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Special-ed expert sentenced
to house arrest

The consultant, who worked in
Hawaii, misused federal funds


From staff and news reports

A mental health consultant who worked with the Hawaii on its educational services for special-needs students was sentenced yesterday to six months of house arrest for her handling of federal money in North Carolina.

The house arrest was part of a plea bargain Lenore Behar, 63, of Durham, worked out earlier, the News & Observer of Raleigh reported on its Web site. She pleaded guilty in December to obstruction of justice for trying to cover up how some of the money was spent.

U.S. District Judge Malcom J. Howard surprised Behar's attorneys and federal prosecutors by also imposing a $250,000 fine on her. That comes on top of the $274,000 that Behar already has repaid the government in restitution. She also will be prohibited from working on federal grants while she is on two years of probation.

In Hawaii, Behar served as a mental-health consultant on a court-appointed panel that provided technical assistance to state agencies working to comply with the Felix consent decree, the federal mandate that Hawaii improve its services for special-needs public school students. The panel was disbanded in the year 2000.

A state legislative committee investigating the state's spending to comply with the Felix decree issued a subpoena last year for Behar to testify. However, federal Judge David Ezra quashed the subpoena, ruling that the committee did not have the authority to compel court-appointed officials to testify.

The charges against Behar in North Carolina did not involve her work in Hawaii.

Behar now works for Duke University on a national project for children. She was the head of the Child and Family Services section of the state Division of Mental Health in the summer of 2000 when she lost her job.

She was indicted in March 2001 on charges that included embezzlement, conspiracy, mail fraud and obstruction of justice.

The plea bargain resulted in 45 other counts being dismissed. The indictment alleged she illegally used money meant for needy children on unauthorized projects, including financing travel and cultural exchanges between North Carolina and Israel as part of a state partnership program.

The indictment also alleged she used federal money to pay for second opinions on a pet mental health project of hers that had been unfavorably evaluated.


The Associated Press contributed to this report.



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