GUADALUPE COUNTY, Texas - Law enforcement officials in two South Texas counties confirm that they have handed over their criminal investigations of Josh Balk, the husband of the Guadalupe County district clerk, who's accused of accepting money to complete construction projects then abandoning the jobs and failing to pay subcontractors who performed work for him.
Case records turned over to the KSAT 12 Defenders Wednesday show that Balk was investigated in Guadalupe County for criminal charges ranging from misdemeanor deceptive trade practice to felony misapplication of fiduciary property $30K<$150K and felony theft of property $150K<$300K.
Guadalupe County officials handed over the records this week following an open records ruling by the State Attorney General's Office.
The Guadalupe County cases against Balk, coincidentally, are now with the AG's office, an assistant county attorney confirmed in a written statement:
As I have told you before, at this time, no one has been arrested. I also want to advise you that the entire file has been physically handed over to the Texas Attorney General's Office for them to make the determination on how to proceed. Given the circumstances of this matter, the decision was made that it would be best to have a third party, in this case the Attorney General, to make the final decision relative to the filing of any charges.
The criminal complaints against Balk have caused a headache for investigators in Guadalupe County, since Balk is the husband of Guadalupe County District Clerk Linda Balk.
A Defenders investigation earlier this year revealed that Josh Balk's construction company, Balk Construction Services, made 11 contributions to Linda Balk's campaign totaling $30,143.27.
The contributions included two large payments for advertising expenses and one loan.
Campaign contribution records show that Josh Balk's company made several contributions to Linda Balk's campaign within days of Josh Balk taking draws from a home construction loan for a project in Comal County.
The lead investigator in that case confirmed that he handed over the felony misapplication of fiduciary property case to prosecutors earlier this year.
Officials with the Comal County District Attorney's Office declined to comment on the status of the case via email last week.
Two lawsuits filed against Josh Balk in Guadalupe County late last year are pending.
The suits, filed by construction materials companies, claim that Josh Balk defaulted on payments.
Public records show that Josh Balk filed for Chapter 7 bankruptcy last November, listing $138 in financial assets against $710,247 in total liabilities.
Following a New Year's Day swearing-in ceremony for his wife, Josh Balk told the Defenders that the campaign contributions were profits from his construction company.
Linda Balk declined comment as she left the ceremony.
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