine Buhcombe County's lnvoleement with the Tryon

Internat ional Equestr iqn Ce nter

24. In or about the first halfof20l4, FROST began to speak with Greene about the
Tryon Center, and FROST's desire that the County should be involved with it and should
somehow help with the project.

25. FROST also began to communicate with MB about the Tryon Center and her
interest in having the County participate in it. In mid-Julyof 2014, FROST helped arrange for a
tour ofthe Center for herself, Greene, and several other Buncombe County officials and business
people. There was no discussion regarding any type offunding from, purchases by, or contracts
with the County,

J. FROST's and Greene's Decision to Use Count.v Mone.v to ?romotc the

As hev i I I e Re sion a I A i rpor t

26. FROST continued to communicate with MB and with Greene about the
possibility ofthe County's being involved with the Center. They also began communicating
with a person identified herein as JW, who owned a consulting firm doing business on behalfof
MB and his equine enterprises.

27. FROST and Greene began speaking with LB, the Executive Director of the
Airport Authority, because they decided that the County funds would be spent to promote the
Airyort, even though the Airport Authority had its own promotional budget, and the County had
not previously provided promotional funds on behalfofthe Airport.

28. On December 15,2014, FROST spoke with JW to set up a meeting with him to
discuss the Tryon Center and The Chronicle of the Norse, This ultimately resulted in a meeting
at the Airport's conference room among FROST, Greene, LB, JW, and MB on December 29,
2014. They discussed the County's paying for a sponsorship for two seasons at the Tryon Center
on behalfofthe Airporr, as well as paying lor sponsoring a "Grand Prix" event at the Palm
Beach Intemational Equestrian Center in Wellinglon, also on behalf of the Airport. MB and JW
described the types ofadvertising, promotions, and other benefits to be provided to the Airport if
the County entered into such contracts. The quoted fee was $250,000.

29. When FROST learned that the potential sponsorship agreement would cost the
County approximately $250,000, she asked Greene where in the County's budget they could get
the funds to pay for this. Greene told her she would take the money from the Economic
Development Incentive Fund.

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 K. The Dinner at the Grand Bohemian Hotel

30. Following the meeting at the Airport, FROST and Greene decided to organize a
dinner the fotlowing month at which JW or MB could make a presentation about the Tryon
Center to Asheville area executives in the hospitality, banking, and development businesses,
among others. That event was set for January 19,2015, at the Grand Bohernian Hotel in
Asheville. Greene sent an email captioned "Invitation from Ellen Frost and [MB] to leam more
about Tryon lntemational Equestrian Center" to approximately fifteen recipients. FROST and
Creene did not invite any of the other members of the Board of Commissioners, nor did they
inform any of those other members of this event. At the dinner, FROST made a brief welcoming
address to the attendees, and MB made a presentation about the Tryon Center'

L. The Counl..t's Contract with Equestrian Sqort Productions

31 . On January 21,2015, JW sent an email to Greene, stating that he wanted to set up

a conference call for the next day to introduce her to the "sponsorship team" in Wellington and
to discuss the upcoming events of the following week. Greene forwarded the email to FROST,
asking if FROST could handle it instead, and telling FROST: "That way it gets done your way
and you know when to be where." FROST sent an emailto JW informing him that it was she
who would be on the call.

32. On January 22,2015, shortly before that conference call, JW sent an email to
FROST and to Greene, attaching a draft contract and exhibit between the County and Equestrian
Sport Productions for a two-year sponsorship of the Winter Equestrian Festival ("WEF") at the
Pahn Beach International Equestrian Center in Wellington.

33. The conrract specified that the County was obligated to pay $50,000 for the 201 5
WEF sponsorship, due upon signing. The County was also obligated to pay another $ 100,000,
due by Decembei 1, 2015, for the 2016 WEF sponsorship. Greene signed the contract on behalf
ofthe County on January 26,2Ol5,and returned them to Equestrian Sport Productions'

34. FROST and Greene received an email on February 17,2015, from Equestrian
Sport Productions' sponsorship manager sending them a fully executed copy of the contract.

35. Although the County was the contracting party and the sponsor pursuant to this
contract, the contract specified that the pubtic advertisements and sponsorship title rights would
be in the name of the Asheville Regional Airport.

36. On February 12,2015, Greene received the first invoice from Equestrian Sport
productions for $50,000 for the "2015 WEF Sponsorship Fee." Greene authorized payment of
this invoice. As she had earlier told FROST she would do, Greene directed that the payment
would come from the County's Economic Development Incentive Fund. On February 19, 2015,
Greene and the County Finance Director executed a check for $50'000 and caused it to be

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delivered by mail to Equestrian Sport Productions. FROST was not involved in the payment
process.

37. On September 22,2015, Greene received another invoice from Equestrian Sport
Productions in Wellington, this time for $100,000. This invoice was for "20l6 WEF
Sponsorship Fee." Greene authorized payment of this invoice, again directing that the payment
would come from the County's Economic Development Incentive Fund. On September 24,
2015, she and the County's Finance Director signed a check for $100,000 and caused that check
to be delivered by mail to Equestrian Sport Productions. FROST was not invoived in the
payment process.

38. There was no public notice, nor any vote by the Board of Commissioners,
concerning this contract and these payments. Neither FROST nor Greene informed the other
members of the Board of Commissioners about this contract, nor did Greene inform them of the
payments to Equestrian Sport Productions of $150,000 from the Economic Development
Incentive Fund on behalf of the Asheville Regional Airport.

M. The Counlv's Contract with Tryton Equestrian Properties

39. On June 2,2015, Greene signed a contract on behalf of the County with Tryon
Equestrian Properties committing the County to become a sponsor at the Tryon Intemational
Equestrian Center for the 2015 and the 2016 Tryon Horse Show Series. That agreement
specified that the fee would be $ 125,000 for 201 5 and $ I 50,000 for 201 6. FROST received an
email containing the executed contract, along with the first invoice for $125,000, on June 18,
201s.

40. Although the contract repeatedly identified the County as the sponsor, the
contracting parties understood and agreed that the name and logo on all sponsored events,
signage, and advertisements would be the Asheville Regional Airport. No signage, sponsorships,
or adveftisements would be in the name of Buncombe County.

41. On June 8,2015, Greene received the first invoice from the Tryon Intemational
Equestrian Center for the "2015 Tryon Sponsorship." Greene authorized its payment from the
Economic Development Incentive Fund. On June I1,2015, she and the County Finance Director
signed a check for $125,000, made out to Tryon Equestrian Properties, and caused that check to
be delivered by mail. FROST was not involved in the payment process.

42.Greene received a $150,000 invoice from Tryon Equestrian Properties, dated

August 6,2016, for the 2016 Tryon Sponsorship, Greene authorized its payment from the
Economic Development Incentive Fund, and on August I l, 2016, she and the County Finance
Director executed the check for $150,000 to Tryon Equestrian Properties and caused it to be
delivered by mail. FROST was not involved in the payment process.

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 43, There was no public notice, nor any vote by the Board of Commissioners,
concerning this contract and these payments. Neither FROST nor Greetre inforrned the other
members of the Board of Commissioners about this contract, nor did Greene inform them of
these payments from the Economic Development Incentive Fund on behalf of the Asheville
Regional Airport.

N. The Pavment loThe Chronicle of theHorse

44. On May 6,2015, Greene received an email containing an invoice from Chronicle
of the Horse for $75,000 on May 6.2015. Greene forwarded the email to FROST expressing
confusion and asking if FROST thought it might be "part of the $250K?" Greene said that she
would callJW and ask about it.

45. On January 4,2016, Greene received an email with an invoice from The
Chronicle of the Horse for $150,000 for a combination of full-page advertisements and two-page
spreads in the physical magazine, from December 2015 through December 20i6, and banner
adveftisements on the magazine's website for January through November 2016, all for the
benefit of the Asheville Regional Airport.

46. Greene forwarded the email to another County employee for processing, with
instructions to pay the invoice from lhe Economic Development Incentive Fund. On January 14,
2016, Greene and the County Finance Director signed the check for $150,000 and caused it to be
mailed to TIte Chronicle of the Horse. FROST was not involved in the payment process.

O. The Other Commissioners Learn qf Some o.f the Payments to the Tr.von
Center

47. During the entire period during which these contracts were being entered into and
paid for, neither FROST nor Greene informed the other Commissioners of any County contracts
with, or payments to, Tryon Equestrian Properties, Equestrian Sport Productions, or The
Chronicle of the Horse.

48. Though FROST and GREENE concealed the fact that the County was funding the
advertising, the fact that the Airport was a sponsor was publicly available. During the eventing
season at TIEC (spring and summer) of 2015 and 2016, the Airport logo and slogan were
prominently displayed throughout the grounds. The Airport was also branded as the prirnary
sponror of a weekend event each year in June. That event was featured prominently online and
in COTH. The Airport was also the branded sponsor of a weekend event each year in February
at the Wellington facility, which was also featured in COTH. Hundreds of thousands of visitors,
many of r,vhom were from Buncombe County, were exposed to the Airport's expenditures for
advertising at the facilities. The COTH advertising contract resulted in over 40 Z-page spreads in
the national magazine, and 12 months of banner ads on the website with a 1 million
"impressions."

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 49. In addition to knowledge by the general public that the Airport was a major
sponsor, the Airport Director and Board had specific knowledge of the County ftrnding. The
Airport Board was informed of and updated about the County paying for the sponsorships during
at least 3 meetings throughout 2015 and 2016. Notwithstanding regular interaction between the
Airport Board and County Cornmission, neither FROST nor GREENE asked those Airport
Board members to conceal the County's funding from their counterparts on the County
Commission or anyone else in Buncombe County. The Airport Director and the members of the
Airport Board were unaware, however, that the Board of Commissioners had never authorized
those payments.

50. The other Commissioners learned about the existence of some County payments,
to a very limited extent, on August 30,2016, when an Asheville newspaper published a column
concerning the Airport's sponsoring an event at the Palm Beach Equestrian Center, prompted by
a reader's sending in a photograph of a check for $22,000 made out to the winner of the
"Asheville Regional Airport Eventing Showcase" at Wellington. A spokesperson for the Airporl
referred the newspaper's columnist to Greene for an explanation.

51. As reported in the newspaper that day, Greene sent the reporter photographs of
three invoices from the Tryon International Equestrian Center which, she said, were for
advertising and promotions at Wellington on behalf of the airport. These invoices were in the
amounts of $25,000, $896.70, and $530. The copy of the invoice from the Tryon Center was a
forgery, in which the Tryon Center's June 5, 2015 invoice for $125,000, had been altered to
reduce the apparent amount from $125,000 to $25,000.

P. The Other Commissioners Learn o-f the.Full Scope qf the Pa.vments oul o.f
iiruntirr rt ni

52. Following Greene's June 30,2017, retirement, County employees discovered,

among other items, all of the County's payments to the equestrian enterprises, comprising the
two years of sponsorship payrnents for the Palm Beach International Equestrian Center in
Wellington, two years of sponsorship payments for the Tryon International Equestrian Center,
and the payment to the Chronicle of the Horse, in addition to several very small payments (such
as the payments of $896.70, and $530, which had been paid to create signs and jumps for the
events advertising the Airport). In August 2017,the new County Manager informed the Board
of Commissioners of this discovery. It was only then that the other members of the Board of
Commissioners finally learned of the number and amounts of these Payments.

53. The Chairman of the Board of Commissioners spoke with FROST about these
invoices, and she told him that she was aware of the initial expenditures but not the total amount.

54. In November 2017, as a result of documents obtained from the County through a
public records request, the Asheville newspaper published a story describing these payments.

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 55. As quoted in a follow-up newspaper story published on November 21,2A17,
FROST said that she had made the introductions between Greene and the people of the Tryon
Center, "and then [Creene] took it to a level I never dreamed would be possible. I was surprised
as everyone at the amount. Very surprised." FROST also stated, "But was that a good expense?
Absolutely not."

Additional Facts

56. FROST did not engage in this scheme to personally enrich herself. She did not
receive any kickbacks or any other form ofpayment in exchange for her support ofthe contracts
with the equestrian enterprises.

57 . FROST was not directly involved with the actual issuance of any of the payrnents
to the equestrian enterprises pursuant to the contracts. That is, she did not process the invoices,
prepare ihe purchase orders, or prepare and sign the checks. Those actions were performed by or
at the direction of Greene.

58. The Asheville Regional Airport received all the bargained-for advertising, and the
airport benefitted from this advertising in the form of increased passenger traffic. The costs
associated with the advertising contracts were typical and not inflated. In June 2016, the
Greenville-Spartanburg Airport ("GSP")-a regional competitor to the Asheville Regional
Airport-replaced the Asheville Regional Airport as a sponsor of TIEC after Greene informed
TIEC that Buncombe County would not renew the contracts. The GSP Board paid the sarne
price tbr the advertising package in 2016 that Buncombe County paid on the Asheville Regional
Airporl's behalf in 2015 (S150,000). The Asheville Regional Airport Board twice attempted to
negotiate the continuation of the sponsorships without the funding that Greene and FROST had
provided from Buncombe County, but ultimately determined that the costs exceeded their
advertising budget.

59. FROST was diagnosed with Parkinson's disease in February 2020. She has been
experiencing increasing motor dysfunction in recent years, and in 2019 she began to exhibit early
signs of memory problerns. A neuropsychologist recently diagnosed her with a mild
Neurocognitive Disorder (NSD"). Approximately 75%o of Parkinson's patients ultimately
develop a major NSD. FROST is currently undergoing physical and cognitive rehabilitative
therapy in an effort to reduce these deficits. Although Parkinson's patients are not known to be
more likely to contract COVID- 19 than the general population, a recent study suggests that the
coronavirus may lvorsen Parkinson's disease through several different rnechanisms, such as
interactions with the dopaminergic system in the brain or through systemic inflammatory
responses. COVID-19 also may interfere with pharmacokinetics, or how a medicine moves
through the body, which could diminish the effectiveness of drugs used to treat the symptoms of
Parkinson's disease. And issues with the respiratory system muscles can make it difficult for
people with Parkinson's disease to take deep breaths and get enough oxygen into the lungs,
which could be an additionalcomplication of respiratory illnesses like COVID-19.

10

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 60. Co-defendants of Wanda Greene (but only tangentially related to FROST) have
had their sentences modified due to the COVID-19 crisis:

r Jon Creighton received an l8-month sentence on August 28,2019. He was

furloughed by the Bureau of Prisons on April 27,2020' Assuming good
behavior, he will remain on furlough status until he reports to a halfway house on
October 13,2020 to begin his period of home confinement. His "good conduct
time" release date is January 23,2021.
e Joseph Wiseman received a 37-month sentence on August 28,2019, that was
modified to 25 months on April 24,2020. He was released to home confinement
on July 28,2020.

R.ANDREW MURRAY
UNITED STATES ATTORNEY

ARD EDWARDS
ASSISTANT UNITED STATES ATTORNEY

Defendant's Counsel's Signature and Acknpwledgment

I have read this Factual Basis, the Bill of Indictment, and the plea agreement in this case,
and have discussed them with the defendant. Based on those discussions, I am satisfied that the
defendant understands the FactualBasis, the Bill of Indictment, and the plea agreement. I hereby
cc“ ify that not dispute this Factual Basis,

DATE〕 矛わ
TONY SCHEER,Attorney for Defendant

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