20111 itATES DIS TRICT CIOURT FOR r111, NORTHERN 0131mm or;- emo EASIERN DIVISION {i UNITED STATES OF AMERICA, I I Plaintiff, JUDGE jU GE LEQE . v. CASE NO :123?5?? JAMES C, DIMORA Title 18, United States BRIDGET M, MCCAFFERTY Code, Sections 2, 371, 664, 666, 1001, 1349, ROBERT W, RYBAK 1512, 1519 1951; Title 2.9, United States JERRY .I.. SKUHROVEC Code, Section 501(0) MICHAEL D. GABOR WILLIAM N, NEIHEISER, Defendants. The Grand Jury charges: GENERAL ALLEGATIONS At all times material to this Indictment: Public Entities l. Cuyahoga County, Ohio (?County?) was a government body whose departments included the Cuyahoga County Auditor?s Of?ce (?Auditor?s Of?ce?), Cuyahoga County Engineer?s Of?ce (?Engineer?s Office?), and Cuyahoga County Sheriff?s Of?ce (?Sheriff 3 Of?ce?), each of which was headed by an elected public of?cial. 2, The Board of'Cuyahoga County Commissioners (?County Commissioners?) was the central governmental body of the County, consisting of three co~equal members who were elected at large for four-year terms. Each year, the County Commissioners elected a president, who served on the Board of Revision and the County Records Commission. The County Commissioners? powers included budgeting, levying taxes, issuing bonds, letting contracts for public works services, monitoring expenditures, administering purchases, and making personnel decisions. The County Commissioners were also responsible for approving all collective bargaining agreements and administering federal grant monies. 3. The County Commissioners had authority to appropriate funds for the operations of their own agencies and other elected County officials, including the County Auditor, County Engineer, County Prosecutor and the Cuyahoga County Court of Common Pleas (?Common Pleas Court?). 4. The operations of the Common Pleas Court affected interstate commerce. 5. The operations of the County affected interstate commerce. 6. The Operations of the County Commissioners affected interstate commerce. 7. The operations of the Auditor?s Office affected interstate commerce, 8. The operations of the Engineer?s Office affected interstate commerce. 9. The operations of the Sheriff?s Of?ce affected interstate commerce. 10. The Ohio Public Employees Retirement System was a state pension fund located in Columbus, Ohio. OPERS provided retirement, disability and survivor benefit programs for public employees throughout the State of Ohio, who were not covered by another state or local retirement system. OPERS was established in or around 1935 to make available a secure means to provide retirement for Ohio public employees. The system was originally named the Public Employees Retirement System and changed in or around 2003 to become OPERS, In order to obtain OPERS bene?ts, it is necessary for the public employee to complete Form A, and rnail it to OPERS in Columbus, Ohio. 1 1, School Districts 1 and ,2 were public school districts located within the County. Private Entities 12.. Alternatives Agency was a non-profit organization that provided treatment and rehabilitation services to post~incarceration individuals in criminal cases who had been ordered to receive such services. The funding AA received from the County was controlled, in part, by the Cnyahoga County Corrections Planning Board, which fell under the auspices of the Common Pleas Court, AA was located on East 55th Street in Cleveland, Ohio. 13, operations affected interstate commerce, 14, DAS Construction was a commercial construction company located in Garfield Heights, Ohio, with experience as a general contractor, construction manager, and design builder, DAS Development Inc, was related to DAS. IS. The operations of DAS affected interstate commerce. l6. Green-Source Products, LLC (?Green~Source?) was a manufacturer of green building products located in Cleveland, Ohio. Steven Wayne Pumper was a de facto executive of Green-Source. l7. IceLand USA?Lakewood, LLC (?Winterhurst?) was an ice skating rink located in Lakewood, Ohio. Winterhurst"s operations affected interstate commerce, 18. Local Union No, 55 (?Local 55?) was a labor organization, within the meaning of Title 29, United States Code, Section 402(i) and engaged in an industry affecting interstate La.) commerce. Local 55 was a subordinate chapter of the United Association of our-neymen and Apprentices of the Plumbing and Pipe?tting Industry of the United States and Canada, which represented plumbers working for private companies and public entities in the Northern District of Ohio, Its Operations affected interstate commerce. 19. The Joint Apprenticeship and Training Committee Fund was a Local 55 employee benefit plan that was designed to provide training and classes for Local 55 members, The was subject to the provisions of Title 1 of the Employee Retirement Income Security Act of 1974 Its operations affected interstate commerce 20, The JATC had a committee consisting ofsix trustees: Three Local 55 union members and three contractors The three Local 55 members were appointed by the Local 55 Business Manager, The responsibilities of" the ATC committee were to promote the education and training of Local 55 apprentices, to review expenditures and purchases made by the IATC and to ensure the financial well-being of the JATC. 21. Reliance Mechanical, LLC (?Reliance Mechanical?) was a heating, air conditioning, and plumbing contracting company located in Cleveland, Ohio, Reliance Mechanical?s operations affected interstate commerce. 23. Salva Stone Design (?Salva Stone?) was a granite retailer located in Cleveland, Ohio. Salva Stone purchased granite from suppliers and custom fabricated the granite before installing it for customers. Its operations affected interstate commerce. 24, Zavarella Brothers Construction Company was a masonry subcontractor located in Bedif'ord Heights, Ohio. ZBC subcontracted its services to general contractors on private retail, commercial and office building construction projects Its operations affected interstate commerce, 25, Business 5 was a privately owned development firm, Business Executive or Employee 7 was an of?cer or employee of Business 5. Business 5?s operations affected interstate commerce. 26. Business 14 was an electrical and technology contracting company located in Bedford Heights, Ohio. Its operations affected interstate commerce. 27, Business 30 was an Ohio limited liability company, operating to provide consulting and government relations services JAMES . DIMORA and Frank P. Russo had an interest in Business 30's success, Public Officials and Employees 28. Defendant JAMES C. DIMORA was an elected County Commissioner, whose r'eSponsibilities included budgeting, levying taxes, issuing bonds, letting contracts for public works services, monitoring County expenditures, administering all purchases for County use, and approving funding to build and maintain certain roads, In addition, DIMORA had the authority to in?uence personnel decisions within the County, including hiring, approving raises and promotions, terminating employment, and establishing job duties, 29. Frank Russo (?Russo?) was the County Auditor, an elected County official, He was the County?s chief fiscal of?cer, with overall responsibility for all County funds. As the Auditor, Russo served as secretary to the Board of Revision, which had responsibility to rule on property assessments and hear valuation complaints, and as secretary to the Automatic Data Processing Board, which reviewed information technology related purchases and contracts for the County. Russo had the power to influence contracts and expenditures within the Auditor?s Office and had authority over personnel decisions within the Auditor?s Office, including hiring, approving raises and promotions, terminating employment, and establishing job duties. 30. Defendant MICHAEL D. GABOR was an Auditor?s Office employee. 31. Defendant BRIDGET M. MCCAFFERTY was a Common Pleas Court judge. 32. Defendant JERRY SKUHROVEC was an Auditor?s Office employee, who obtained employment with the Sheriff?s Office in or around April 2008. SKUHROVEC also had an ownership interest in Batting Cages in Maple Heights, Ohio. 33. activities affected interstate commerce. 34. John Kevin Kelley (?Kelley?) was employed in various positions Within County government from approximately 1998 through June 2009. In 2004, Kelley became the Geographic Information Systems project manager. His salary was funded in equal parts by the budgets of the Engineer?s Of?ce, the Auditor?s Office, and the County Commissioners. From in or around January 2000 until in or around March 2009, Kelley served on the Parma City School District Board of Education, an elected position. In both of those roles, Kelley had the power to in?uence public policy, contracts and expenditures. In addition to his public employment, in or around May 2003, Kelley created a consulting business, .1, Kevin Kelley Consulting, LLC. 35, Kevin F. Payne (?Payne?) served as the ChiefofStaff at the Engineer?s Office from in or around September 200.2 to in or around February 2009.. In that capacity, Payne had the power to influence public policy, contracts and expenditures and to oversee hiring and promotion in the Engineer?s Of?ce Payne was also responsible for administrative matters at the County Sanitary Engineer?s Office? In that capacity, he was responsible for negotiating with the respective unions, Payne was Kelley?s supervisor at the Engineer?s Office. Payne was also an attorney licensed to practice law in the State of Ohio, 36,. The activities of Payne and Payne?s law practice affected interstate commerce. 37. Public Official 3 was an elected County of?cial with jurisdiction over inspectors on road construction projects, 38. Public Official 6 (?1306?) was an elected public official with the power to influence certain aSpects ofCity ofCleveland contracting. 39, Public Official 7 was an elected public official with the power to in?uence certain aspects of contracting for a municipality located within the County, 40, Public Official 8 was a County Domestic Relations Court judge 41, Public Officials 9 and 10 and were elected County officials, whose reSponsibilities included budgeting, levying taxes, issuing bonds, letting contracts for public works services, monitoring County expenditures, administering all purchases for County use, and approving funding to build and maintain certain roads" In addition, P09 and P010 had the authority to influence personnel decisions within the County, including hiring, approving raises and promotions, terminating employment, and establishing job duties. 42, Public Official 1 1 was a candidate for County Probate Court, who won election in or about November 2008. P011 was a relative of?Russo, 43. Public Official 12 (?13012?) was an elected County official responsible, among other duties, for maintaining public safety, custodial care, law enforcement and selling foreclosed pmpertics P012 had the power to influence personnel decisions within the of?ce to which P012 was elected, including hiring, approving raises or promotions, terminating employment, and establishing job duties, 44. Public Of?cial 13 was Clerk of Courts for a municipality located within the County. 45, Public Official 14 was an elected public official with the power to influence certain aspects of contracting for a municipality located within the County. 46. Public Official 15 was a Common Pleas Court judge, 47. DIMORA was an agent of the County as de?ned in Title 18, Section 666(d)(1), United States Code, 48. Russo was an agent of the County as de?ned in Title 18, Section 666(d)(1), United States Code. 49, Kelley was an agent of the County as defined in Title 18, Section 666(d)(1), United States Code. 50, Public Employee 1 was employed by the Engineer?s Office, 51, Public Employee 10 was a County employee with jurisdiction over certain aSpects of County contracting, including responsibilities related to the County?s Small Business Enterprise and Minority Business Enterprise requirements 52, Public Employee 1 1 was a County employee who reported to DIMORA. 53. Public Employee 13 was an employee of the County Commissioners? Of?ce with management and policy responsibilities. 54. Public Employee 15 was a County employee with jurisdiction over smoking issues, 55. Public Employee 18 was a County employee who reported to DIMORA, and whose responsibilities included maintaining schedule 56? Public Employee 19 worked in the County Department of'DevelopmenL 57, Public Employee 21 was a County employee working in of?ce, 58? Public Employee 22 was a student employed at times by the County 59, Public Employee 23 was appointed by the County Commissioners as the County?s chief'Operating officer. P1523 served in that role until in or around July 2008. 60? Public Employee 24 was a Sheriff?s Of?ce employee. Public Employee 26 was the Human Resource Manager For a municipality located within the County 62. Public Employee 27 was a County employee working in Dimora?s of?ce, 63, Public Employee 37 was an agent of the City o-fCleveland Building and Housing Department. P1337 worked as a building inspector, responsible for inspecting structural work on commercial and residential construction projects within the City of?Cleveland to ensure compliance with the City of Cleveland?s building and zoning codes, At all times material to Counts 20 and 26 of this Indictment, PE37 was cooperating with the government. 64- Public Employee 38 was employed by the State of Ohio. 65~ Public Employee 39 was employed by a municipality located within Cuyahoga County, 66, Public Employee 52 was employed in the County Department of Development. 67, Public Employee 55 was Russo?s domestic partner and at various times, a County employee, Other Individuals 68. Defendant WILLIAM NEIHEISER was the president and Chief Executive Officer of" Reliance Mechanical, had an ownership interest in Reliance Mechanical and in Winterhurst, an ice~sl130 010 01 Masmox .1001:an 110K op ?le 0000: 1 ?ugAs 0300} 33001.1 0p ?01.11 qu mom] mama .1?qu ?pgus WOWIG ?xoaf?md SIT 01910 uognod 010101100 00100qu 0111 312M ?mgwag xguaoqd 113110.013, ?msam 12:11 102} 0:11 000.1 03303 put-2 WOWIG ?210110 11200010,, 13 .1st 313m .11 [Igeidxa pup, ?anglagojdu sq 01 [10.1 pm; {11001)} [1120 WOWIG [301308303 00111 055?}1 ?[0000003003 02mg] 011g 0mg BLIEQMJQAQ K11 ?panda: 03311)} pure 0ng p101 WOWIG ?0000:1113qu 021313 13002812 ?ugmduxoo 813M Kundmoo {[ogqm WOWIQ 0031312 03511)} 'p;q 02mg} Mason 01 Jamaqm apgoap 01 0mm plnom 00130 39101110030.? 0111mm 033m} pm; WOWIG ?'puoq uomgm 05$ [ops] 12 ?100 am pm uogmm gm; 13 suuiqns 01.1 5,5011 mm ?ungtm J0 1120:] mm 00A *dn p031"; s; [s?uogwnmuog 021213],, ?ossng p101 VHOWIG ?Lil?d 117:4; .112 300?: ?92: ?119,111qu moq?e .10 no ?"0101.? 90013me 0 ?pgudm WOWIG 011331 013 sq .100 plnom pun maf'md 311011.130 uomod 010101100 011.1 00 .mpqu mol 0111 gram ?mauxag xgueoqd ?A'Luadmoa 1011.10 112m WQWIQ {310.1 03112 mam); ??3qu 01.1130 Eider) 12 .103 1301103 ?pges WOWIG 'sp;q 011.1}0 3102.100 passnasgp 00113, WOWIG pun mean} ??poo? ?130m01 0m awe/i 00? ?ppas WOWIG ??mol 0.19M 0.13m 11:30 ?pies 10031); ?5110mm ?poqou 0.10141 ?12010? ?papuodsm WOWIG 311' 01.1.1 00 193mm mm trogmm 01$ 10qu mm uogonnsuog azegg 112111 VHOWIQ p10} meam qogqm u; uogmsxamoa auoqdam 12 [3131.1 WOWIG put; away 9135 Kwnaurgxo?cha 112 3002: ?23 ?11311.ti .10qu 10 00 ?11130 ?papuodsm WQWIG ?511001 me 0m 01 1g pmzwe 0.1 8MB sq 0} bid for different portions of the NC project but were not the lowest bidders. DIMORA complained there was not much he could do because he would have to explain to the other County of?cials why they were not accepting the lowest bid. Russo said, tell all these guys go in low and just add a thing or two on as you go along.? DIMORA responded, ?Yeah,? Russo said, ?But they don?t listen.? DIMORA replied, 0. On or about March 10, 2008 at approximately 11:41 am, Kelley and Kleern had a conversation about the Las Vegas trip. Kelley informed Kleern that DIMORA and Russo only wanted a select group of people to travel with them to Las Vegas because ?they and Russo] were afraid about too many people knowing too much about what we are doing.? Kleern indicated he would have his secretary ?book? all the hotel rooms. Kleem then asked Kelley who was ?taking care of the travel,? Kelley responded by telling Kleem it was up to him how Kleem wanted to handle the travel. Kelley also informed Kleein that DIMORA and Russo were traveling first class and asked, ?If?yon want to do that, you know, I can book that for you if you want.? Kleezn replied, ?Absolutely. I can take care of that, that?s not a problem. I, I need to know the times and the dates and tell [my secretary] I?ll talk to my travel agent and I?ll get it arranged, but you know we got to work it out in a certain way, you know that right?? Kelley replied, ?Yeah, absolutely,? P, On or about March 10, 2008 at approximately 3:35 pm, DIMORA, Kelley and GABOR had a conversation about the Las Vegas trip in which DIMORA confirmed he was working with Kleem and that everything would be fine with the room Q, On or about March 10, 2008 at approximately 3:58 pm, DIMORA and Kelley had a conversation in which they discussed the possibility that Russo might not go to Las Vegas, Kelley said, ?He [Russo] ain?t passing up Vegas, especially with Ferris [Kleem] gonna be there, He?s [Russo?s] already got Ferris convinced that he?s got him ten jobs lined up,? DIMORA replied, ?Yeah,? R, On or about March .20, 2008, DIMORA voted to award Phoenix Cement a contract valued at approximately 84,5 76,000 for the concrete portion of the .lC project, 8, On or about March 25, 2008 at approximately 9:04 pm, Kelley and DIMORA spoke about the need to give Kleein?s secretary a list of people who needed hotel rooms at the Mirage, DIMORA then iufonned Kelley that DIMORA and Russo had a lunch scheduled with Kleem on April or April 2nd. DIMORA agreed to speak to Kleem about the rooms during that lunch, T, On or about March 26, 2008, Kelley and Russo spoke about their upcoming trip to Las Vegas. Russo said, can?t wait,? Russo confirmed he was meeting with Kleem before the trip, Kelley and Russo then Spoke about their hotel rooms in Las Vegas and whether the reservations were ?all set.? Russo said he would speak to Kleetn about the rooms and ?get it all organized.? . On or about April 1, 2008, Russo spoke with BE13 about his upcoming lunch with Kleem and DIMORA, 131313 asked Russo to make sure ?we keep the MCOs at his [Kleem?s] personal companies and in Berea is what we are really looking for.? Russo con?rmed, ?We want to keep his [Kleem?s] MCOs and we want to get . . what is the kid?s name 3.3 out there, 81313 gave Russo the name and indicated he had met with P07 already but think may need a push from you know who,? Russo said, ?We got to get that one out there, you know what 1 mean.? V, On or about April 2, 2008, Kleem met with DIMORA and Russo at Teaniz Restaurant to discuss the Las Vegas trip, During the meeting, Kleem gave DIMORA and Russo each an envelope containing $6,000 in cash; $1,000 each for their airfare to Las Vegas, and $5,000 each for gambling, the latter to insure that DIMORA and Russo each gambled enough to earn the ?comped? suites at the Mirage that Kleein had reserved. W. On or about April 2, 2008 at approximately 1:50 pm, during the Teamz lunch described above, Russo received a call from 131313, Russo told B1313 that DIMORA and he were still at lunch with Kleein. BE13 asked Russo, ?Will you true up with that stuf?f?I talked to you about with his companies and that other thing.? Russo replied, ?Absolutely.? BE13 told Russo that he was ?heading to that office [Business 22] and they 5 and 81316] are going to be drilling tne,? Russo said, ?Tell them JIMMY and I are still at lunch with him now and we are going to try to keep those, plus get more plus . . will definitely take care of us.? Russo said, took care of us, they [Kleern and got no choice.? Russo said to DIMORA in the background, remind me before we leave about something over here with the city.? DIMORA replied, ?Berea city,? Russo said, ?Yeah, okay with Russo con?rmed that BE13 had already talked to P07 once. BEIB responded that he already talked to P07 and was supposed to get back to by May lst, but ?you know . . little bit a little little little message that?s all.? Russo responded, ?Okay,? 34 X, 011 or about April 2., 2008 at approximately 3:00 pm, Russo led the following voice mail message for 131313: about ten to three. My luncheon is over. Everything worked out good. He [Ferris Kleen?i] said he was going to talk to And his accounts are still stable so everything?s ?ne, I*ll call ya on the cell.? Y. On or about April 2, 2008 at approximately 3:45 pm, during the Teamz lunch described above, Kleern told DIMORA he was having trouble determining whether he had obtained a taxi-way contract on which he had bid at Cleveland Hopkins International Airport. DIMORA called P06, stating that he was ?sitting with a good friend ofours, Ferris Kleem.? DIMORA asked P06 about the status of the taxi~way project, for which Blaze Construction was the low bidder. Kleem then began speaking on telephone, Kleein told 1306, ?We hid it about a month and a half ago, six, maybe eight weeks ago now and it?sjust been going around and 1 can't get no answers from down there.? P06 stated, ?That?s a phone call away,? and confirmed the name of the project, P06 asked, ?Should I call you directly orjust call JIMMY Kleetn provided 1306 with his cell phone number for a direct call back, P06 stated, won?t speci?cally ask for you [Kleern], I?ll just say, ?What?s the status ol? everything in . . . if everything is in place, would it be a proper assumption that the low bid would get it?? P06 also told Kleein that he would obtain information about the ?timing? of the contract award. Z. On or about April 2, 2008 at approximately 4:20 pm, and alter the Teamz lunch, Russo and DIMORA discussed their meeting with Ferris Kleein, DIMORA stated, ?He [Kleem] made me sick with ten more issues.? Russo replied, ?You should have left when I left.? 35 AA. On or about April 2, 2008 at approximately 9:35 pm, P06 informed DIMORA, took care of Ferris [Kleern] a little bit if?that?s all right,? DIMORA replied, ?Oh, that?s fine,? P06 then informed DIMORA that Kleem was the low bidder and he was going to receive the job, DIMORA con?rmed Kleem would receive the contract and stated, ?Oh that?s good,? P06 then said, ?You helped deliver but it was going to go his way but we just gave him the timing,? DIMORA replied, ?He [Kleem] said he was the low bidder but he thought they were trying to take it away from him.? P06 then informed DIMORA that call should be helpful and the contract should be awarded to the lowest bid. P06 added, ?So if they are going to around with him [Kleern] now, they know that I called. I didn't say anything about you DIMORA stated, ?He [Kleern] says he sends you money.? P06 replied, ?Minimal.? BB, On or about April 3, 2008, Russo and Michael D, Gabor had a conversation in which Russo said, ?Don?t say anything, but we just met with the one guy [Kleem] who?s going to be there [in Las Vegas], he?s gonna have whores and he?s got a tiki hut by the pool, he?s got everything.? Gabor replied, heard, That?s a beautiful thing, that?s awesome,? Russo continued, ?Monday night we?re going to dinner at this great restaurant there.? Gabor said, ?Yeah, that?s awesome,? Russo added, ?It is going to be a nice time,? Gabor then confirmed Russo received his ?package [itinerary]? Gabor told Russo it was his (Gabor?s) decision to put it in an envelope because it was ?nobody?s business,? Russo replied, paid Kevin [Kelley], I did not want anybody to say they paid for our tickets. So JIMMY and I gave him a check today for our tickets because i didn?t want no rumors to start that Kevin 36 [Kelley] took us to Vegas or that other guy [Kleein] took us to Vegas. This way we got proof we paid our own tickets and I have no problem then. You know what I mean.? GABOR responded, ?Absolutely. F~-k it, This was what . . . you got the cheek, it?s done." CC. On or about April 6, 2008, Kleern called DIMORA and asked found the limousine driver who was waiting for DIMORA at the Las Vegas airport. Kleein told DIMORA to check in as a VIP at the Mirage. DD. Starting on or about April 6, .2008, Kleern gave DIMORA gaining chips valued at approximately $3,500. EE. On or about April 7, 2008 at approximately 3:31 pm,1 DIMORA had a telephone conversation with 1 about the JJ project bids, DIMORA asked PEI 1 whether the low bidder had included a $3.5 million allowance. DIMORA explained that if'the low bidder had not included the allowance, its bid would not be low. DIMORA asked 1 to find out and to call DIMORA back. DIMORA emphasized it was ?important.? PP. On or about April 7, 2008 at approximately 3:44 pm, PEI 1 called DIMORA back. PEll explained the bid speci?cations to DIMORA, which made Blaze Construction the second lowest bidder. PEI I also informed DIMORA that he had Spoken to P1310 to ascertain whether the lowest bidder had ful?lled its SBE requirement. DIMORA instructed PEI 1 to speak to Kleeni directly to make sure ?we?re talking apples to apples,? DIMORA then handed the telephone to Kleern. Kleen'i inquired whether the low bidder included tAll times mentioned in this Indictment are Eastern Time, even when describing conduct occurring outside the Northern District of Ohio, 37 the $3.5 million allowance in its bid. PEI agreed to ask other County employees to find an answer for Kleem.. GG. On or about April 7, 2008 at approximately 8:11 pm, DIMORA told Kleem that Kleem had ?missed all of the crazy antics? at the Bare pool after Kleein left, Kleem asked, ?What happened?? Dimora then explained what happened at the Bare pool, Dimora then indicated, ?They had a lot of laughs.? Kleem said, ?That?s good, I?m glad you had a good time,? DIMORA replied, ?Oh we laughed we laughed. The hottest broad was the one in the red, the server. . Kleem later said, ?The girl . my friend here she looks kinda like that except she dyed her hair blonde, that?s the only difference. She would come up . ., she?s in California. I couldn?t believe it . . . . That?s the one I was going to send to your room.? DIMORA said, ?Well, hopefully [the casino host] can come up with somebody,? Kleern replied, ?Yeah we?ll, don?t worry. We?ll come up with somebody tonight, Don?t worry, I?ll make some calls. I know some other broads here.? Dimora and Kleem later agreed to meet at the poker table. HH. On or about April 8, 2008 at approximately 11:10 am, DIMORA called PE11, DIMORA said, ?This Ferris Kleern is down here at the . PEll indicated he spoke with PEIO about the ?$35 million thing,? and P1310 was confused about what it meant so PEI I needed to speak with PE13, DIMORA said, don?t even know what he [Kleein] is talking about, but he cornes to get me, you know of all things these people, some of these people that are down here from Cleveland? Uh, so he?s [Kleern] down here. He [Kleern] comes and grabs me with this nonsense. I says, ?Ferris I don?t know anything about it let me call 1 and I will let 38 69 ?0.101110: 12 1.11 01311} sq 1111 "?1,101? 1510p $111,, ?papuodsal {0001'} ?51210100 was 0.1 30103 0.15m moq 11303, 81 03933010 12 semi? 011s ?pgus 151111? ?03)180 pun >10raq panes WOWIG pm; paddmp 1100 01.11 1; 11011.1 pun 3001) 3:13 10030 113111 31 (5.112111 pm; a?essmu 13 am 2mg 1113 5101,, ?pgas 10013 99:) 89M .Iaqmnu 1000.1 3111 13901111003 WOWIG 1000.1 01 d0 133.101 1300 Lusam memom 0111 301151 01 8011(1) 88M 011 112:1}, K138 01 WOWIG 13011120 maem 91716 ?awmgxouidde 19 3003 ?3 111dv 100(112?10 00 ?1?1 30100003 11.0 sasodumd 3111 .101 113120 01 000?151; .1011 p100 pug {0001 101011 3111 0.1 uemom 311.1, 139310090 ?0013123 pun 10.1011 0311ng 0111 01 ..10q 13 .112 QAqu paqgmsap umuom 100.1 {mam 01716 113 3002' ?3 11.1dv 00 $131 "01010me saogmas 10111131105 0.1 0130mm 0111 01 1103 0001.1d01a1 13 p0001d 11100131 "ut'd 30:1 K10112Lugx0..zdde 312 3003 ?3 11.1dv 100cm .10 00 01013.0 ?11? "Jaqmnu 0000(10131 12 111110 30010 jaded 10 0001:! 12 00 91,0120 1811.} symuom 9101M {a .101 .wqmnu auoqdam pm; 31000 9113 {mm 010001 papmmd 011m ?13011 01.11300 3111 0.10.11 11:30 01:011da103 13 11010900.: ?3301110 13013 wowm 1.111;? 01cm 300008 13 .10 3011.118 011L1M ?Luaam ?50:1 2,12 3003' ?3 1mmr 1110q910 HQ "11 ?010001 01 mods m1 831133; 3513 0111 100cm ?ung/{013 ?133 100 01mm 1 151d 113m WQWIQ 31.11110} {Cq papuodsax 1 131d ?Gauss; 31513,, 9111.10qu {0091)} 0.1 a>10ds 1mm: 0L1 1310.1 WOWIG 10131qu m01 011.1 {1.100 151m 108101 [1011110 ?5011331 333,, 101.10910d moqe mods 0901 1 131d pm; wowm ?3101 80131001 81 0111010300 112L130 mom 110013 1 "0,110 0&3 1100:) 00K 1.1 003? 13013 00000 11:33 31100313 00 )10120 1.0001)1 11130 01 1 [?ch palozmsu; 091.11 wowm "911331 0111 100C113 0.1 311131 0.1 panama 911 13011301pug 0112313 1 121(1 ?11031113 1 01 311131 110K MM, On or about April 9, 2008 at approximately 12:44 am, DIMORA called Kleern and thanked him. Kleem asked DIMORA, ?Was that the best or what?? DIMORA said, ?Yeah, she?s good, a little chatty, but good,? DIMORA and Kleem then agreed to meet at the Chinese restaurant in the Mirage, At the end of the conversation DIMORA said, ?Thank you though. It was excellent. Thank you, thank you,? Kleem replied, ?No problem buddy.? NN, On or about April 9, 2008 at approximately 1:35 am, while at the Chinese Restaurant in the Mirage, Kleem asked DIMORA to have a certain inspector at the Engineer?s Of?ce assigned to the Snow Road project. DIMORA agreed to use his influence to have the inspector assigned to the Snow Road project. 00. On or about April 9, 2008 at approximately 12:10 pm, DIMORA called Russo to inquire about Russo's return flight from Las Vegas, Russo described his flight and then asked DIMORA, ?Where the hell were you last night? We waited til 9:30, . DIMORA replied, had a masseuse come over to the room and, uh, . Russo and DIMORA then had a discussion about the charges on Russo?s bill from the Mirage, Russo said, lost money, Don't say nothing but my room was $900 and [the casino host] wouldn?t do any different but you know DIMORA said, "What.? Russo continued, "Yeah, Remember he [Kleem] said don?t tell Kevin [Kelley] or anybody what the bill is because he gave us money for the bill too.? DIMORA then inquired, ?You didn?t have to pay it did you?" Russo informed DIMORA he put the bill on his credit card and suggested DIMORA would also be charged for his room. DIMORA expressed surprise that he might be charged, Russo then said, didn?t want to say it in front of Kevin [Kelley] because remember ?cause he [Kleern] said don't say nothing in 40 front of Kevin, So when Kevin said, ?Is your room taken care of?? I just looked at him and said, ?Yeahm DIMORA asked if Russo spoke with the casino host, Russo said, "Yeah. They called him up and he said 110138 they already got their discount they know the story .. .. the two suites. So, . DIMORA said, "Oh. No s~~t we got to pay $900?" Russo and DIMORA then discussed how PESS had room service charges and how DIMORA's hotel bill may be less since DIMORA did not order room service. Russo then suggested some of the others may have charged things to his room and to roorn Russo told DIMORA he was with the others the previous night at the Chinese restaurant when the bill carne, ?Kevin [Kelley] goes f~~k ?eni, You guys [Russo and are getting all your DIMORA and Russo then discussed how Kelley and Pumper both received free rooms. DIMORA said, "Yeah. I don?t know, Ferris [Kleein] told rue, he said, ?Oh, your room should be free you know, you played enough, you were playing They were telling me I averaged $100 a hand. And 1 don't know how many hours they had me down.? Russo then complained, ?Well I lost six thousand ing dollars in black and white. They seen it," DIMORA then inquired if the money Russo lost appeared on his Player?s Club account. Russo con?rmed the money he lost was re?ected on his account and said he was told by a casino worker, ?Nah, that ain't enough for the big suites." DIMORA was surprised Russo did not receive anything from the Mirage based on the arnount of money Russo spent gambling, Russo replied he only received the "casino rate," Russo then added, "Yeah, so they charged $91 1 on my charge but I am not going to argue with the girl, 1 said I'll pay," DIMORA replied, ?Yeah." Russo continued, "Because we had the money to pay for it, It isn't like you know what I mean.? DIMORA agreed, Russo again suggested 41 DIMORA would be charged for his suite and told DIMORA, "Just throw it on your charge and be done.? Russo then added, ?Just don?t say nothing to anybody ?cause I don?t want . . ?cause if?I would have told Kevin [Kelley] he would have made a thing and ?cause remember he [Kleem] told us, ?Don't say nothing about the room,? remember.? DIMORA replied, "Yeah." Russo then said, ??Cause that's why I don't want to get nobody in hot water. DIMORA and Russo then discussed the logistics of checking out of the Mirage. DIMORA questioned whether he should speak to the casino host, Russo responded, "Yeah you better, unless you want to have $600 on your charge.? PP. On or about April 9, 2008 at approximately 1:26 pan, Kleem, while at the Las Vegas Airport, called DIMORA, who was at the Mirage. Kleern told DIMORA he had heard PEIO was going to recommend throwing out the low bid for the project general trades contract, DIMORA inquired whether the low bid was going to be disquali?ed because of the SBE. Kleem replied, ?Yeah.? DIMORA then confirmed he had previously heard some rumblings that the SBE used by the low bidder was ?questionable.? Kleem then added that the SBE subcontract was also unsigned. DIMORA said, ?We threw out the same thing for the ?re suppression system,? referring to an unsigned SEE. DIMORA later added, ?Well, that?s good news for you [referring to the possibility that Kleern?s higher bid might be accepted].? Kleem responded, ?Yeah, it is.? DIMORA then offered to have PEI 1 make some inquiries about the questionable 8813 and call Kleem back, Kleem informed DIMORA he (Kleem) was boarding a plane in ?fteen minutes and suggested they talk when they returned to Cleveland, Kleem also said, just wanted to let you know, see if there was anything you know, you could do.? 42 DIMORA indicated he would check with PEI I to see what was going on with the bid, DIMORA also told Kleem that he (DIMORA) was going to meet with the Mirage marketing host to check out, DIMORA informed Kleern that the Mirage charged Russo for his suite, Kleein replied, ?Yeah, yeah, l?ll take care of hint [Russo], don?t worry whatever, whatever we got to do,? DIMORA then suggested he would not be charged for his room because he ?gambled pretty heavy on every day,? Kleern replied, think you?re fine. I think you?re fine,? DIMORA added, think he [Russo] also charged a bunch of s?t to his room.? Kleem replied, ?Yeah, we?ll take care of it, don?t worry,? DIMORA again offered to ?Check on that other thing [the low bid on the NC project],? DIMORA and Kleeni agreed they had a great time in Las Vegas. DIMORA said, ?It was a f--?ing blast.? Kleern replied, . It was the bomb, We got to do it again,? DIMORA said, ?We were saying what a fming great time we all had. We appreciate your hospitality and your generosity. That?s very nice of you,? DIMORA concluded the conversation by telling Kleeni, ?Well, I?m going to keep my ?ngers crossed for you, That [the JJC project] would be a good thing for you.? QQ, On or about April 10, 2008 at approximately 1 1:05 Kelley thanked Kleern for everything in Las Vegas and informed Kleem that he (Kelley) owed Kleem money, Kleem reSponded, don?t want to hear that anymore, just take care of'zne some time and do something.? Kelley replied, ?Well, you know that, that goes without saying.? Kleern then told Kelley the name 01" the inspector Kleem wanted assigned to the Snow Road Project. Kelley told Kleem, ?Okay, that?s good, I?ll call you right back okay, let me get started on that right now.? 43 RR. On or about April 10, 2008 at approximately 1 1:14 am, Kelley and Kleern had a second telephone conversation in which Kelley recounted a conversation Kelley had with PEI, Kelley said PEI had not been receptive to Kleeni?s request that a certain inspector be assigned to the Snow Road project. In response, Kelley had invoked name and told PEI that DIMORA wanted to do this for Kleeni and suggested could not ?get it done,? DIMORA would contact P03 directly to make sure the inspector was assigned to the job. Once Kelley had said this to PEI, PEI agreed to ?look into? the situation, SS, On or about April 10, 2008 at approximately 4:13 pan, DIMORA and Kelley had a telephone conversation in which they spoke about what a good time they had in Las Vegas, DIMORA jokingly said he put a picture of? Kelley on the internet. Kelley responded that he is calling all their wives to tell them about what they did in Las Vegas, DIMORA said, just went one simple massage is all I had.? Kelley joked that DIMORA was going to get ?hives? all over his lips because of what he did with the ?hooker,? DIMORA replied, get them, I am drinking out of?everybody?s cup when nobody is looking, so that everybody catches it so it is a common disease that we are all going to catch together.? DIMORA then told Kelley that Russo had complained about DIMORA getting ?comped? because Russo had to pay $900 for his room. Kelley suggested Russo had to pay because of all the clothes PESS charged to Russo?s room, At the end of the conversation DIMORA told Kelley, ?Don't forget to talk to about that guy [the inspector for Show Road].? Kelley said, already did, I talked to first,? Kelley then added, talked to and he was a little like, well, why didn?t Ferris call me? So I called Ferris and I told him, I said, ?Ferris, you knowl told that we ran into [you]. I didn?t tell 44 him where,? So I told Ferris, ?Just tell him you ran into us and you told us not to say anything but we [Kelley and jumped on it too fast, you were going to call, wait a day or so and call him [13131].? So I think it will all work out, If not, then I?ll have to get you on the phone, me, you and on a three way or something like that.? DIMORA replied, ?Alright. I saw today. I should have said something to him.? Kelley replied, ?It will work itself out, It will all be line,? DIMORA added, mean it didn?t sound like it is a big deal,? Kelley replied, ?It?s not, but these fming guys, these people get power and . - I?m hoping that PEI does the right . . I told him what to do, I lead him to it, Hopefully he does it. If he doesn?t then I?ll have to go over his head.? DIMORA replied, ?Let me know if] need to do something because we got to do something. I mean he?s [Kleem] not asking for anything ridiculous,? Kelley said, know absolutely, I?ll take care of it,? DIMORA said, ?We got to do that at least,? Kelley added, ?If it doesn?t get taken care of, I?ll call you, but it should be taken care of, I told you would consider it a personal favor if he took care of this,? TT. On or about April 10, 2008 at approximately 6:46 pm, DIMORA and GABOR discussed the MC bids. UU. On or about April 10, 2008 at approxin'iately 8:14 pm, DIMORA and Russo discussed a Plain Dealer reporter who called Russo about the Las Vegas trip, Russo and DIMORA agreed it was nobody?s business about their personal trip to Las Vegas because the County did not pay for their trip. Russo said, am so glad I paid for my ticket,? DIMORA replied, ?You have to .. They are going to check all that,? DIMORA and Russo then complained 45 about the reporter wanting to know who was with them in Las Vegas. DIMORA said, ?I?m not going to tell him [the Plain Dealer reporter] that I saw Ferris Kleem over there [in Las Vegas], Russo replied, ?No, no. I would say I didn?t see him. DIMORA reSponded, ?I'll say I saw a bunch of people over there.? Russo said, ?Whatever you do, don?t mention his name JIM VV. On or about April 15, 2008 at approximately 6: 15pm, DIMORA asked Kelley, ?Listen, did you get, take care of that guy with that project, whatever the his name is?? Kelley replied that he had spoken to Kleem earlier in the day, and that Kleem had indicated everything was going well at the moment, but that Kleern would let Kelley know if Kleem needed additional help. DIMORA asked whether PEI ?took care of it,? Kelley said that he was ?pretty sure,? but explained that Kleem instructed Kelley to ?let it play out? because Kleem had not yet been awarded the job. DIMORA replied, ?Okay, alright,? WW. On or about April 17, 2008, Kleem told Kelley he was meeting PEI and P1314 for lunch later in the day, Kelley responded, ?Oh, beautiful. Will you call me afterwards and make sure it?s all taken care of?? Kleet?n said, ?Yeah,? Kelley said, ??Cause JIMMY, JIMMY really wants to make sure this is done,? On or about May 1, 2008, DIMORA voted to award the Snow Road resurfacing contract to Blaze Construction in the amount of approximately $2,887,359. YY. In approximately the Spring of2008, as a result ofKelley?s efforts and in?uence, the inspector Kleern had requested was assigned to the Snow Road project. 46 ZZ. In approximately May .2008, and prior to May 23, .2008, DIMORA asked Kleem to assist DIMORA in purchasing a Rolex watch as a graduation gift For a relative of DIMORA. On or about May 28, 2008 at approximately 1 1:46 am, Kleem thanked DIMORA for the ?message.? DIMORA indicated everything was alright so liar but he is ?always waiting for the other shoe to fall or drop.? Kleem replied, ?Well there is no other shoe to drop, 1 think everything is going to be good.? At the conclusion of the call, Kleem and DIMORA agreed to meet at a later date. Kleern told DIMORA, ?Don?t worry too much.? All in violation of Title 18, United States Code, Section 371, The Grand Jury further charges: COUNT 4 Bribery Concerning Programs Receiving Federal LilidS, 18 USC. 666(a)(1)(B) and .2) 148. Paragraphs 1-3, 270.the General Allegations are rew alleged and incorporated by reference as if fully set forth herein. 149. The County was a government agency as that term is defined in Title 18, United States Code, Section 666(d)(2), that received benefits in excess during the year May 31, 2006 through May 30, 2007 under a Federal program involving a grant, contract, subsidy, loan, guarantee, insurance and other form of Federal assistance, 150.. Beginning on or about May 31, 2006 and continuing until on or about May 30, 2007, the exact dates being unknown to the Grand Jury, in the Northern District of Ohio, Eastern Division and elsewhere, Defendant JAMES C. DIMORA did eorruptly solicit, demand, accept 47 and agree to accept for the bene?t of any person things of value from Kleein, companies Kleern controlled and entities over which Kleem had in?uence; namely, among other things, a refrigerator, cash, meals in the Cleveland area, entertainment in Las Vegas for DIMORA and for his friends, MCO business for 131313 and Business 22, a discount on a Rolex watch Kleern could obtain because of his personal and business relationships with ajeweler, and other things of value, DIMORA acting with the intent to be in?uenced and rewarded in connection with any business, transaction and series of transactions of the County involving any thing of value of $5,000 or more; that is, a HUD~funded $150,000 grant to the City of?Berea for the Coe Lake Nature Trail and Bridge Project and other County business as requested and as future opportunities arose, All in violation of Title 18, United States Code, Sections 666(a)(1)(B) and 2, The Grand Jury further charges: (Bribery Concerning Programs Receiving Federal Funds, 18 USC. 666(a)(1)(B) and 2) 151. Paragraphs 13, 27?29, 38, 47-48, 72, 81 and 129-437 of the General Allegations are re-alleged and incorporated by reference as if fully set forth herein. 152. The County was a government agency as that term is de?ned in Title 18, United States Code, Section 666(d)(2), that received benefits in excess of $10,000 during the year May 31, 2007 through May 30, 2008 under a Federal program involving a grant, contract, subsidy, loan, guarantee, insurance and other form of Federal assistance, 48 153, Beginning on or about May 31, 2007 and continuing through on or about May 30, 2008, the exact dates being unknown to the Grand Jury, in the Northern District of Ohio, Eastern Division and elsewhere, Defendant JAMES C.. DIMORA, aided and abetted by Frank P, Russo (not charged herein) did corruptly solicit, demand, accept and agree to accept for the benefit of any person things of'value from Kleern, companies Kleem controlled and entities over which Kleeni had in?uence; namely, among other things, cash, meals in the Cleveland area, suites at the Mirage in Las Vegas, entertainment, meals and limousine service in Las Vegas, gaining chips, MCO business for B1313 and Business 2.2, and discounts on jewelry and appliances that Kleein could obtain because of his personal and business relationships with vendors, DIMORA and Russo acting with the intent that DIMORA be influenced and rewarded in connection with any business, transaction and series oftransactions of the County involving any thing of value of $5,000 or more; that is, the MC project, the Snow Road project, a smoking violation, access to P06 and information about an airport contract, and other County business as requested and as future opportunities arose, All in violation ot'Title 18, United States Code, Sections 666(a)(l)(B) and .2, The Grand Jury further charges: COUNT 6 (Hobbs Act, 18 use. 1951) 154. Paragraphs l-3, 5-6, 8, 27428, 72-73 and 81 of the General Allegations are re? alleged and incorporated by reference as if' fully set forth herein, 49 155, From in or about Summer 2005 and continuing through on or about May 30, 2008, the exact dates being unknown to the Grand Jury, in the Northern District of Ohio, Eastern Division and elsewhere, Defendant JAMES C. DIMORA did knowingly obstruct, delay and affect and attempt to obstruct, delay and affect commerce and the movement of articles and commodities in commerce by extortion; that is DIMORA obtained property not due to him or his office, namely among other things, cash, household appliances, meals in the Cleveland area, a suite at the Mirage in Las Vegas, entertainment, meals and limousine service in Las Vegas, gaining chips, MCO business for Business 22, a discounted television, and assistance with the purchase of a Rolex watch, from Ferris Kleem and the companies he controlled, with their consent, under color of official right, All in violation of Title 18, United States Code, Section 1951. The Grand Jury further charges: COUNT 7 (Hobbs Act Conspiracy, 18 USC. 1951) 156. Paragraphs l~3, 5-6, 8, 25, 28, 30, 34~36 and 71 of the General Allegations are re? alleged and incorporated by reference as if fully set forth herein. INTRODUCTION 157, in or about 2002, the Engineer?s Office began looking for new office space. Gallagher, then employed by the County, participated in the office relocation project 158. in or around September of 2002, Gallagher retired and Payne assumed responsibility for the relocation project. 50 159.. In or around April of 2003, an RPP was issued for new office space for the Engineer?s Office. Potential landlords, including a representative of Stonebridge, made presentations to the Engineer?s Of?ce, 160. At various times during this conspiracy, Payne?s law practice had a barter agreement by which Touch ofClass provided Payne with limousine service and in return, Payne?s law practice provided TOC with legal services. TI-IE CONSPIRACY 161. Beginning in or about February 2003 and continuing until in or about May .2008, the exact dates being unknown to the Grand Jury, in the Northern District of Ohio, Eastern Division and elsewhere, Defendant JAMES C, DIMORA and John Kevin Kelley (not charged herein), Kevin F, Payne, (not charged herein), and others known and unknown to the Grand Jury, did knowingly and intentionally combine, conspire, confederate and agree with each other to obstruct, delay and affect commerce and the movement of articles and commodities in commerce by extortion; that is, DIMORA obtained property not due to him or his of?ce, namely, travel via limousine service, entertainment, and the use of a condominium, from Kevin Payne and Payne?s law practice with their consent, under color of'ofl'icial right. OBJECT OF THE CONSPIRACY 162, It was an object of the conspiracy that DIMORA obtained and attempted to obtain things of value from Payne and Payne?s law practice, in return for DIMORA using his County position to benefit Payne and his designees, 51 MANNER AND MEANS It was part of the conspiracy that: 163, Payne lobbied DIMORA to approve a lease for the Engineer?s Office at the Stonebridge location, 164, On several occasions between in or around 2003, through on or about June 29, 2007, Payne provided DIMORA and his family with free limousine service from TOC, For example, on or about May 9, 2003, Payne provided DIMORA with limousine service valued at approximately $480, and on or about June 1, 2003, Payne provided DIMORA with limousine service valued at approximately $160, 16.5. On or about June 10, 2003, the County Commissioners, with DIMORA voting in favor, approved the Engineer?s Of?ce move to the Stonebridge location. 166. On or about June 1 1, 2003, Payne provided DIMORA with limousine service valued at approximately $480, 167. On or about August 1, 2003, the Engineer?s Office entered into a ten-year lease for office space at Stonebridge. The lease fees totaled approximately $3,992,320 for the life of the lease, payable in installments. 168. On several occasions, Payne allowed DIMORA and friends access to a condominium at Stonebt?idge for their personal use, which condominium had been loaned to Payne by Business 5. 169. On several occasions, Payne paid prostitutes to entertain and provide services to DIMORA, Payne also paid the travel expenses for the prostitutes, 52 170. On several occasions from in or around January 2005 through in or around May 2008, DIMORA assisted Payne in connection with obtaining the County Commissioners? approval of amendments to the County Sanitary Engineer?s Of?ce and Engineer?s Office collective bargaining agreements with certain unions and salary matters for nonunion employees in the County Sanitary Engineer?s Of?ce. 171. On or about April 3, .2008 at approximately 5:35 pm, Kelley told Payne that the Commissioner wanted to know if he had access to the unit across the way because he (the Commissioner) had a ?Saturday night adventure? planned. Payne said that he would check the next day. DIMORA then started speaking with Payne, Payne and DIMORA discussed the condominium and matters Payne had pending before the County Commissioners 172. On or about April 4, 2008 at approximately 1 1:03 aim", Kelley told Payne that DIMORA wanted to know if he could use that condominium over the weekend Payne said that the condominium was not there anymore, but that he could obtain a key to the new model. 173. On or about April 4, 2008 at approximately 1 :09 am, Payne and Kelley discussed obtaining a condominium or other private location for use. 174? On or about April 4, .2008 at approximately 1 l:.29 am, Kelley and discussed arrangements for using a Stonebtidge unit the following day. Kelley told DIMORA there were two options, a new model unit in anew building at Stonebridge or one of the suites at the Embassy Suites at Reserve Square, DIMORA and Kelley discussed the Embassy Suites option being too visible and discussed how to access the new the Stonebridge unit. Kelley said to DIMORA, ?1 still think you?re crazy. I think I would wait until the the next day and just 53 get your f?-?ing c??k blown, you know.? DIMORA replied, ?Yeah, it?s just some old friend that?s all.? Kelley agreed to set it up and said he would ?get ahold of Payne? and work on getting the key. 175. On or about April 4, 2008 at approximately 1 1:34 am, Kelley left a message for Payne that DIMORA preferred to use the model unit at Stonebridge. 176, On or about April 4, 2008 at approximately 11:40 am, Payne returned Kelley?s call and said that he left a message for [a Stonebridge agent] with decision and that the Stonebridge agent had not returned the call. 177., On or about April 4, 2008 at approximately 12:02 pm, Kelley and DIMORA discussed Kelley obtaining the key to the Stonebridge condominium from Payne, 178, On or about April 4, 2008 at approximately 12:55 pm, Payne told Kelley that the Stonebridge agent would drop off the key in an envelope at Payne?s front desk. Payne also said he would pick it up and call Kelley, Kelley said that either Kelley or Payne could give it to DIMORA. 179. On or about April 4, 2008 at approximately 6:29 pm, Payne told Kelley that it was a big production, but he received keys to the model in the new building, Payne asked if DIMORA was going to drive himself there. Kelley said that he believed so, They discussed parking and directions to the unit, Payne said that he would deliver the key to DIMORA the next day. 180, On or about April 4, 2008 at approximately 6:33 pm, Kelley told DIMORA that Payne would call DIMORA the following day because Payne had ?all the stuff.? Kelley told 54 DIMORA to park on the bridge and walk to Unit 808. 181: On or about April 5, 2008 at approximately 1 1:42 Payne asked DIMORA where he should deliver the key. Payne offered to dim) it off at house: DIMORA asked Payne if it was okay over there at the new Stonebi'idge unit because Kelley kept saying ?you know it?s risky, risky? DIMORA said he told Kelley it was the same as it was before Payne told DIMORA he checked it out the previous day and made sure all the keys worked, Payne said he would give the keys to Kelley if he was unable to meet DIMORA. DIMORA told Payne he would call him either way and said, appreciate your uh due diligence on this for me. Thank you. You're a good man: Thank you? 182. On or about April 5, 2008 at approximately 3:07 pm, DIMORA left a voice mail message for Kevin Payne asking him to meet DIMORA at house. 183, On or about April 5, 2008 at approximately 4:47 pm, Payne told DIMORA that he was en route to a birthday party with his daughter and was pulling into development. DIMORA told Payne that he would meet Payne outside: 184. On or about April 16, .2008 at approximately 3:06 pm, Kelley asked DIMORA if he still had the key to the condominium that Payne had given him. DIMORA said that he still had the key: Kelley said that they needed the key for poker the following night. 185. On or about April 16, 2008 at approximately 5:41 pm, Gabor and DIMORA con?rmed that they were playing cards at Kevin Payne?s condominium the following evening 186: On or about May 1, 2008 at 10:03 am, Kelley told DIMORA that Payne had an item on the Conunissioners? agenda that day and would be there presenting 55 187. On or about May .1, 2008, the County Commissioners, DIMORA voting in favor, approved items related to the County Engineer/Sanitazy Engineering Division, All in violation of Title 18, United States Code, Section 1951. The Grand Jury further charges: COUNT (Hobbs Act, 18 use. 1951 .188. Paragraphs 1~3, 5-6, 8, 28 and 35-36 of the General Allegations are re~alleged and incorporated by reference as if fully set forth herein. 189, Beginning in or about February 2003 and continuing until in or about May 2008, the exact dates being unknown to the Grand nry, in the Northern District othio, Eastern Division and elsewhere, Defendant JAMES C. DIMORA did knowingly obstruct, delay and affect and attempt to obstruct, delay and affect commerce and the movement of articles and commodities in commerce by extortion; that is, DIMORA obtained property not due to him or his of?ce, namely, travel via limousine, entertainment, and the use ofa condominium, from Kevin Payne and Payne?s law practice, with their consent, under color of'of?cial right. All in violation of Title 18, United States Code, Section 19.51. The Grand Jury further charges: COUNT 9 (ConSpiracy to Commit Mail Fraud and Honest Services Mail Fraud, 18 U.S.C. 1341 and 1346, in violation of 18 USC. 1349) 190, Paragraphs 1-3, 10, 26, 2829, 32, 4143the General Allegations are re?alleged and incorporated by reference as if fully set forth herein, 56 THE CONSPIRACY 191.. From in or about 2006, and continuing through on or about July 18, .2008, the exact dates being unknown to the Grand Jury, in the Northern District of'Ohio, Eastern Division, Defendants JAMES C. DIMORA and JERRY J. SKUHROVEC, and Frank P. Russo (not charged herein) and others known and unknown to the Grand Jury, did knowingly and intentionally combine, coriSpire, confederate and agree with each other to commit an offense against the United States, namely, to knowingly devise and intend to devise a scheme and arti?ce: (1) to defraud and deprive Cuyahoga County and its citizens of their right to the honest and faithful services of DIMORA and Russo, through bribery and kickbacks and the concealment of material information related thereto, and (.2) to defraud Cuyahoga County, certain County property owners, and certain prospective property owners and to obtain money and property by means of materially false and fraudulent pretenses, representations and promises, and for the purpose of executing such scheme and artifice, to cause matters to be placed in any post of?ce and authorized depository for mail matter to be sent and delivered by the United States Postal Service and private and commercial interstate carrier, in violation of Title 18, United States Code, Sections 1341 and 1346, OBJECT OF THE CONSPIRACY 192. It was the object of the conspiracy that DIMORA, with Russo?s assistance, secretly used his official position to enrich hirnselfand Russo, by soliciting and accepting gifts, 57 payments, and other things of value from SKUHROVEC, in exchange for favorable official action, and that SKUHROVEC enriched himself by secretly obtaining favorable official action for himself through corrupt means, MANNER AND MEANS It was part of? the conspiracy that: 193. DIMORA and Russo solicited and accepted gifts, payments, and other things of value from SKUHROVEC, including food, entertainment, sponsoring a political fundraiser for P011, and giving a personal economic advantage to Russo related to a foreclosed property. 194. DIMORA, with Russo?s assistance, provided favorable official action for the benefit of SKUHROVEC as requested and as opportunities arose, including helping POl2?s relatives obtain and retain County employment, in return for future favors from 195. The conspirators took steps to hide, conceal, and cover up their activity and the nature and scope of dealings with DIMORA and Russo, Acts in furtherance of the conspiracy 196, Beginning in or about 2006, Russo contacted P1324 and inquired about JERRY SKUHROVEC being hired as an appraiser by the Sheriff?s Office. 197. Beginning in or about 2007, Russo and DIMORA asked P1324 if she could bend the rules for SKUHROVEC regarding the appraiser requirements, to which PE24 responded negatively. 198, On or about December 6, 2007, SKUHROVEC submitted his application for the position of appraiser at the Sheriff?s Office, 58 199.. On or about February 19, 2008, SKUHROVEC and DIMORA discussed a fundraiser for P01 1 at Delsangro?s Restaurant, DIMORA advised SKUHROVEC that SKUHROVEC needed to ?nd ?new people that are not maxed out? and further instructed SKUHROVEC to find ?new prospects, they gotta be new givers? DIMORA advised SKUHROVEC that Russo could help SKUHROVEC compare invitation list with a list of people who previously donated to P01 1's campaign. At the end ofthe call, DIMORA advised SKUHROVEC to ?double check with Frank [Russo] on who you should invite,? so that SKUHROVEC would ?get givers? and not waste his time by ?hav[ing] a fundraiser to have it.? 200, On or about February 29, 2008, 131510 told DIMORA that SKUHROVEC ?is chasing me down for donations for BEIO also complained about SKUI-IROVEC wanting BEN) to ask other people for donations. 0 indicated he was not going to ask other people but he was going to make a donation to 1, DIMORA agreed BEIO should not ask others and stated, isjust trying to feather his nest with 1301.?w Frank [Russo] tortured him and said he wasn?t getting the job with 2] if he didn?t, uh, ifhe didn?t get the money for 201. On or about March 3, 2008 at approximately 4:49 pm, Russo told DIMORA he [Russo] was ?so beat up over this, You know, JERRY . .. P1324 was tap dancing.? Russo told DIMORA that Russo had told P1324 that was why they waited two months until after the election. Russo said that P1324 was ?a little sneaky? and was reluctant to hire SKUHROVEC because he 59 presently worked for the Auditor?s Office. Russo told PE24 that SKUHROVEC only works ten hours per week [at the Auditor?s Office] in order to obtain benefits. 202. On or about March 3, 2008 at approximately 4:57 pan, Russo told DIMORA that SKUI-IROVEC raised $8,200 at the fundraiser for P01 1. 203. On or about March 17, 2008, DIMORA called SKUHROVEC and said he did not know the others were not going to pay for lunch. DIMORA assured SKUHROVEC that he did not call him to come to the restaurant to pay. DIMORA said he figured ?one of those cults would throw it on their business account.? SKUHROVEC said that he did not mind paying. DIMORA said, ?I?m just kinda surprised these guys didn?t put it on their business account. A couple hundred dollars that?s nothing for them.? 204. On or about March 18, 2008 at approximately 5:45 pm, Russo and DIMORA discussed a job for PE24 with the Sheriff?s Office. DIMORA said that P012 had asked DIMORA to hire his grandson, but now he (DIMORA) would not do it. DIMORA and Russo agreed that they needed to have lunch with P012. 205. On or about March 18, 2008 at approximately 9:31 pm, DIMORA called PE18 and asked her to schedule a lunch meeting with P012, Russo, and DIMORA. 206. On or about March 19, 2008 at approximately 12:42 pm, DIMORA told Russo, trying to set that up with P012 for Tuesday the 25th, lunch.? Russo complained that he never received anything from P012, although his (P012?s) relatives worked for him (Russo). Russo stated, ?They didn?t hire anybody for me. . . . I?ve never even asked him.? DIMORA told Russo that P012 wanted to wait until after the primary but wondered why he remained hesitant, 60 now that the primary was over. DIMORA and Russo discussed how Russo paid SKUI-IROVEC just enough in salary to pay for his health benefits. 207? On or about March 25, 2008 at approximately 1:04 pm, DIMORA asked PE11 to connect hint to P1324 because DIMORA was with P012 and was trying to ?wrap this JERRY SKUHROVEC thing today so we can all be on the same page? 208.. On or about March 25, 2008 at approximately 1:05 pm, SKUHROVEC asked DIMORA if he met him (P012) already. DIMORA replied, ?We?re sitting here now." DIMORA asked SKUHROVEC what they (Sheriff 3 Of?ce) told him (SKUHROVEC) ?to get with regard to this appraisal position.? SKUHROVEC explained that he obtained a license from the State of Ohio and sent the information to P1324 about two months prior. told DIMORA that he needed hours in the ?eld in order to be a certi?ed appraiser. DIMORA told SKUI-IROVEC that they (DIMORA and Russo) were discussing that with P012 209. On or about March 25, .2008 at approximately 1:48 pm, P121 1 connected DIMORA to P1324, DIMORA informed P1324 that heljust ?nished a meeting with P012, and ?we came to a decision here with regard to the confusion on this JERRY SKUHROVEC issue.? DIMORA explained that they would obtain a prosecutor?s legal opinion with regard to SKUHROVEC working eight hours at the Auditor?s Of?ce in addition to working for the Sheriffs Of?ce. 210. On or about March .25, 2008 at approximately 2:13 pan, thanked DIMORA for talking with 13012. DIMORA stated, ?But listen, 1 think we got it resolved. He?s gonna have to fmin? do it ya know, he?s looking for his grandson to get a job. We're 61 gonna put his grandson on. I didn?t put him on deliberately until you got on, ?cause if he don?t put you on, f??k his grandson. I ain't putting him on. I got it in limbo, I got it held up, He knows that, too, I'm sure, I'm sure he checked with P010 ?eause he let it slip that P010 told him, ?Oh yeah, we're gonna take care of your grandson.? 211. On or about March 25, 2008 at approximately 4:08 pm, Russo le?' the following voice mail message for SKUHROVEC: ?Hey JER, this is tank, It?s font o'clock, Ijust left I IMMY we talked to . Ten minutes ago we talked to [the Prosecutor?s Office], He thinks everything is okay, He?s going to research it tomorrow, and then give us a legal opinion, a couple ot'sentenees. He doesn't think there?s a problem. I know there isn't. Unless he finds something in the law that I'm unaware of. So, I think that it?s pretty clear sailing. We just need the letter, We?ll give it to P1324, She'll give ya a starting date, But all day long it?s all nonsense with him. It was nonsense, Okay buddy, bye.? 212. On or about March 25, 2008, 13012, DIMORA and Russo met at Delsangto?s restaurant. During the meeting, DIMORA told P012 that he wanted the job for SKUHROVEC to be 213, On or about Match 26, 2008 at approximately 1 1:17 am, SKUHROVEC thanked DIMORA for his efforts the previous day, DIMORA said that he had just spoken to P012 again, They discussed issues surrounding P012 hiring SKUHROVEC. 214. On or about March 26, 2008 at approximately 1 1:50 am, told Russo, just want to thank you for yesterday again,? Russo replied, ?Oh, no problem,? and explained to that he believed it would be legal for SKUHROVEC to be employed 62 by both Russo and the Sheriff?s Office. Russo told SKUHROVEC that he might have to pay his own hospitalization for awhile, but he (P012) said SKUHROVEC would be able to make a minimum of $50,000, Russo stated, ?He?s de?nitely going to give it to you, JER. It?s just a matter of what we gotta do with your benefits. But I think you're going to be okay,? Russo told SKUI-IROVEC that as soon as P012 received something in writing from the Prosecutor?s Of?ce, SKUHROVEC would be able to start work in the Sheriff?s Of?ce. 215, On or about March 31, 2008, Russo informed SKUHROVEC, called [131324], she wasnher cell, She didirt get the letter yet, so faxed it over to P012?s secretary.? Russo said that he told P1324 that the letter was exactly what P012 wanted and then told SKUHROVEC to expect a call from her within the next couple of'days, SKUHROVEC told Russo he (SKUHROVEC) would contact Russo if he did not hear from the Sheriff? 3 Office by Wednesday, 216. On or about April 1, 2008 at approximately 12:07 pm, Russo and DIMORA discussed issues related to obtaining employment with the Sheriff? Of?ce. 217, On or about April 2, 2008 at approximately 1:11 pm, SKUHROVEC told DIMORA, ?Thank you. P0l2 called this morning and next Wednesday is my ?rst day.? DIMORA replied, ?Listen, I heard about it all this morning, about how he?s doing it all for me, said, ?1 know, thank you thank you,? He called me this morning, making me crazy, . . he?s looking for the grandson. I know the whole story with him,? Later in the conversation, DIMORA stated, ?Now that you got a ?fty thousand fmin? stipend for a part-time job, your luck is running your way, you ought to keep it on a roll,? SKUHROVEC replied, ?It may be fifty 63 thousand, you don't know, it?s just on these foreclosures.? DIMORA replied, ?Well, every time, you know, [others] are going out, they better be calling you.? replied, ?Oh yeah, no, no, you go out every week, every single week . . . either Tuesday or Wednesday. No I know, I?m going to have to bring food all summer.? DIMORA replied, ?More than food I ER, but I'll explain that to you when we?re not on the phone.? SKUHROVEC laughed. 218. On or about April 21, 2008 at approximately 1:59 pm, Russo asked SKUHROVEC about his newljob with P012. SKUHROVEC clarified that he was only working for P012 one day per week. 219. On or about May 13, 2008 at approximately 2:24 pm, SKUHROVEC told Dimora that he had a three~gallou bucket of ice cream for DIMORA. DIMORA said he would put it in his freezer with the other ?donations.? 220. On or about July 16, 2008 at approximately 12:17 pm, SKUHROVEC told Russo that he just appraised a preperty and asked if BE13 planned to move closer to Russo. SKUHROVEC said that he had appraised a preperty on Chagrin River Road with 2.5 acres of land. SKUHROVEC said a family lived in the house but that it may sell for $180,000 to $190,000, which Russo called a ?steal, my God that?s a {wing steal.? Russo said he would call BE13 ?right now.? 221. On or about July 16, 2008 at approximately, 12:22 pm, Russo called BE13 and relayed the conversation with Russo said the property contained two homes on one parcel. BE13 said the price was cheap for Gates Mills and indicated that they had to jump on it. 64 22.2.. On or about July 18, .2008 at approximately 1 1:13 am, Russo told SKUHROVEC that and Russo had driven by the Gates Mills house (on Chagrin River Road) and thought it had potential alter some renovation. Russo decided to wait for the Sheriff?s sale on it. Russo con?rmed the preperty held two buildings, Russo lamented that BE13 and he could not walk the property because someone lived there. SKUHROVEC said that he could tell the owners that he worked for the Sheriff?s Of?ce and that he needed to do another appraisal SKUHROVEC then suggested Russo could go there and say that as the County Auditor, he needed to look at it. On or about July 18, .2008, SKUHROVEC paid approximately $125 to entertain DIMORA and others in party. EXECUTION OF THE SCHEME 224. On or about the dates listed below, in the Northern District of Ohio and elsewhere, DIMORA, Russo, and others, for the purpose of executing the above?described scheme and artifice, caused the following documents to be delivered and sent through the United States rnails: Date Description December 20, .2007 appraisal license sent from Columbus, Ohio to residence in Independence, Ohio. January 3, 2008 Letter from to PE24's of?ce in Cleveland, Ohio, enclosing documents from the State of Ohio concerning his appraisal license. March l0, 2008 Contribution to 1's campaign sent from Bedford Heights, Ohio to Bat?A?Raina, in Maple Heights, Ohio. 65 All in violation of Title 18, United States Code, Section 1349. The Grand Jury further charges: (Hobbs Act, 13 use. 1951 22.5. Paragraphs 1~3, 56, 9, 28 and 3233 of the General Allegations are re-alleged and incorporated by reference as if fully set forth herein. 226. Beginning in or about 2006 and continuing until on or about July 18, 2008, the exact dates being unknown to the Grand Jury, in the Northern District of Ohio, Eastern Division and elsewhere, Defendant JAMES C, DIMORA did knowingly obstruct, delay and affect and attempt to obstruct, delay and affect commerce and the movement of articles and commodities in commerce by extortion; that is, DIMORA obtained and attempted to obtain property not due to him or his office, including food, and entertainment, from Jerry Skuhrovec, with his consent, under color of official right, All in violation of? Title 18, United States Code, Section 1951. The Grand Juiy further charges: COUNT 11 (False Statements to Law Enforcement, 18 USC, 1001) 227,. Paragraphs 28?29, 32 and 42 of the General Allegations are re~al1eged and incorporated by reference as iffully set forth herein. 228, Beginning in or around February 2008, the Bl, part of the executive branch of the Government of the United States, and acting in a matter within its jurisdiction, was investigating JERRY SKUHROVEC for providing things of value to Frank P. Russo and James 66 C. Dirnora, in return for Russo and Diniora using their county positions to benefit SKUHROVEC, in violation of federal law. 229. On or about July 28, .2008, Special Agents of the FBI interviewed SKUHROVBC in connection with the investigation. The Offense 230, On or about July 28, 2008, in the Northern District of Ohio, Eastern Division, Defendant JERRY SKUHROVEC knowingly and willfully made the following material false statements in a matter within the jurisdiction of the executive branch of the Government of the United States: (1) SKUHROVEC told the FBI Agents that he never told anyone about properties that he appraised that were going into foreclosure; (2) SKUHROVEC told the FBI Agents that he never provided any information about an appraisal to anyone; (3) SKUHROVEC told the FBI Agents that he never discussed his appraisals with James C. Dimora, Frank P. Russo or any other public of?cial; and (4) SKUHROVEC told the FBI Agents that he did not host a fund raiser for P01 1, well knowing at the time he made the statements to Special Agents of the FBI that such statements were false. All in violation of Title 18, United States Code, Section 1001. The Grand Jury further charges: (Conspiracy to Commit Mail Fraud and Honest Services Mail Fraud, 18 USC 1341 and 1346, in violation of18 U.S.C. 1349) 231. Paragraphs 1?3, 10, .28, 30, 44, 55, 61 and 64?65 of the General Allegations are re alleged and incorporated by reference as if fully set forth herein, 67 THE CONSPIRACY 232. From on or about March 14, 2008, and continuing through on or about July 24, 2008, the exact dates being unknown to the Grand Jury, in the Northern District othio, Eastern Division, Defendant JAMES C. DIMORA, PE39 (not charged herein) and others known and unknown to the Grand Jury, did knowingly and intentionally combine, conspire, confederate and agree with each other to commit an offense against the United States, namely, to devise and intend to devise a scheme and artifice: (I) to defraud and deprive Cuyahoga County and its citizens of their right to the honest and faithful services of DIMORA, through bribery and the concealment of material information related thereto, and (2) to defraud Cuyahoga County, the City of?Bedf'ord, Ohio and the City ofSolon, Ohio and to obtain money and property by means of materially false and fraudulent pretenses, representations and promises, and for the purpose of executing such scheme and artifice, to cause matters to be placed in any post office and authorized depository for mail matter to be sent and delivered by the United States Postal Service and private and commercial interstate carrier, in violation of Title 18, United States Code, Sections 1341 and 1346, OBJECT OF CONSPIRACY 233. It was the object of the conspiracy that DIMORA secretly used his official position to benefit himself, by soliciting and accepting sexual favors and other things of value from PE39, in exchange for favorable official action, and that P1339 enriched herself by secretly 68 obtaining favorable official action for herself through corrupt means. MANNER AND MEANS It was part of the conspiracy that: 234. DIMORA solicited and accepted sexual favors and other things of value from P1339, 235, DIMORA provided favorable official action for the benefit of? 131339 as requested and as Opportunities arose, to include taking favorable personnel actions to bene?t 1313.3 9, including, to help obtain public employment for 131339, on terms agreeable to PE39, and which included PE39 obtaining OPERS bene?ts and a salary PE39 desired. 236. The conspirators took steps to hide, conceal, and cover up their activity and the nature and scope of dealings with DIMORA, Acts in furtherance of the conspiracy 237. On or abdut March 14, 2008, DIMORA and PE39 agreed to meet at the Doubletree Hotel in independence, Ohio the following day for the purpose of having sex with one another.. DIMORA told PE39 that it was discreet there, P1339 commented, ?Fmin? you is a wonderful thing," Later in the conversation, DIMORA told P1339 that he looked forward to tomorrow, stating, ?What an unexpected pleasure,? PE39 reaponded, ?Good things come to those who wait,? 238. On or about March 15, 2008 at approximately 1 1:26 am, DIMORA asked Gabor if it was necessary to provide a name when checking into a hotel if paying in cash. Gabor told DIMORA that the hotel would ask for your driver?s license. DIMORA asked if Gabor would 69 reserve a room for DIMORA at the Doubletree Hotel that day. DIMORA told Gabor he wanted to go to a hotel that did not have a lot of'?aetivity? and where DIMORA could ?hide.? Gabor agreed to rent the room for DIMORA, but indicated that he was not available until later in the day, due to plumbing repairs at his house. 239, On or about March 15, 2008 at approximately 12:25 pm, Gabor told DIMORA he was still occupied with the plumbing repairs at his house. 240, On or about March 15, 2008 at approximately 2:50 pm, PE39 rented a hotel room at the Holiday Inn in Independence, Ohio, paying in cash. 241. On or about March 17, 2008, DIMORA asked P1339 if she had a resume and told PE39 that he needed to get ?something in their hands.? DIMORA said he had spoken with P013, and P013 could find PE39 ajob at the City of'Bedford Municipal Court in a few months but they had something for PE39 now in Solon for a few days per week. DIMORA told P1339 she could make more money working three or four days a week in Solon than she did presently working full-time DIMORA instructed PE39 to send her resume to County of?ce. 242, On or about March 19, 2008, DIMORA asked P1318 if she received a resume from PE39. PE 1 8 told DIMORA that the resume was there, DIMORA replied that it was not for a County job and that he had to give the resume to someone. DIMORA instructed PE18 to put the resume in folder, which was to be delivered by a County employee to residence. 243. On or about March 21, 2008, PE39 told DIMORA that P013 had left PE39 a message ?saying that he didn?t have anything available? and that P013 would probably 70 talk to PE39 on Tuesday, DIMORA told 131339, ?But what they?re gonna to do is they?re gonna put you in Solon 1. think, . . .. 1' just told him ?Let, let?s get her into, back into PERS, even if it?s part?time to start out with . and then we?ll either move it to full time over at Solon or we?ll try to put you at the court.? PE39 replied, ?Okay that?s good.? DIMORA also told P1339, ?So, 1 would imagine, you know I?ll just stay on tel) of him and hound him, so I'm hoping you know three to four months, we'll be able to get you over there.? At the end of the conversation, P1339 said to DIMORA, ?We?ll have to get together soon,? DIMORA responded, ?Okay, I look forward to it.? 244. On or about March 24, 2008, DIMORA and P013 discussed P1339 obtaining public: employment. DIMORA told P013 that 131339 said, ?She?d like to be somewhere around 40 [$40,000 per year] 1301.3 told DIMORA, ?At least if we get her even part-time, at least this way the cloek?s ticking,? DIMORA replied, ?At least then I got a lay over like I did with uh, uh, P1338, yeah and then I, see 1 got her in the full~time now with the State, so she?s happy and I don?t even hear from her? DIMORA said, ?So I wanna do the same thing with her and then I?m done,? 245, From on or about March 17, 2008 through on or about ttly 17, 2008, 13013 had approximately 31 conversations with DIMORA and others about P1339 obtaining public employment. 246, On or about March .25, 2008, DIMORA and P1339 discussed P013 leaving PE39 a message about a part-time job with the City of Solon, DIMORA told P1539, ?What I wanna try to do is, you know, if I can get your foot in the door like we did with Then 1 can, you 71 know, press 1em a little harder then to make it full time.? P1339 responded, ?Right, right.? 247. On or about April 2, 2008, PE39 said, ?You need to look in your schedule and see when you?re available.? DIMORA replied, ?Everything going okay?? PE39 responded, ?Yeah everything?s fine. I just am uh rarin? to go.? DIMORA said, ?Alright.? P1339 and DIMORA then Spoke about aljob opportunity for PE39. P1339 informed DIMORA that she makes two thousand per month and would need to make at least that much, PE39 mentioned that she never went to see P013 but spoke with him on the phone. DIMORA told PE39 he would make a call and informed her that they were ?three quarters of the way there so I?m gonna make sure we get it.? DIMORA said he would ?work? on P013 and try to obtain 85% to 90% of her current salary and OPERS benefits. P839 stated, ?Let me know when you?re available. We?ll go have drinks . . . or something (laughs)? DIMORA said, ?That?s a deal, deal, deal,? 248. On or about April 3, 2008 at approximately 2:53 pm, DIMORA left a message for PE39 that he had spoken with P013, and P013 would call PE26 about getting her more money. 249. On or about April 3, 2008 at approximately 8:27 pm, DIMORA told PE39 that he had spoken with P013, who had spoken with PE26. DIMORA wanted to know if?PE39 would meet him on Saturday afternoon for a ?drink or something,? 250. On or about April 22, 2008 at approximately 7:36 pm, PE39 asked DIMORA if he received her text message the previous day, DIMORA said he received the message and had spoken to P013 about the finance position. DIMORA explained that P013 had indicated to DIMORA that the ?nance position would not work out, but P013 could put PE39 at the court for 72 EL n; .1000]. 310,133 ?momg no? ??ugo? 110K193 mmem .1311? ?paws WOWIG "112:1 $11.10} Bugmsmos a?umm 01 932ch {mm mom pmom pun JQLULHHS Eugmupxooa Stem {{Qd pug LBW 911 13111 (SEEM WOWICI ?8002 ?09 mm? 10 HO "?ap ?ugmonq} sq; smog aq pmom 3,131.11 WOWIG [[93 plnom aqs pges 'qwom .md 00073; 131391 112 emu: 0.1 papaau aqs 1nq ?aug aq plnom uoggsod gum?11m 12 112:.? pgzas 6:;ch "uaddaq Elam), 191110 2310 3mm: 01 {10(150 do; no K1213 pmom m1 pamssa WQWIQ 'aauayadxa ammug Jo 33121 3.6 {gm paucgsanb ,Iamagmazug enema} Gill "923d qagm 19w {(pemm pm 9118 mm Eugumdxa ??sgq; >031? ?pgns 6ggd magnum; puooas 13 moqe mam ?ugmonog 9111 .1911 ?no plnom Kain p101 513M aqs 113m pup, REM lamp magmamg 9L0 e?pnf 10H plnoa 1121.11 65'5ch magmam; qof 1911 pure WOWIG ?3002 ?93 [gldv moqla ?10 no ?Egg '?Bp ?ugmonQJ mp, mm [[93 0.11914 p101 pm; Jaqmnu auoqdapa, s,g[0d 1111M 6EEch papgAmd WOWICI "magmam 011911 pa?tamoaua pm; uogusod ammug sq], Bugpunonns saoumsmumgo mp, 693d 01 paumdxa VHOWIG "-urd 112 300-5 ?33 1110:1230 ?amp [mm no ?ugo? S?wqm 993,, 01 {10(1 132311103 plnom 9L1 p103, WOWIG *puaue pmoqs aqs 191qu moqe WQWIG my? pm; magmamg ?39:me 12 asnf sum 1; mnsun 313m aqs [31123 6?Hd me aounug 3111 Lung. a?essem 13 panganm {Imp mq ?qofaamaug at? ADJ pugul n; 9313 auoamos Ram, .1911 ?uguuqmg mm} a?essam 13 pangaoax pm] aqs was 693d "?1214 ring) 110103 011911 mom pmom Katy, 119111 pm; Jamming 9:11 the door,? PE39 wanted to know when she would be able to start, DIMORA thought she would start at the end of May or the ?rst part of June. DIMORA told P1339 that his wife would be out of town for the weekend and stated, ?If" you get free on the weekend, let me know. . I'll stay on top of these guys.? 254. On or about May 13, 2008, DIMORA told P1339 she would start with the court in the middle ofJune, where she would work until they created another job. 2.55, On or about May 1.5, 2008, DIMORA told PE39 that P013 mentioned having P1339 start in the middle of?June, and work in the court for the Summer. P013 would talk to P1326 that evening about hiring P1339 full time, DIMORA told P1339, just wanna get you in um - . PERS, ?cause I know once you?re in it, they?re not gonna let you out.? PE39 replied, ?Right, exactly.? DIMORA stated, guess what I would do ifI were you maybe next week just call P013 andjust talk to him about oh, you know, what Ijust told you, and try to get a, uh, you know, like approximate start date.? DIMORA then said, ?They?ll pay you at least what you were making a week there for the time being, maybe he can throw you a little more, That?s what he was working on.? P1339 said one of these days she was going to ?get together? with DIMORA, 2.56. On or about June 2, 2008 at approximately 5:19 pm, PE39 informed DIMORA that she had just met with P013 and the earliest she could start would be July 14th. P1339 said that P013 told her that they had some archiving and shredding that needed to be done, PE39 indicated she was told that there were no immediate openings, and the only way she could work would be if a project was created. PE39 expressed her concern to DIMORA that once the project was over she would be out ofajob it' Solon could not provide a job. DIMORA replied, ?No, we, 74 no, that?s nuts. That?s no good, that ain?t what they told me anyways,? PE39 and DIMORA agreed to meet 15 to 20 minutes later for a drink at Shula?s restaurant. 257, On or about June 2, 2008 at approximately 6:01 pm, DIMORA asked PE39, ?Nobody in there that you recognize is there?? P1339 replied, ?Nope, it?s pretty slow.? replied, ?That?s what I wanted to hear, . . Two minutes I'll be there. You're in the restaurant all the way to the back?? PE39 replied, ?Yep,? 258. On or about June 2, .2008 at approximately 8:34 pm, DIMORA asked Gabor to meet him ?over there? and to call him when he (Gabor) arrived ?there,? DIMORA stated, ?Call me when you're there in the lot,? Gabor asked, ?Okay, afterl do it?? DIMORA replied, ?No, Gabor replied, ?Okay, you got it. I?ll call you in .. . ?fteen minutes.? 259, On or about June 2, 2008 at approximately 8:42 pm, P013 told DIMORA that the ?game plan? was to bring PE39 on board with the court because P013 had a record retention project, and thereafter, they would work toward the Solon deal .. DIMORA informed P013 that he believed PE39 was nervous about not having ajob, 13013 stated, ?I?m gonna have her, uh, she?s gonna work like three and half days a week, . . . So I'm gonna pay her so that it works out so she?s making what she needs to make,? DIMORA asked again, ?Okay, that?ll be good, but you think you guys will be able to carry her until the Solon deal comes through?? P013 replied, ?Yeah, I'm not gonna, I?m not gonna stiff'her.? DIMORA told P013 that P1339 wanted to be back into the OPERS system and asked, ?You?re pretty sure, though, P1326, uh, can deliver?? 13013 replied, talked to P1326 today, again, and you know we?re gonna make it work one way or the other,? P013 stated, ?We?re doing okay in (U1), 1 know she, she?s looking to you and you 75 know uh, I want to, get I want to do this for you and you know for her, and you know the judge does, too and I mean we?ll get it done,? P013 con?rmed with DIMORA that PE39 wanted to make $2,000 per month, 260. On or about June 2, 2008 at approximately 9:01 pm, DIMORA told Gabor, ?Be there in two minutes,? Gabor replied, ?Where, where we said, right?? DIMORA replied, ?Yeah, I?m gonna meet you right in the parking lot there,? DIMORA later stated, don?t know the people here, I don?t want to know them.? 261. On or about June 2, 2008 at approximately 9:1 1 pin, Gabor rented a hotel room at the Holiday Inn in Independence, Ohio, paying in cash, 262. On or about June 2, 2008 at approximately 9:19 pm, DIMORA stated, ?Hey, I?m coming down.? PE39 asked, ?Hey, did Michael already get the room?? DIMORA replied, ?Yeah, we?re all set,? PE39 replied, was gonna tell you there?s nobody at my house for the entire night,? DIMORA replied, ?We?re all set, I?m on my way, coming back already.? PE39 replied, ?Alright, Well, let me know when you get there and what room and all that good stuff.? DIMORA told PE39 that he wanted to make sure Gabor had left and then would bring her a key to the room. PE39 asked, ?You don?t trust him, huh?? DIMORA replied, ?Yeah, I trust hint. I just don?t want to have him. . . PE39 ?nished sentence, ?You just don?t want him to know who it is.? PE39 told DIMORA that she trusted Gabor and did not care if he knew about them. 263. On or about June 2, 2008 at approximately 10:29 pm, DIMORA asked PE39, ?You?re already in your car?? PE39 replied, ?No, I?m just walking out of the building,? 76 DIMORA stated, ?0h, I?ll talk to you ?til you get in your car then,? and then asked, ?You got dressed that fast?? P1339 replied, ?I?m pretty quick . . doesn't take much to get dressed.? DIMORA stated, ?Guess not.? PE39 stated, ?Underwear, bra, pants, shirt." DIMORA and P1339 discussed a couple of ?seedy looking guys? DIMORA saw in the parking lot, which caused him to check on her: DIMORA stated, ?I?ll stay in touch with uh, with ya, after 1 see what?s going on with P013, Did he, how did you guys leave it? Are you supposed to call him at the end of June?? PE39 replied, ?He made it sound like I need to Show up on July 15th, so that?s what I?m doing,? DIMORA stated, ?I?ll call him You know, I?ll wait a day or two and I?ll say you called me .. . . P013 will follow through with it,? .264, On or about June 5, 2008, DIMORA told PEB9, ?And, um, um, I?ll be you know talkin? to ya, I talked uh, to Everything?s good there, and um, you know. We may end up, we?ll see how things work out, You may end up, he was even sayin? he doesn?t know what?s gonna happen by the end 01:" the year with some of the people there you know so, 3? P1339 replied, ?Whatever, you know me,? 2,65 011 or about June 19, 2008, P1339 asked DIMORA ifhe had spoken with P013 or P1326 because she wanted to make sure everything was in line fer her employment. DIMORA told P1339 to call P013 and say, said I should call you.? 131339 said that she was submitting her two week notice the following Monday. PE39 suggested DIMORA call her and stated, ?If we don?t get together this weekend, maybe one day next week or whatever.? replied, ?Okay honey, I always like your company,? PE39 replied, ?1 like yours, too.? 77 266. On or about June 20, 2008, DIMORA left a voice mail message for P1339, DIMORA informed P1339 that he had spoken with P013, who told DIMORA to tell PB39 that everything was and ?set? for PE39 to start working for the court. 26?. On or about July 11, 2008, PE39 and DIMORA discussed PE39 starting a new job at the Redford Court and also discussed meeting that evening because PE39's husband took her children to the water park. EXECUTION OF THE SCHEME 268, On or about July 22, 2008, DIMORA and P1339, for the purpose of executing the above-described scheme and artifice, caused documents related to PE39's enrollment in OPERS to be sent through the United States mails from Bedf?ord, Ohio, in the Northern District of Ohio, to OPERS in Columbus, Ohio, All in violation ofTitle 18, United States Code, Section 1349. The Grand Jury further charges: COUNT l3 (Hobbs Act Conspiracy, 18 USC 1951) 269. Paragraphs 1-3, 5~the General Allegations are re-alleged and incorporated by reference as if?rlly set forth herein, 270. Beginning in or around 2007 and continuing until on or about June 6, 2008, the exact dates being unknown to the Grand Jury, in the Northern District of Ohio, Eastern Division and elsewhere, Defendant JAMES C, DIMORA, and John Valentin (not charged herein) and others known and unknown to the Grand Jury, did knowingly and intentionally combine, '78 conSpire, confederate and agree with each other to obstruct, delay and affect commerce and the movement of articles and commodities in commerce by extortion; that is, DIMORA obtained property not due to him or his office, from Salva Stone and John Valentin, with their consent, under color of of?cial right. All in violation of Title 18, United States Code, Section 1951, OBJECTS OF THE CONSPIRACY 271, It was an object of the conspiracy that DIMORA solicited and accepted from Salva Stone and Valentin things of value, to include free and discounted home improvements and materials, in return for DIMORA using his County position to benefit Valentin?s friend with an immigration issue, 272. It was a further object of the conSpiracy that DIMORA concealed and attempted to conceal the bribes described in this Count of the Indictment from law enforcement and the public. MANNER AND MEANS It was part of the conspiracy that: 273. In or around 2007, DIMORA visited Salva Stone and selected granite for his residence, There was no discussion about price or payment. 274. In or around 2007, Salva Stone installed granite in residence, Salva Stone did not bill DIMORA for the work and did not expect payment for the work, 275. On or about May .3, 2007, DIMORA caused a federal employee to correspond with the Embassy of the United States in Bucharest, Romania, related to a non-immigrant visa 79 application submitted by Valentin?s friends. 276, In or around Spring 2008, Salva Stone performed work at residence, Salva Stone did not bill DIMORA for the work and did not expect payment for the work. 277. On or about May 23, 2008, after DIMORA learned the FBI was investigating Steven Pumper, DIMORA caused a personal check on his bank account to be written payable to Salva Stone in the amount of $250, which Valentin caused to be deposited on or about June 6, 2008. The amount of the check did not cover the total value of the work performed at the DIMORA residence, All in violation of Title 18, United States Code, Section 1951, The Grand my further charges: COUNT 14 (Hobbs Act, 13 use 1951 278, Paragraphs 1~3, 5-6, 23, 28 and 77 of the General Allegations are re?alleged and incorporated by reference as iffully set forth herein. 279, Beginning in or around 2007 and continuing until on or about June 6, 2008, the exact dates being unknown to the Grand Jury, in the Northern District of Ohio, Eastern Division and elsewhere, Defendant JAMES DIMORA did knowingly obstruct, delay and affect and attempt to obstruct, delay and affect commerce and the movement of articles and commodities in commerce by extortion; that is, DIMORA obtained property not due to him or his of?ce, namely, free and discounted home improvements and materials, from Salva Stone and John Valentin, with their consent, tinder color of of?cial right. 80 All in violation of'Tit1e18 United States Code, Section 1951. he Grand Jury Further charges: COUNT 15 (Hobbs Act Conspiracy, 18 USC, 1951) 280.. Paragraphs 1?3, 5?6, 1 1, 24, 28, 5'2. and 78 of the General Allegations are re- alleged and incorporated by reference as if fully set forth herein, Beginning in or around .2001 and continuing until on or about May 30, 2008, the exact dates being unknown to the Grand Jury, in the Northern District of Ohio, Eastern Division and elsewhere, Defendant JAMES DIMORA, and Nicholas Zavarella (not charged herein), and others known and unknown to the Grand Jury, did knowingly and intentionally combine, consPire, confederate and agree with each other to obstruct, delay and affect commerce and the movement of articles and commodities in commerce by extortion; that is, DIMORA obtained property not due to him or his of?ce, from ZBC and Zavarella, with their consent, under color of of?cial right OBJECTS OF THE CONSPIRACY 282, It was an object of the conspiracy that DIMORA solicited and accepted from Zavarella and ZBC things of value, to include free and discounted home improvements, in return for DIMORA using his County position to bene?t Zavarella, Zavarella?s relative, and others, both as requested and as future opportunities arose, 283. It was a further object of the conspiracy that DIMORA concealed and attempted to conceal the bribe from ZBC and Zavarella from law enforcement and the public, 81 MANNER AND MEANS It was part of the conspiracy that: 284, In or around 2001, DIMORA assisted a relative of Zavarella in obtaining aljob with the County. 285, In or around 2002, DIMORA asked Zavarella to have ZBC perform work at residence. DIMORA did not ask for a quote and did not offer to pay for the work. ZBC performed the work, but neither ZBC not Zavarella billed DIMORA for the work. 286, In or around 2004, DIMORA asked Zavarella to have ZBC perform work at residence, Zavarella and DIMORA did not discuss payment, ZBC performed the work, but neither ZBC nor Zavarella billed DIMORA for the work. 287,. In or around late 2005 or early 2006, DIMORA agreed to help Zavarella?s relative obtain a teachingjob in School District 1. Zavarella?s relative began teaching in School District 1 in early 2006 as a substitute, 288. On or about April 26, 2007, DIMORA caused a reference letter for Zavarella?s relative, bearing his signature on County Commissioners? letterhead to be sent to School District 2, Zavarella?s relative began teaching in School District 2 in the Fall of 2007. 289. In or around 2007, DIMORA asked Zavarella to have ZBC perform work at residence. Zavarella and DIMORA did not discuss payment. ZBC performed the work, but neither ZBC nor Zavarella billed DIMORA for the work. 290. On or about March 24, 2008, Zavarella called DIMORA to express his concern about the possibility that a proposed County construction project was being undermined. 82 Zavarella explained that ZBC would be obtaining subcontract work on the project and that Zayarella was working with a contractor on budget numbet?s. DIMORA said he would have his assistant ?snoop around.? 291. On or about March 24, .2008, DIMORA called and asked that PEI investigate the matter about which Zavarella had inquired 2922? Beginning on or about May 23, 2008, DIMORA attempted to conceal from law enforcement and the public the fact that DIMORA had not paid For the work performed by 2,80 293. On or about May 2.3, 2008, DIMORA caused a personal cheek on Lori and JAMES personal checking account to be written payable to ZBC in the amount of $500" 294,. On or about May 28, 2008, DIMORA asked Zayatella to send DIMORA a bill for the work ZBC had performed at residence DIMORA told Zavatella that something was happening and DIMORA did not want Zavarella to get involved because Zavarella did not do County work. 295.. On or about May 30, 2008, Zavarella caused to be sent an invoice to DIMORA falsely stating that $6,687 worth of'wor?k had been completed ?as of 3/31/08? All in violation of Title 18, United States Code, Section 1951" 83 The Grand Jury further charges: COUNT 16 (Hobbs Act, 18 1951) 296. Paragraphs 1-this Indictment are re?alieged and incorporated by reference as if fully set forth herein, 297. Beginning in or around 2001 and continuing until on or about May 30, 2008, the exact dates being unknown to the Grand Jury, in the Northern District of?Ohio, Eastern Division and elsewhere, Defendant JAMES DIMORA, did knowingly obstruct, delay and affect and attempt to obstruct, delay and affect commerce and the movement of articles and commodities in commerce by extortion; that is, DIMORA obtained property not due to him or his office, namely, free and discounted home improvements and materials, from ZBC and Nicholas Zavarella, with their consent, nnder color of?official right. All in violation of Title 18, United States Code, Section 1951. The Grand my further charges: COUNT 17 (Hobbs Act Conspiracy, 18 U.S.C. 1951) 298, Paragraphs 1?3, 17, 21, 26, 28?30of?the General Allegations are re?alleged and incorporated by reference as set forth herein. INTRODUCTION 299. In or around 2006, the County Commissioners approved construction of a new Juvenile Justice Center at East 93rd Street and Quincy Avenue in Cleveland, Ohio, at an estimated cost of approximately $160 million (hereinafter project?), 84 1 300.. On or about December 13, 2007, the County Commissioners issued requests for proposals for various portions of the project, 301 On or about February 22, 2008, Reliance Mechanical submitted bids in response to the County?s R1: for the I-IVAC and plumbing portion of the project. 302, On or about March 20, 2008, the County Commissioners voted to reject all bids received for the plumbing portion (and other portions) of the JJC and ordered that the plumbing portion (and other portions) be rebid. .303. On or about April 2008, Reliance Mechanical submitted a second bid for the plumbing portions of the project, 304. In or around early 2008, NEIHEISER sought to obtain a lease for an ice skating rink between the City of Lakewood and Winterhurst On or about June 6, 2008, the City of Lakewood entered into the lease with Winterhurst, THE CONSPIRACY 305, Beginning in or around Fall 2007 and continuing until on or June 2008, the exact dates being unknown to the Grand Jury, in the Northern District of Ohio, Eastern Division and elsewhere, Defendants JAMES C, DIMORA and WILLIAM N, NEIHEISER, and others known and unknown to the Grand Jury, did knowingly and intentionally combine, conspire, confederate and agree with each other to obstruct, delay and affect commerce and the movement of articles and commodities in commerce by extortion; that is, DIMORA obtained property not due to him or his office, from NEII-IEISER and Reliance Mechanical, with their consent, under color of official right. 85 OBJECT OF THE CONSPIRACY 306. It was the object of the conspiracy that DIMORA solicited and accepted things of value, including free and discounted home improvements, materials and financial assistance, from NEIHEISER and Reliance Mechanical, in return for DIMORA using his County position to bene?t NEIHEISER, Reliance Mechanical and Wintei?hurst, both as requested and as future opportunities arose. MANNER AND MEANS It was part of the conspiracy that: 307. In or around Fall 2007, NEIHEISER caused Reliance Mechanical to perform free and discounted home improvements at residence 308. On or about February 1 1, 2008, DIMORA and NEIHEISER spoke about the JJC project. NEIHEISER mentioned that the County Commissioners threw out the low bid for the structural steel portion of the project based on technicalities. NEIHEISER told DIMORA that when Reliance Mechanical has the low bid, ?Don?t f??k it up,? because when Reliance Mechanical wins the bid they (DIMORA and NEIHEISER) could ?have fun for two years.? DIMORA replied, ?Good,? and that he hoped Reliance Mechanical was the low bid, 309. On or about February 16, 2008, DIMORA purchased a Chris ?Beanie? Wells football jersey at the Cornerstone of Hope charity auction for approximately $3,600. 310. On or about February 22, 2008, EEG and DIMORA discussed the JJC bids, including Reliance Mechanical not being the low bidder by ?a couple million dollars.? DIMORA said, ?There?s no way we could do him if he?s that far off.? BEIG stated that he was 86 going to call NEIHEISER DIMORA told 131310, ?Just make sure he remembers about my 3,600,? B1310 reaponded, ?That we?ll take care of, May, maybe he threw it in the bid,? They both laughed. 31 1. On or about March 6, 2008 at approximately 5:08 pm, DIMORA told PE18 to get on the phone or leave NEIHEISER a message to call DIMORA, 31.2. On or about March 6, 2008 at approximately 5: 10 pm, DIMORA told P1327 to retrieve documents related to the .110 from desk and bring them to DIMORA, who was by Frank Russo?s of?ce. 313. On or about March 6, 2008 at approximately 5:11 pm, DIMORA told NEIHEISER he would be at Delmonieo?s restaurant from 6:00 pm, to 9:00 pm. NEIHEISER. said he would stop by and have a drink, NEIHEISER said that he would pay for the Wells jersey if DIMORA bought the drink, DIMORA replied, ?Deal,? They both laughed, 314. On or about March 6, 2008 at approximately 8:15 pm, DIMORA Spoke to 13014, who said, heard you were lookin? for nae," DIMORA replied, ?Yeah. I was sittin? here with a friend of mine who?s been tryin? to get ahold of you and talk to you about your ice rink. He wants to make a proposal to you uh that he thinks will be advantageous to the City and to you if uh you wanted to talk to him and 1 mean the guy?s, . P014 asked if it was NEIHEISER, DIMORA con?rmed it was. P014 said that he has been unable to return call because P014 had been in union negotiations. 13014 told DIMORA that P014 would ?be more than happy to talk to the guy,? DIMORA said, ?Okay. Uh, do you want me to tell - . I?m sittin? next to him here but he can?t hear me, Do you want me to tell him like you?ll call him next week 87 or. . . P014 told DIMORA to have NEIHEISER call him at 9:30 the following morning and P014 will ?make time . .. . I?ll make time . . . I?ll make time to talk to him.? DIMORA told P014, ?If?there?s anything we can do, uh, let us know, you know, uh, any help we can provide.? 315. On or about March 6, 2008 at approximately 9:06 pm, DIMORA told BEIO that Kelley, NEIHEISER, acquaintance and his acquaintance?s daughter, Michael Gabor and others were with DIMORA at Delmonico?s restaurant. DIMORA told BEIO, just left.? 13131 0 asked, ?Hey, did my guy when he stopped by there, took care of business didn?t he?? DIMORA replied, ?Ijust told you he took care of more than me.? BEIO responded, ?Beautiful.? 316. On or about March 11, 2008, DIMORA caused to be deposited into hisjoint checking account, a check in the amount drawn on account and made payable to Lori Dimora, who was wife. All in violation ofTitle 18, United States Code, Section 1951. The Grand Jury further charges: COUNT 18 (Hobbs Act, 18 use. 1951) 317. Paragraphs 1~3, 5-6, 21-22, 28 and 68?69 of the General Allegations are re?alleged and incorporated by reference as if fully set forth herein. 318. Beginning in or around Fall 2007 and continuing until in or around June 2008, the exact dates being unknown to the Grand Jury, in the Northern District of Ohio, Eastern Division and elsewhere, Defendant JAMES DIMORA did knowingly obstruct, delay and affect and attempt to obstruct, delay and affect commerce and the movement of articles and commodities in 88 commerce by extortion; that is, DIMORA obtained property not due to him or his of?ce, namely, free and discounted home improvements, materials and ?nancial assistance, from NEIHEISER and Reliance Mechanical, with their consent, under color of of?cial right. All in violation ofTitle 18, United States Code, Section 1951. The Grand Jury further charges: (Conspiracy to Commit Wire Fraud and Honest Services Wire Fraud, 18 U.S.C. 1343 and 1346, in violation of 18 USC. 1349 319, Paragraphs 1-3, 17, 21, .28~30the General Allegations are re~alleged and incorporated by reference as if fully set forth herein. INTRODUCTION 3.20.. In or around 2006, the County Commissioners approved construction of a new Juvenile Justice Center at East 93rd Street and Quincy Avenue in Cleveland, Ohio, at an estimated cost of approximately $160 million (hereinafter project?). 321. On or about December 13, 2007, the County Commissioners issued requests For proposals for various portions of the .IJC project. 322. On or about February 22, 2008, Reliance Mechanical submitted bids in response to the County?s RFP for the HVAC and plumbing portions of the JJC 323. On or about March 20, 2008, the County Commissioners voted to reject all bids received for the plumbing portion (and other portions) of the .I and ordered that the plumbing portion (and other portions) be rebid. 89 324. On or about April 2008, Reliance Mechanical submitted a second bid for the plumbing portions of the project 325. In or around 2008, NEIHEISER sought to obtain a lease for an ice skating rink between the City of Lakewood and Winterhurst. On or about June 6, 2008, the City of Lakewood entered into the lease with Winterhurst. THE CONSPIRACY 326. From in or around Fall 2007 through in or around May 2008, the exact dates being unknown to the Grand Jury, in the Northern District of?Ohio, Eastern Division and elsewhere, Defendants AMES C. DIMORA and WILLIAM NEIHEISER, and others known and unknown to the Grand my, did knowingly and intentionally combine, conspire, confederate and agree with each other to commit offenses against the United States; that is, to knowingly devise and intend to devise a scheme and artifice: (1) to defraud and deprive Cuyahoga County and its citizens of their right to the honest and faithful services through bribery and kickbacks and the concealment of material information related thereto, and (2) to defraud Cnyahoga County and certain contractors and to obtain money and property by means of materially false and fraudulent pretenses, representations and promises, and for the purpose of executing such scheme and artifice, to cause to be transmitted by means of wire communication in interstate commerce, writings, signs, signals, pictures and sounds, in violation of Title 18, United States Code, Sections 1343 and 1346, 90 OBJECT 013 THE CONSPIRACY 327, It was the object of the conspiracy that DIMORA, with BE.10's assistance, secretly used his official position to enrich himself by soliciting and accepting gifts, payments, and other things of value from NEIHEISER and Reliance Mechanical, in exchange for favorable of?cial action, and that NEIHEISER enriched himself, Reliance Mechanical and Winterhurst by secretly obtaining favorable official action for themselves through corrupt means, MANNER AND MEANS It was part of the conspiracy that: 328, NEIHEISER and Reliance Mechanical gave and offered to give DIMORA gifts, payments, and other things of value, and in exchange, DIMORA provided favorable of?cial action for the benefit and Reliance Mechanical as requested and as opportunities arose. 329, DIMORA attempted to deprive the County and certain contractors of money and property by taking official action in the award and administration of public business, to the ?nancial bene?t Reliance Mechanical and Winterhurst and to the ?nancial detriment of the County and certain contractors, based on NEIHEISER offering and giving things of value to DIMORA and not based on merit. .330, The conspirators took steps to hide, conceal, and cover up their activity and the nature and scope dealings with DIMORA, 331, 0, at times, served as an intermediary between DIMORA and NEIHEISER, 91 Acts in furtherance of the 332. In or around Fall 2007, NEIHEISER caused Reliance Mechanical to perform free and discounted home improvements at residence. 333, On or about February 1 1, 2008, DIMORA and NEIHEISER spoke about the HC project. NEIHEISER mentioned that the County Commissioners threw out the low bid for the structural steel pottion of the HC project based on technicalities. NEIHEISER told DIMORA that when Reliance Mechanical had the low bid, ?Don?t it up,? because when Reliance Mechanical wins the bid they (DIMORA and NEIHEISER) could ?have fun for two years.? DIMORA replied, ?Good,? and that he hoped Reliance Mechanical was the low bid, 334, On or about February 16, 2008, DIMORA purchased a Chris ?Beanie? Wells football jersey at the Cornerstone of Hope charity auction for approximately $3,600, 335. On or about Februaty 17, 2008, DIMORA spoke to BEIO about the Wells football jersey Diinora purchased the previous evening. DIMORA complained that had convinced DIMORA to purchase the jersey, DIMORA also indicated that NEIHEISER agreed to pay for half the jersey. DIMORA, imitating NEIHEISER, said, got your back, I?m, I?m in for half.? DIMORA then questioned, ?What are we and going to do, rotate it every week?? E3131 0 responded by telling DIMORA to sell the jersey to NEIHEISER. 336. On or about February 22, 2008, 81310 and DIMORA discussed the project, including Reliance Mechanical not being the low bidder by ?a couple million dollars,? DIMORA said, ?There?s no way we could do him if'he?s that far off,? BEIO stated that he was 92 going to call NEIHEISER, DIMORA told B1310, ?Just make sure he remembers about my 3,600.? BEIO responded, ?That we?ll take care of May, maybe he threw it in the bid,? They both laughed. 3.37.. On or about March 2, 2008, 131310 told DIMORA he recently exchanged calls with 131310 then said, ?Your buddy is coming on an airplane tomorrow, He?s gonna call you and come see you.? 0 then clarified who he was referring to and stated, ?My friend in the mechanical business who erred in judgment and now wants to fix his error in judgment? DIMORA asked how NEIHEISER was going to ?fix it.? 81310 replied, ?He?s gonna fix it the only way he possibly can.? DIMORA then asked if he was supposed to meet with NEIHEISER BEIO told DIMORA, ?He?ll come see you,? DIMORA and 813.10 then discussed Reliance Mechanical?s bid for work at the HQ DIMORA informed BEIO that Reliance Mechanical was $2 million higher than the low bidder and inquired, ?How could you be two million B1310 agreed two million was a lot of money. B1310, who was in Florida at the time of the telephone call, told DIMORA he was staying in Florida a couple of extra days, DIMORA and BEIO then discussed throwing out all the bids for the JJC because the proposals submitted for the general trades portion were all significantly over budget .338. On or about March 3, 2008, 131310, from Florida, called DIMORA in Ohio, After initially discussing the weather in Florida, B1310 asked DIMORA, ?Did that clown call you today yet?? DIMORA veri?ed that B1310 was referring to and told BEIO he had Spoken with NEIHEISER and they (DIMORA and NEIHEISER) were going to ?hook up? the following day B131 0 then suggested that NEIHEISER was ?feeling the pressure? because Reliance 9.3 Mechanical was not the low bidder on the IC. DIMORA told BEIO that he had spoken to the Construction Manager and ?put a bug in his ear and told him to take a look, uh, at all the packages and if there?s enough of them ya know, 1 said to him, ?Shouldn?t we just throw them out and keep going?? BEIO agreed and later reaponded, wanna make sure takes care of?business, That?s all I care about.? DIMORA replied, ?Tomorrow. Hepef'ully I?m gonna see him.? 339.. On or about March 6, 2008 at approximately 5:08 pm, DIMORA told PE18 to get NEIHEISER on the phone or leave a message to call DIMORA. 340,. On or about March 6, 2008 at approximately 5:10 puma, DIMORA told P1327 to retrieve documents related to the from desk and bring them to DIMORA, who was by Frank Russo?s office. 341. On or about March 6, 2008 at approximately 5:11 pm, DIMORA told NEIHEISER he would be at Delmonieo?s restaurant from 6:00 pm. to 9:00 pm. NEIHEISER said he would stop by and have a drink. NEIHEISER said that he would pay for the Wells jersey bought the drink. DIMORA replied, ?Deal.? They both laughed, 342. On or about March 6, 2008 at approximately 8:15 pm, DIMORA Spoke to P014, who said, heard you were lookin? for me? DIMORA replied, ?Yeah, I was sittin? here with a friend of mine who?s been tryin? to get ahold of you and talk to you about your ice rink. He wants to make a proposal to you uh that he thinks will be advantageous to the City and to you it uh you wanted to talk to him and I mean the guy?s. . . .. P014 asked if it was NEIHEISER. DIMORA confirmed it was. P014 said that he has been unable to return call 94 because P014 had been in union negotiations. P014 told DIMORA that P014 would ?be more than happy to talk to the guy,? DIMORA said, ?Okay, Uh, do you want me to tell . I?ni sittin? next to him here but he can?t hear me, Do you want me to tell him like you?ll call him next week or, 3? P014 told DIMORA to have NEIHEISER call him at 9:30 the following morning and P014 will ?make time . . I?ll make time .. I?ll make time to talk to him.? DIMORA told P014, ?Ifthete?s anything we can do, uh, let us know, you know, uh, any help we can provide,? 343, On or about March 6, 2008 at approximately 9:06 pm, DIMORA told B1310 that Kelley, NEII-IEISER, acquaintance and his acquaintanee?s daughter, Michael Gabor and others were with DIMORA at Delmonico?s DIMORA told BEIO, just left,? B1310 asked, ?Hey, did my guy when he stopped by there, took care of business didn?t he?? DIMORA replied, just told you he took care of more than me,? 131310 responded, ?Beautiful,? 344. On or about March 7, 2008, DIMORA told B1310 that wanted to take DIMORA on a trip to Atlantic City, DIMORA asked BEIO if he (DIMORA) should go, BE10 questioned, ?On Good Friday?? DIMORA con?rmed they would travel on Good Friday. 0 told DIMORA to use hisjudgment and cautioned DIMORA, as long as you go with NEIHEISER, you might as well publish it on CNN. B1310 said, ?Oh my God, God love him he can?t shut his 'f'uin? mouth. I mean he?s brutal.? DIMORA said that is why he is nervous. 345, On or about March 1 I, 2008, DIMORA caused to be deposited into hisjoint checking account, a check in the amount of $3,600 drawn on account and made 95 payable to Lori Diniora, who was wife, 346. On or about March 12, 2008, DIMORA asked Gabor to call NEII-IEISER regarding the Atlantic City trip NEIHEISER wanted five people to fill the plane, and they discussed possible travel companions. 347, On or about March 19, 2008, DIMORA confirmed that Russo definitely did not want to go to Atlantic City. Russo expressed concern about going on the trip because the media had been inquiring about BE13. DIMORA said that it was not worth it, considering their upcoming trip to Las Vegas. Russo was concerned that they would blow a couple thousand and then would be disappointed when they did not have that money in Las Vegas. Russo suggested that DIMORA tell NEII-IEISER to hire a limo to drive them to Mountaineer casino. 348.. On or about April 4, 2008, NEIHEISER told DIMORA, ?Russo wanted to go. You wouldn?t let him go.? DIMORA laughed and said, wouldn?t let him go?? NEIHEISER responded, ?He said yeah, squished the trip.? DIMORA said, ?Oh, he didn?t wanna go, I was the only one . . me and Michael [Gabor] were the only two that wanted to go. . . . but let?s do it again. Let?s you know, we?re going in uh, uh . Vegas,? NEIHEISER told DIMORA to have fun in Las Vegas, ?get your money back and then we?ll reload the trip and we?ll go up to the East Coast some time in the Spring,? DIMORA replied, ?De?nitely, please.? 349. On or about May 5, 2008, BEIO told DIMORA, said he might want to stop out tomorrow night, So . maybe I?ll give you ajingle,? and then added, ?That?s a major sponsor, That?s serious.? DIMORA responded, laughing, know.? 96 EXECUTION OF THE SCHEME 350, On or about the dates listed below, in the Northern District of Ohio and elsewhere, DIMORA, NEIHEISER and others, for the purpose of executing the above?described scheme and arti?ce, caused to be transmitted by means of wire communication, in interstate commerce, writings, signs, signals, pictures, and sounds, including the following: Date Description February 17, 2008 Telephone call from 0 in Florida to DIMORA in the Northern District of Ohio, March 2, 2008 Telephone call from 8131 0 in Florida to DIMORA in the Northern District of Ohio. March 3, 2008 Telephone call from 0 in Florida to DIMORA in the Northern District of'Ohio. All in violation of Title 18, United States Code, Section 1349. The Grand Jury further charges: COUNT 20 (Conspiracy to Commit Bribery Concerning Programs Receiving Federal Funds, 18 USC 371) 351. Paragraphs 1-3, 14, 16, 25, 28, 3081, 40, 47, 5162, 55-56, 63, 74, 79 and 83 of' the General Allegations are rewalleged and incorporated by reference as if fully set forth herein, 352.. Pumper and DAS participated in renovating the Parkview Apartments (the former Allerton Hotel) located in downtown Cleveland, Ohio for low income housing, Pumper also had a ?nancial interest in the project which was financed by FIU D, County loans and other means. 97 353. The County was a government agency as that term is defined in Title 18, United States Code, Section 666(d)(2), that received bene?ts in excess during the years July 31, 2004 through July 30, 2005, July 31, 2005 through July 30, 2006, July 31, 2006, through July 30, 2007, and July 31, 2007 through July 30, 2008 under a Federal program involving a grant, contract, subsidy, loan, guarantee, insurance and other form of Federal assistance, THE CONSPIRACY 354. Beginning in or about 2004 and continuing until on or about July 28, 2008, the exact dates being unknown to the Grand Jury, in the Northern District of Ohio, Eastern Division and elsewhere, Defendants JAMES C. DIMORA and MICHAEL D. GABOR, and Steven Pumper (not charged herein) and others known and unknown to the Grand Jury, did knowingly and intentionally conspire, combine, confederate and agree to commit an offense against the United States, that is bribery concerning programs receiving federal funds, in violation of Title 18, United States Code, Sections 666(a)(1)(B) and OBJECTS OF THE CONSPIRACY 355. It was an object of the conspiracy that DIMORA, assisted by GABOR in some instances, corruptly solicited and accepted for the benefit of any person things of value from Pumper, DAS, DAS Development and Green-Source, DIMORA and GABOR acting with the intent that DIMORA be influenced and rewarded in connection with a business, transaction and series of transactions of the County valued at $5,000 or more in each of the years July 31, 2004 through July 30, 2005, July 31, 2005 through July 30, 2006, July 31, 2006, through July 30, 2007, and July 31, 2007 through July 30, 2008. The things of value included, among other 98 66 ?900: .10 17003 11; 19m 10} ?nd 101! 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In or around the Fall of2004, DIMORA agreed to assist Pumper in obtaining for DAS a County construction management contract valued at approximately $24,842, 361, On or about September 26, 2006, BE8 offered to sell a parking garage to the County for approximately $5,250,000. Sometime in 2006, the exact date unknown to the Grand Jury, BBS asked Pumper to assist BE8 with problems that were delaying BE8's sale of the parking garage to the County, Pumper offered DIMORA approximately $35,000 in cash if DIMORA facilitated the sale. DIMORA agreed and accepted approximately $33,000 in cash from Pumper in installments ending in approximately May 2008. 362, From on or about October 23, 2006 to in or about March 2008, DIMORA used his influence to assist Pumper in obtaining County loans for the redevelopment of the Parkview Apartments (hereinafter ?Parkview loan?) and an extension on the Parkview loan. In or about 2007, DIMORA requested that Pumper construct a grill area, barbecue shelter, patio floor and roof at residence. Pumper caused DAS to perform the work, valued at approximately $27,225 (above and beyond amounts DIMORA paid directly to DAS suppliers and subcontractors), DAS did not bill DIMORA for the work DAS performed and caused to be performed, and DIMORA did not pay for that work in 2007, 364, Sometime between in or around June 2007 and December 2007, DIMORA, at Purnper?s request and in an attempt to expedite Pumper?s divorce proceedings, called the chambers ofPO8, the judge assigned to Pumper?s divorce case. 365. Beginning at a time unknown to the Grand Jury and continuing through 2008, BE8 sought I-IUD financing for rehabilitating two apartment buildings he owned on the west side 100 of Cleveland. He also sought a HUD commitment guaranteeing I~lUD?subsidized tenants, 13158 asked Pumper, who expected DAS would obtain the construction work on the rehabilitation project, to obtain assistance with HUD. Speci?cally, 13138 wanted DIMORA to in?uence two federal employees? of?ces to intercede with HUD on [3138's behalf; Pumper agreed to approach DIMORA.. Between on or about February 12, 2008 and on or about May 6, 2008, and at Pumper?s request, DIMORA agreed to assist and caused his staff to make calls to two federal employees? offices, 366, From approximately December 2007 or January 2008, through in or about March or April .2008, the exact dates unknown to the Grand Jury, DIMORA, Pumper and GABOR agreed that DIMORA would use his County position to assist Green-Source, Pumper and GABOR, in obtaining public contracts and subcontracts, and that DIMORA would be compensated for his efforts. Pumper, DIMORA and GABOR discussed Green-Source employing GABOR to solicit work for Green~Source They contemplated that GABOR would use in?uence over private contractors and various public of?cials at the County and municipal levels to obtain contracts and subcontracts for Green~Source Under the plan, GABOR would receive a base salary plus commissions From Green-Source and would give DIMORA a percentage of those commissions. It was further contemplated between Pumper and GABOR that when DIMORA retired from his position as County Commissioner, Green~Source would retain DIMORA as a consultant. 367, From on or about December 18, .2007 through on or about April 9, 2008, DIMORA used his of?cial influence to support an application for an approximately $200,000 101 ?Brown?eld? loan and an approximately $800,000 Economic Redevelopment Loan for the Green~Source building on Ivanhoe Road in Cleveland, Ohio. 368. On or about January 4, 2008, at the request of?Purnper, DIMORA recommended to that Business 5 use DAS as a preferred contractor on two downtown Cleveland development projects, both of which projects involved the County. 369. In or about April and May 2008, DIMORA used his influence with Judge Bridget McCalt?erty to cause McCafi'erty to expedite scheduling and holding a settlement conference in a case in which DAS was a party (hereinafter ?the DAS case?). 370. On or about May 23, 2008, when DIMORA learned that Pumper was under federal investigation for bribing PE3 7, a City orl'Cleveland building inspector, DIMORA caused to be written the first in a series of checks payable to DAS for the work DAS had performed on his residence in prior years. 371, On or about May 25, 2008, Pumper created a Construction Agreement purporting to re?ect a verbal agreement of October 10, 2005 between DIMORA and DAS for work DAS performed at the DIMORA residence, and arranged to have the Construction Agreement delivered to DIMORA through GABOR. 372, On numerous occasions during times material to this Count of the Indictment, Pumper paid and caused DAS and DAS Development to pay for entertainment, dinners and drinks for DIMORA and his friends and family, 102 OVERT ACTS 373. In 'l?urtherance of the eonSpiracy, and to effect the objects thereof, DIMORA, GABOR, Pumper and others comn'titted the following overt acts in the Northern District of' Ohio: A. On or about October 7, 2004, Pumper caused DAS to purchase supplies for use at the DIMORA residence, B, On or about November 16, 2004, DIMORA voted to approve a County Department of Central Services contract with DAS in the amount of approximately $24,842 For consultant engineering services on the Courthouse Square Renovation Project. C. On or about November 17, 2005, Pumper caused DAS to purchase supplies for use at the DIMORA residence, D, On or about October .23, 2006, DIMORA voted to recommend two Brown?eld Redevelopment Fund loans, each in an amount not-to?exceed $1,000,000 for the Parkview Apartment Project. 13. On or about March 20, 2007, Pumper caused DAS DeveIOpment to distribute to DIMORA eight tickets for the March .25, 2007 Cleveland Cavaliers game, the tickets valued at approximately $2,400. P. On or about May 23, 2007, DIMORA instructed County staff to place the purchase of the BES parking garage on the agenda for Tuesday, May 29, 2007. G. On or about May .29, 2007, DIMORA voted to approve the County?s purchase of BES's parking garage for approximately $5,145,000. 103 H. On or about June 27, 2007, Pumper caused DAS to pay a contractor $1,250 for work done on the DIMORA residence. I. Orr or about September 1, 2007, Pumper caused DAS Development to distribute to DIMORA tickets to 3 Cleveland Indians game. I. On or about December 15, 2007, GABOR said to Pumper that employment at Green?Source would be great for ?everybody.? K. On or about December 17, 2007, Pumper informed DIMORA he had tickets for him to a Cleveland Cavaliers game. L. On or about December 20, 2007, Pumper caused DAS Development to distribute to DIMORA four tickets for the December 20, 2007 Cleveland Cavaliers game, the tickets valued at approximately $780. M. On or about January 4, 2008, as part of?Pumper?s efforts to have DIMORA assist DAS obtaining contracts with company, Pumper told 8E7, was just talking to the other day and we wanted to grab some lunch with you or dinner and wanted to see how your schedule was coming up next week and, so I can coordinate that with him.? BE7 asked what was ?going on? with DIMORA. Pumper replied, ?Uh, just you know, with the County stuff and you know, just he just wants to break a little bread with you a little bit. So . . . we just wanted to try and do that sometime next week ifthat?s possible.? Pumper and BE7 agreed to coordinate it with DIMORA. N. On or about January 8, 2008, DIMORA voted to authorize the County Department ofDevelopruent to issue to ?1 170 Ivanhoe, LLC for various projects, located at 170 104 Ivanhoe Road, Cleveland [the Green~Source building]? loans in the amount hot?t0?exceed $200,000 fora Brown?eld Redevelopment Fund Project, 13) in the amount not-to-exceed $800,000 for a Commercial Redevelopment Fund Project.? 0. On or about January 15, 2008, Pumper signed a purchase order authorizing DAS to pay Beacon Metal Fabricators approximately $7,500 for work that had been performed on the DIMORA residence in 2007, P, On or about January 18, 2008 at approximately 3:34 11111., GABOR and Pumper discussed DIMORA approving plan to work at Green-Source, Q. 011 or about January 18, 2008, Pumper met GABOR and DIMORA at Green-Source for a walk?through R. On or about January l9, 2008, GABOR and Pumper had a conversation in which GABOR told Pumper that DIMORA was ?cool? with GABOR working at Greeu~Source Purnper told GABOR that DIMORA should do what he could to help GABOR while DIMORA was ?still in power.? GABOR responded that DIMORA ?will be rewarded with it,? S, On or about January 22, 2008, Pumper and GABOR talked about a possible public project for Green-Source ia a suburb where relative was a public of?cial. Pumper and GABOR discussed how GABOR could earn commissions on the project. GABOR said, ?Alright, well I don?t want to talk now but I mean.? Pumper attempted to interrupt and then GABOR said, ?I?ll treat him like JIM you understand?? T. Orr or about February 4, 2008, Pumper told GABOR to relay a message to DIMORA that Pumper wanted DIMORA to ask the director of'a County agency to do an of?cial 105 act in connection with Puniper?s divorce. U.. On or about February 6, 2008, GABOR told Pumper that DIMORA needed the case number and that DIMORA would call that day or the next, V. On or about February 8, 2008 at approximately 1 1:55 21,111., Pumper and GABOR discussed their plan to have DIMORA approach on Green~Source?s behalf. W. On or about February 1 l, 2008 GABOR and PUMPER discussed their efforts to have DIMORA insert Green~Source products as a required part of the bid for a proposed County project. X. On or about February 20, 2008, GABOR and Pumper had a conversation in which GABOR reported that he had talked with DIMORA about getting Green?Source?s products spec?d in the building. GABOR said DIMORA offered to have lunch with and asked Pumper if he wanted to do that on Monday or Tuesday, Y. On or about February 27, 2008, DIMORA had a conversation with PE19 about Pumper needing an extension on the Parkview loan, DIMORA sought advice from PE19 about which County officials the Parkview ?folks? should meet to discuss obtaining an extension, PE19 named two individuals and asked wanted PE19 there, DIMORA replied, ?Well . . only because I?m sure they?re not going to be able to tell them yes or no on their request.? PE19 said, ?If?you don?t mind, let me have my staff there and tell them they gotta report back to me, and then we can sit there and think about what we want to do and I could be the prick if you need a prick? DIMORA responded, ?Okay, Well I?m okay with giving them an extension, uhm . and a ain they?re said the ?re willin to ay the interest on the extension . . . 8 106 they?re not . 3? PE19 said the County had done that for a restaurant and ?affordable housing is an easier thing to do than a restaurant . . .. you tell me where and when and I?ll have them there, Period. If it comes from you, it?s even better than if it?s coming from me.? Z, On or about March 3, 2008 at approximately 4:34 pm, DIMORA had a conversation with 1 in which he expressed frustration that County employees had not yet scheduled the meeting on the Parkview extension, AA. On or about March 4, 2008, DIMORA wrote a note to 1 and 8 on a printed email message about the Parlwiew extension instructing them to make sure Pumper was ?called on this meeting date and time above and that this is the meeting he wanted on the Allerton Project, not Parkview Project, and advise me,? He also wrote that he wanted two particular County employees ?in attendance? at the meeting. BB. On or about March 3, 2008 at approximately 2:38 pm, PUMPER discussed a potential Green?Source business lead with GABOR and said they do ?retirement facilities, which is perfect for Green-Source.? PUMPER told GABOR, ?Set this up . . me, you, JIMMY and him, and have them start to put that stuff into play for us,? GABOR replied, ?Ok, now wait a minute, why JIM PUMPER replied, ?Well, because you know, [the business man] likes JIMMY you know and maybe if [the business man] needs something he can talk to JIMMY, something like that you know.? GABOR replied, ?Ok, but JIM doesn?t really have nothing to do with it right? Just to have him there, right?? PUMPER stated, ?Yeah, just to have him there,? 107 CC. On or about March 3, 2008 at approximately 4:26 pm, Pumper, speaking on telephone, had a conversation with DIMORA in which Pumper mentioned an east side Neighborhood Family Services Center as being a ?perfect? project for Green- Source, DIMORA explained the positions various politicians were taking on the project and then said, will try and nail it down and see where its at.? Pumper responded, ?As long as we know what direction it?s going and that way we can like have MICHAEL over there, kinda contact the guys and try to sit down with their architects,? DD. On or about March 3, 2008 at approximately 4:42 pm, PEll reported to that there was no answer for the EE. On or about March 5, 2008, DIMORA and Pumper had a conversation in which DIMORA told Pumper the meeting with Parkview/Allerton representatives had been scheduled for March 10th. Pumper told DIMORA that he needed the loan moved out about five to ten years. DIMORA replied, ?Five? . i told them maybe give? em . . . add maybe one or two.? DIMORA then stated, ?Well have the meeting and then let me see what, you know, what I can do with it.? FF On or about March 10, 2008, Pumper met with County employees to discuss an extension of the Parkview loan. GG. On or about March 12, 2008, DIMORA and GABOR met with PE10 at Delmonico?s restaurant to promote Green-Source products for the JJC. On or about March 14, 2008 at approximately 8:08 ant, Pumper had a conversation with a Green-Source employee about in?uence over PE10 with respect 108 to the MC, 11. On or about Friday, March 14, 2008, Pumper gave P1310 a tour of Green~ Source. On or about March 14, 2008 at approximately 10:59 ant, GABOR and Pumper discussed role in assisting Green?Source with the JJC. KK. On or about March 16, 2008, PU MPER and GABOR had a conversation about whether they needed DIMORA ?to do anything? to assist Green~Source regarding a pending County project. LL, On or about March 21, 2008, GABOR and Pumper had a conversation about concerns regarding attendance at a meeting that DIMORA was arranging for Pumper and BEZS regarding Gr'eemSource working on the JJC. MM. On or about March 26, .2008 at approximately 1:03 pm, GABOR and Pumper had a conversation in which Pumper stated that he was working on the addendum for the JJC. Pumper said, ?We saved them close to about $2 million dollars.? GABOR responded, ?That?s exactly what they ?gured, that is exactly what JIM said, 2 to 3 million.? NN. On or about March 26, 2008 at approximately 1 1:58 3,111., Pumper and DIMORA had a conversation in which Pumper asked DIMORA about union reaction to Green- Source products in the NC. Pumper pointed out that although the Masons might lose some of the work, it ?would increase the Carpenters? role in thejob,? Pumper asked if DIMORA would have a problem with that, DIMORA said, ?No, Why do you think they?re going to b?ch about it?? Pumper replied that the Masons might ?hm?ch? but the Carpenters would ?love it? 109 DIMORA said Pumper?s challenge was to convince the general contractor to use Gr'eemSouree, DIMORA said the savings sounded good and said he would ?tell them to call the Carpenters.? Pumper said the Carpenters would be loving it. DIMORA said that the individual at the Carpenters was a ?bigger pain in the than the other guy [individual at the Masons? Union].? Pumper agreed, 00. On or about March 26, 2008, DIMORA told Pumper that he saw the County had given a tlti?ee~yea1' extension on the Parkview loan, Pumper thanked DIMORA who responded, ?Yeah, so that worked out good.? PP. On or about March 31, 2008 at approximately 3:44 pm, DIMORA told PE18, guess Steve Pumper wants a meeting with regarding Green-SourceSteve Pumper?s available tomorrow. I?m going to be at Delmonico?s..? QQ, On or about March 31, 2008 at approximately 5:15 pm, asked DIMORA what he was doing. DIMORA replied in ajoeular manner, ?Oh what the fmk, I?m doin? nothing, I?m trying to make calls, make a living, help my friends make more money than they already got? Later in the conversation, DIMORA told Pumper that DIMORA was trying to arrange a meeting for the next day at Delmonico?s restaurant with BE25. RR, On or about April 1, 2008 at approximately 9:00 am, BE25 and Pumper had a conversation about DIMORA asking BE25 to attend a meeting at Delmonieo?s restaurant regarding the JJC. Pamper said, ?We?ll and 1] guide you through a couple of things and then let you take it from there.? 110 SS. On or about April 1, 2008, Pumper, DIMORA and 813.25 met at Delrnonico?s restaurant to discuss 131325 using products for the MC. TT. On or about April 2, .2008, BEZS and Pumper had a conversation in which BEES said, ?Just to let you know, in follow up to yesterday, our team is writing the Spec for you guys [Green?Source] UU, On or about April .22, 2.008, DIMORA and Pumper had a conversation in which DIMORA stated that DIMORA had a ?nice talk with [McCafferty about the DAS case]? and would let Pumper know what was ?going on with that.? VV. On or about April 28, .2008, DIMORA and Pumper had a conversation in which DIMORA told Pumper that McCafferty's bailiff would be calling Pumper to discuss the ?submontractor? issue in the DAS case and to get the particulars to McCafferty's staff attorney ?to try to get the thing worked out for you.? DIMORA said he had told the bailiff that he thought ?the other issue is okay, but I said if it?s not, when he calls you, you can talk to him about that, too. . . . Let me know what?s shaking after you talk to him. Ifthere?s something more we need to do or] need to talk to somebody you know what I mean after you get the conversation and the opinion back.? WW. On or about April 28, .2008, McCafferty had a private telephone conversation with Pumper about the DAS case, in which Pumper and McCafferty discussed the status of the case and McCafferty agreed to schedule a settlement conference, XX. On or about May 2, 2008, McCafferty and Pumper had a private telephone conversation about the DAS case in which McCafferty said, referring to a settlement conference Ill she had held earlier in the day, know it?s more than you wanted to pay but I hope you can live with it,? Pumper replied, ?You know What, I mean we?re going to spend another 20,000, 30,000 getting this thing done anyhow,? McCafferty stated, was trying to get it out at 175 but ljust couldn?t get it done.? Pumper replied, ?Yeah, that?s okay, Listen, hey, you did a great job for me, so, um, appreciate that.? Later in the call, McCaff'erty stated that she would see Pumper soon, and Pumper replied, ?Next fund raiser.? YY. On or about May 28, 2008, five days after the FBI had confronted Pumper, DIMORA told BE29, ?[W]ould you tell [Pumper] to please have his company send over this invoice on this, . . DIMORA stated, sent a check in, just so there is enough money on account towards the uh project. You know I paid for, as I was telling you for the bigger addition but I just want to. . You know I don?t want to have nothing hanging out there that could come back to hurt him or nae, you know what I mean,? and that DIMORA thought it would be ?helpful if they saw money towards it.? 131329 indicated that he would relay the message to Pumper. All in violation of Title 18, United States Code, Section 371. The Grand Jury further charges: COUNT 21 (Bribery Concerning Programs Receiving Federal Funds, 18 666(a)(1)(B) and 2) 374, Paragraphs 1-the General Allegations are re~ alleged and incorporated by reference as if fully set forth herein, 375. The County was a government agency as that term is de?ned in Title 18, United States Code, Section 666(d)(2), that received benefits in excess of$10,000 during the year May 24, 2007 through May 23, 2008 under a Federal program involving a grant, contract, subsidy, 112 loan, guarantee, insurance and other form of Federal assistance. 376. Beginning on or about May 24, 2007 and continuing until on or about May 23, .2008, the exact dates being unknown to the Grand Jury, in the Northern District of? Ohio, Eastern Division and elsewhere, Defendant JAMES C. DIMORA did corruptly solicit, demand, accept and agree to accept for the benefit of any person things of value from Pumper, DAS, and DAS Development, acting with the intent to be in?uenced and rewarded in connection with any business, transaction and series of transactions of the County involving any thing of value of $5,000 or more; that is, among other things, the Parkview loan extension, the County?s purchase of the BE8 parking garage, the DAS case, and litigation in the Cnyahoga County Domestic Relations Court. All in violation of Title 18, United States Code, Sections and 2.. The Grand Jury further charges: (Bribery Concerning Programs Receiving Federal Funds,18 USC. 666(a)(1)(B) and 2) 377, Paragraphs lw3, 16, .28, 30, 47 and 74 of the General Allegations are re-alleged and incorporated by reference as it" fully set forth herein. 378. The operations of'Green?Sonrce affected interstate commerce, 379. The County was a government agency as that term is de?ned in Title 18, United States Code, Section that received bene?ts in excess of$10,000 during the calendar year .2008 under a Federal program involving a grant, contract, subsidy, loan, guarantee, insurance and other form of Federal assistance. 113 Beginning in or around January 2007 and continuing until on or about May 23, 2008, the exact dates being unknown to the Grand Jury, in the Northern District of Ohio, Eastern Division and elsewhere, Defendant JAMES C. DIMORA, aided and abetted by Defendant MICHAEL D, GABOR, did corruptly solicit, demand, accept and agree to accept for the benefit of any person things of value from Pumper and Green?Source, acting with the intent to be influenced and rewarded in connection with any business, transaction and series of transactions of the County involving any thing of value of $5,000 or more; that is, among other things, the use of Green-Source products in the project and other County-funded projects. All in violation ofTitle 18, United States Code, Sections 666(a)(1)(B) and 2, The Grand Jury further charges: (Hobbs Act, 13 use. 1951) 381. Paragraphs 1?6, 14~1 5, 28 and 74-75 of the General Allegations are re?alleged and incorporated by reference as if fully set forth herein. 382. From sometime in early 2004 and continuing through on or about July 28, 2008, the exact dates being unknown to the Grand uty, in the Northern District of Ohio, Eastern Division and elsewhere, Defendant JAMES C. DIMORA did knowingly obstruct, delay and affect and attempt to obstruct, delay and affect commerce and the movement of articles and commodities in commerce by extortion; that is DIMORA obtained property not due to him or his office, namely, cash, free and discounted remodeling work on his residence, meals, sports tickets and entertainment, from Steven Wayne Pumper, DAS, and DAS Development, with their 114 consent, under color of of?cial right, All in violation of Title 18, United States Code, Section 1951, The Grand Jury further charges: (Hobbs Act Conspiracy, 18 USC. 1951 and 2) 383. Paragraphs 1?3, 5-6, 16, 28, 30 and 7445 of the General Allegations are re? alleged and incorporated by reference as if fully set forth herein. 384, At all times material hereto, the operations of Green-Source affected interstate commerce, 385, From in or around late 2006 and continuing through on or about early May 2008, the exact dates being unknown to the Grand Jury, in the Northern District of Ohio, Eastern Division and elsewhere, Defendants JAMES C, DIMORA and MICHAEL D, GABOR, and others known and unknown to the Grand Jury, did knowingly and intentionally combine, conSpire, confederate and agree with each other to obstruct, delay and affect commerce and the movement of articles and commodities in commerce, by extortion; that is, DIMORA and GABOR solicited property for DIMORA not due to him or his office, namely, commissions, from Pumper and Green?Source, with their consent, tinder color of of?cial right, All in violation of Title 18, United States Code, Sections 1951 and 2. 115 The Grand ury further charges: COUNT 25 (False Statements to Law Enforcement, 18 USC. 1001) 386., Paragraphs 28?29, .31 and '74 of the General Allegations are re~alleged and incorporated by reference as iffully set forth herein. 387, Beginning in or around April, 2008, the FBI, part of the executive branch of the Government of the United States, and acting in a matter within its jurisdiction, was investigating James C. Diinora for soliciting and accepting things of value from Steven Pumper in return for Diniora using his of?cial position to influence litigation in Letter Perfect Group, Inc. v, DAS Construction Co. et al, Case No, (hereinafter case?), pending before Defendant Judge BRIDGET M. MCCAFFERTY, in violation of federal law, 388, Beginning in or around July 2008, the FBI, part of the executive branch of Government of the United States, and acting in a matter within its jurisdiction, was investigating Frank P. Russo and others for Russo soliciting and accepting things of value from another in return for Russo using his of?cial position to in?uence litigation in Anthony . Debaltzo v. Joseph N. Console, Case No, 8, pending before MCCAFFERTY, in violation of federal law, 389, On or about September 23, 2008, Special Agents of the FBI interviewed MCCAFFERTY in connection with the investigations described above. The Offense 390. On or about September 23, 2008, in the Northern District of Ohio, Eastern Division, Defendant BRIDGET M. knowingly and willfully made the following 116 material false statements in a matter within the jurisdiction of the executive branch of the Government of the United States: (1) MCCAFFERTY denied that Dimora attempted to intervene in any cases before her court; (2) when asked if MCCAFFERTY called Pumper after a settlement conference (concerning the DAS case) and told Pumper that she tried to settle the case for less money, MCCAFPERTY denied the conversation occurred; (3) MCCAFFERTY denied that Frank Russo ever spoke to her about any cases in her court; (4) MCCAFFERTY denied giving Frank Russo any special consideration with regard to any cases before her; (5) MCCAFFERTY indicated that her only conversations with Russo about her court would have been Russo or Dirnora?s remarks that they heard from attorneys that she was doing a good job as a judge; well knowing at the time that she made those statements to Special Agents of' the FBI that such statements were false. All in violation ofTitle 18, United States Code, Section 1001, The Grand my further charges: COUNT 26 (Conspiracy to Obstruct Justice, 18 USC, 1512, in violation of 18 USC, 371) 391. Paragraphs 1, 14, 23-24, 28-30, 34, 63, 68-70the General Allegations are re~alleged and incorporated by reference as if fully set forth herein, 39.2, From in or around December 2007 through the date of the ?ling of this Indictment, the FBI and IRS were investigating, among other things, whether individuals and private companies had provided things of value, including free and discounted home improvements, to DIMORA and other public of?cials in return For their promise to perform of?cial acts, In the course of that investigation, federal grand jury subpoenas from the Northern 117 District of Ohio were issued. 393. On or about May 23, 2008, in one of the ?rst overt steps in the investigation described above, FBI agents interviewed Steven Pumper about Pumper bribing PE37 and sought Pumper?s cooperation in an investigation of municipal public corruption. Although the interviewing agents did not mention the County or any County of?cial, Pumper volunteered, ?i know you guys are thinking and Russo and them.? 394. On or about the morning of'May 26, 2008, Attorney .5, then representing Pumper, learned that a grand jury subpoena would be forthcoming requiring DAS and Pumper to produce documents. 395. On or about May 29, 2008, and in furtherance of the investigation described above, the United States served a grand jury subpoena on DAS requiring production of?all documents reflecting any financial relationship between DAS Construction and any public of?cial? and also served a grand jury subpoena on Pumper requiring production of ?all documents re?ecting any financial relationship between DAS and any public official.? THE CONSPIRACY 396. Beginning on or about May 23, 2008, and continuing until on or about June 20, 2010, in the Northern District of Ohio, Eastern Division and elsewhere, Defendants AMBS C. DIMORA, MICHAEL D. GABOR, and ROBERT W. RYBAK, and Steven Wayne Pumper (not charged herein), John Kevin Kelley (not charged herein), Nicholas Zavarella (not charged herein), and others known and unknown to the Grand Jury, did knowingly and intentionally conspire, combine, confederate and agree together and with each other and with other persons known and unknown to the Grand Jury, to commit an 118 offense against the United States, namely, to violate Title 18, United States Code, Section OBJECT OF THE CONSPIRACY 397, It was the object of the conspiracy that DIMORA, RYBAK, GABOR, Kelley, Pumper, Zavarella and others known and unknown to the Grand Jury, concealed, attempted to conceal and encouraged others to conceal from law enforcement and the Grand Jury the fact that DIMORA had solicited and accepted bribes, kickbacks and gratuities. MANNER AND MEANS It was part of the conspiracy that: 398, In order to make it appear that the work performed on house was not free and discounted, and did not constitute bribes or gratuities, DIMORA, Pumper, Zavarella and others created and caused to be created documents related to work performed at residence. .399. During the course of the conspiracy and continuing through on or about June 20, 2010, DIMORA caused to be sent a series of checks drawn on Lori and JAMES personal checking account made payable to DAS, ZBC and others who performed work at residence 400, DIMORA, GABOR, RYBAK, Pumper and others in?uenced and attempted to influence statements of witnesses about the work performed at residence and other things ofvalue provided to DIMORA. 401. DIMORA and Pumper communicated through intermediaries, including GABOR. OVERT ACTS 402, In 'l?urtherance of the conspiracy, and to effect the object thereof, DIMORA, GABOR, RYBAK, Pumper, Zavarella, Kelley and others committed the following overt acts in the Northern 119 District of Ohio and elsewhere: A, On or about May 23, 2008, Pumper and BE29 agreed that BE29 would notify DIMORA and others that Pumper had been confronted on that date by FBI agents investigating Pumper?s bribery ofPE37. B. On or about May 23, 2008, DIMORA caused to be issued a check drawn on Lori and JAMES personal checking account made payable to DAS in the amount of$600. C. On or about May 23, 2008, DIMORA caused to be issued a check drawn on Lori and JAMES personal checking account made payable to ZBC for $500, D, On or about May 23, 2008, DIMORA caused to be issued a check drawn on Lori and JAMES personal checking account made payable to Salva Stone Design for $250. E. On or about May 24, 2008 at approximately 11:38 21,111,, DIMORA told Russo he was en route to Your?s Truly restaurant and said that if?BE29 arrived, Russo should pull him aside for a minute, Russo responded, know. The mother told me yesterday.? DIMORA instructed Russo not to talk on the phone. P, On or about May 24, 2008 at approximately 12:48 pm, DIMORA and GABOR discussed meeting the following afternoon. G. On or about May 25, 2008, Pumper created a Construction Agreement purporting to reflect a verbal agreement of October 10, 2005 between DIMORA and DAS for work DAS performed at the DIMORA residence, and arranged to have the Construction Agreement delivered to DIMORA through GABOR. 120 11. On or about May 26, 2008 at approximately 5:13 pm, called Kelley to give him a ?heads up on something coming up maybe this week.? 1. On or about May 26, 2008 at approximately 8:40 pm, Kelley told RYBAK that he needed to see him. RYBAK told Kelley to come over to house. .1. On or about May 27, .2008, GABOR asked DIMORA, ?Is everything okay?? DIMORA replied, ?So far, we?ll see what happens this week.? GABOR informed DIMORA that he was going to see RYBAK. DIMORA said that it was okay for GABOR to meet with RYBAK. DIMORA added, ?The other guy [Kleein] we talked about maybe you should stop and see.? GABOR replied, ?Get it done with?? DIMORA agreed. GABOR asked, ?Just tell him the story right?? DIMORA replied, ?Yeah . .. not to broadcast it,? and Gabor said, ?Right for his own good.? K. On or about May .28, 2008 at approximately 7:41 am, 131329 told DIMORA he was with Puinper, B1329 informed DIMORA that Attorney 5 wanted DIMORA to call him [Attorney DIMORA asked, ?Attorney 131329 replied, ?Yeah, nothing serious. He just wants to let you know a couple things? 81329 gave Attorney 5?s telephone number to DIMORA and told DIMORA that Attorney 5 ?talked to the US. Attorney yesterday? and there was no ?real problem, they?re [the just digging.? DIMORA responded, ?Well, yeah, we knew they they?re always .. . . aren?t they always?? BE29 replied, ?He just wants to let you know what?s up.? L, On or about May 28, 2008 at approximately 7:42 am, DIMORA called Attorney 5 and while the phone was ringing, DIMORA spoke with someone in the background, saying, ?Well I?m not going to say nothing.? Attorney 5 then answered the phone and told DIMORA that he would like 15 minutes time and specified, ?It?s kind of important.? Attorney 5 told DIMORA, ?The 121 sooner the better,? and agreed to meet DIMORA at residence later that morning. M. On or about May 28, 2008 at approximately 7:45 pm, DIMORA told 81329, ?[W]ould you tell [Pumper] to please have his company send over this invoice on this. . . DIMORA stated, sent a check in, just so there is enough money on account towards the uh project. You know I paid for, as I was telling you for the bigger addition but I just want to. . . . You know I don?t want to have nothing hanging out there that could come back to had him or me, you know what I mean.? DIMORA stated further that he thought it would be ?helpful if they saw money towards it.? BE29 indicated that he would relay the message to Pumper. N. On or about May 28, 2008 at approximately 1 1:46 am, Kleem thanked DIMORA for the ?message.? DIMORA indicated everything was alright so far but he was ?always waiting for the other shoe to fall or drop.? Kleem replied, ?Well there is no other shoe to drop. I think everything is going to be good.? At the conclusion of the conversation, Kleem and DIMORA agreed to meet at a later date. Kleem told DIMORA, ?Don?t worry too much.? 0. On or about May 28, 2008 at approximately 11:54 am, DIMORA called Zavat-ella. P. On or about May 28, 2008 at approximately 12:12 pm, RYBAK told DIMORA that he had spoken to GABOR earlier that day. RYBAK said he did not want to discuss it on the telephone, but wanted to speak to DIMORA in person. DIMORA said, ?No, I know,? Q. On or about May 28, 2008 at approximately 7:22 pm, GABOR told Kelley that he was socializing with a friend Kelley handed the phone to DIMORA, who said to GABOR that he thought GABOR was meeting with someone else and wanted an update. GABOR replied, ?Exact same 122 thing.? DIMORA asked, ?What does he think about me?? GABOR replied, ?Zero,? DIMORA said, ?Oh, he thinks it?s something else?? GABOR replied, ?No, he thinks that they were just trying to push him against a wall and he said, ?ka you,? said that [Attorney 5] came and that DIMORA did not want to speak on the phone. GABOR agreed to talked to DIMORA later, R, On or about May 28, 2008 at approximately 9:45 pm, DIMORA, RYBAK and Kelley met in a post of?ce parking lot and discussed concern about law enforcement discovering that Local 55 and JATC resources had been used for DIMORA home improvements, S. On or about May 28, .2008 at approximately 9:55 pan, RYBAK and Kelley told each other in ajocular manner, ?To the best of my recollection. i. don?t recall,? RYBAK said, ?Hey listen, on a serious note, ask him on those ?xtures the toilet fixtures, and all that stuff. where?s he gonna say that came from, because I think that came from the Mister Bill [Neiheiser], So [unintelligible] be careful with that,? Kelley replied, ?No, he?s gonna . tell the truth that?s all that matters, When something?s tip, ?x it, That?s it.? RYBAK agreed, Kelley said if you ?start lying, you get in trouble.? T, On or about May 30, 2008, Nicholas Zavarella caused to be sent an invoice from ZBC to DIMORA in the amount of $6,687 for masonry, labor and material completed as of March 31 2008, U, On or about May 30, 2008 at approximately 6:24 pm, DIMORA asked Attorney 5 whether a certain person who had recently called DIMORA was with the FBI, Attorney 5 told DIMORA that the name did not match either of the two business cards the FBI had given to Pumper, but Attorney 5 agreed to check for DIMORA since Attorney 5 did not have the business cards with him and he could not 123 recall with certainty the name of one of the Agents. During the conversation, Attorney .5 told DIMORA, ?No, nothing directed towards your direction.? DIMORA responded, ?Oh, okay, tine.? Attorney 5 continued, ?So that?s good. I?m not saying it can?t change but. . . DIMORA said, ?Yeah. Right.? Attorney 5 added, ?The initial one, nothing your way, nothing involving you.? DIMORA said, oh, so what should we still try to uh get this thing resolved or sit on it?? Attorney 5 replied, ?Yeah, let?s give it some thought. I think, you know, something should be done. I think he [Pumper] should finish up over there as he [Pumper] planned.? DIMORA said, mean there is a couple little things that need to be completed, you know, I mean the other thing it too - . .. I mean the money can be applied for materials. We know there?s materials, you know what I?m saying.? Attorney 5 replied, ?Right,? DIMORA then asked, ?Okay, nothing with the County either [Attorney Attorney 5 responded, ?No, nothing directed that way strictly directed towards my client [Pumper]? At the conclusion of the conversation, Attorney 5 agreed to call if he found out the person DIMORA inquired about was an FBI V. On or about June 3, 2008, Pumper caused to be sent an invoice from DAS to DIMORA dated May 30, 2008.. W, On or about June 30, 2008, DIMORA caused to be issued a check drawn on Lori and JAMES personal checking account made payable to DAS for $600. All in violation of?Title 18, United States Code, Section 371, The Grand Jury further charges: COUNT 27 (Destruction, Alteration, or Falsi?cation of Records in Federal Investigations, 18 USC. 1519 2) 403. Paragraphs 28, 74 and 78 of the General Allegations are re-alleged and incorporated by reference as iff?ully set forth herein. 124 The Obstruction 404. From on or about May 23, 2008 to on or about January .22, 2010, in the Northern District of Ohio, Eastern Division, Defendant JAMES C, DIMORA, and Nicholas Zavarella (not charged herein), Steven Wayne Pumper (not charged herein) and others known and unknown to the Grand Jury, did knowingly alter, conceal, cover up, falsify and make a false entry in any record, document and tangible object with the intent to impede, obstruct, and in?uence the investigation and preper administration of any matter within the jurisdiction of any department and agency of the United States, and in relation to and in contemplation of any such matter, All in violation of Title 18, United States Code, Sections 1519 and 2, The Grand Jury ?rrther charges: COUNT 28 (Hobbs Act Conspiracy, 18 USC. 1951) 405. Paragraphs 1?3, 5?6, 8, 18~20, 28?29, 34, 41, 52, 57-59, 70 and 85?86 of the General Allegations are re-alleged and incorporated by reference as if fully set forth herein, 406. Beginning in or around 2007 and continuing until on or about May 29, 2008, the exact dates being unknown to the Grand Jury, in the Northern District of Ohio, Eastern Division and elsewhere, DefendantsJAMES C. DIMORA and ROBERT W, RYBAK, and John Kevin Kelley (not charged herein), P09 (not charged herein), and others known and unknown to the Grand Jury, did knowingly and intentionally combine, conspire, confederate and agree with each other to obstruct, delay and affect commerce and the movement of articles and commodities in commerce by extortion; that is, DIMORA and P09 obtained property not due to them or their of?ces, from RYBAK, Local 55 and the JATC, with their consent, under color of'of?cial right, 125 OBJECTS OF THE CONSPIRACY 407., It was an object of the conspiracy that RYBAK, Local 55 and the JATC provided DIMORA and P09 with things of value in return for DIMORA and P09 using their County positions to benefit RYBAK and others designated by RYBAK, in connection with County personnel issues, both as requested and as future opportunities arose. The things of value included free and discounted home improvements, meals and entertainment, political donations, and organizing a political fundraiser. 408. It was a further object of the conspiracy that DIMORA and RYBAK concealed and attempted to conceal the bribes described in this Count of the Indictment from law enforcement and the public. MANNER AND MEANS It was part of the conspiracy that: 409.. At times, Kelley served as an intermediary among and between RYBAK, DIMORA and P09. 410. On or about February 9, 2008 at approximately 12:56 pm? Kelley and RYBAK discussed obtaining a promotion for PE21 which would result in a pay raise. During the conversation, Kelley commented how ?naive? PE21 was to think she could obtain the job on her own. RYBAK agreed. Kelley also instructed RYBAK to use his ?resource? to get PE21 the job, RYBAK indicated he told PE 21, can get every one of those three Commissioners to vote you a raise, She goes, ?Yeah right.? I said, ?How much you want to bet? I?m telling ya I could talk to DIMORA or or the other one faster than JIMMY would do it for mef? Kelley agreed, RYBAK then added, ?Maybe he?s concerned that we?re friends and people are tied in that way. But then again look at Frank [Russo] with 126 all his friends.? Kelley responded, ?And well, why is Frank [Russo] as strong as he is? He takes care of his friends,? RYBAK said, ?Well maybe JIMMY has to learn that," 41 1. On or about February 9, 2008 at approximately 5:09 pm, RYBAK told Kelley how ked? he was because he and left the bar, RYBAK again discussed his bar bill, RYBAK said, ?Mine was $160 plus tip. Then we got [another person] drinking. We picked up the drinks afterwards, Guess how much those were.? Kelley asked, ?How much?? RYBAK replied, ?Another $100, We spent 300 fwkin? dollars there today,? RYBAK then commented Kelley ?laid it on too heavy? when Kelley was talking to DIMORA about the raise for PEZL Kelley replied, got JIMMY right where you want him,? Kelley then added, said, you know you got to take care of this, I want, you know, get her ten grand, just, you know and it will help the whole situation. RYBAK asked what DIMORA said about the raise. Kelley reSponded, ?l-Ie says he?s gonna look at it, He?ll figure it out on Monday, what?s going on.? RYBAK replied, ?You got to stay on him now, that?s all, okay,? Kelley confirmed he understood. RYBAK then said, ?Yeah that five grand, Get her ten that?s for sure,? 412. On or about February 11, 2008, Kelley and RYBAK discussed obtaining County jobs for Local 55 employees, RYBAK explained to Kelley how there used to be a union worker employed at the Engineer?s Of?ce, but the worker was ?red, RYBAK said it would benefit him (RYBAK) to ?get a guy in there,? Kelley replied, ?Absolutely, let me see what 1 can do.? RYBAK then assured Kelley the union worker hired would be a ?political asset" for the Engineer?s Office. 413, On or about February 20, 2008, had a conversation with P1323, who informed DIMORA that P1321 did not want to move her office to a different building which was a requirement with 127 the promotion, so boss was going to give PE21 other responsibilities which would result in a comparable pay raise, PE23 then suggested this would make PE21 ?happier.? DIMORA replied, ?If she?s happy, that?s fine.? 414. On or about February 22, 2008, Kelley and RYBAK discussed coordinating a fundraiser for P09. Kelley continued he spoke to P09, who already put the fundraiser on his calendar. 41.5, On or about March 10, 2008, DIMORA asked PE23 if he received the message regarding P1321. PEZB replied, ?Yeah, I took care of it,? 416. On or about March 12, 2008, RYBAK and DIMORA discussed the County hiring Plumber 1 to replace another plumber who led the County. RYBAK inquired if the Commissioners had to approve the hiring of Plumber 1. RYBAK then offered to speak to the other Commissioners in order to keep DIMORA ?out of it,? DIMORA confirmed that the hiring needed to be passed at a Board of Commissioners meeting, DIMORA then instructed RYBAK to write a letter to the three Commissioners and fax it to DIMORA that evening so he could discuss the hiring with the other Commissioners in the morning, DIMORA said he would initiate the conversation with the other Commissioners and he would say, ?Let?s help RYBAK out and get the guy [Plumber 1] on.? At the conclusion of the conversation, RYBAK and DIMORA discussed their upcoming trip to Las Vegas. 417, On or about March 13, 2008, DIMORA called PE23 with request to have a worker from the plumbers? union hired at the County, PE23 told DIMORA, ?I?ll take care of it,? DIMORA then encouraged P1323 to lean on a certain County employee to make it 418, On or about March 13, 2008, DIMORA asked RYBAK, ?How many times am I gonna do you a f?ing favor?? RYBAK responded that he already installed the ice machine, RYBAK then asked 128 621 ?usual sqmouz sum ?(3ng ?uppg. moqv? ?pagdag ?jaw?5 lemon: 112;} 110K ?Kzapm, um?u no& 9112:) 3100.1 ?pges WQIAHG 9111 ?ugmq *?Suguma snogAaId mp, sxanggo Iattognemsmg uogun 31p, {39.112911 WOWIG pure .IOCIED moq moqe psugmdmoo pm; mqag pm; WOWIG o1 axods ?02 qomw moqe 10 no "1217 ?ziezudg 110K mama? ?papuodsal ?'Aqnq Jeaqw?m, ?ugo? {[12 am am? ?pagldai WOWIQ ?mu gum flugo? sumo/i ??Amp 03 .mqmamaun 13101 ?8002? ?10511? H0 "0317 ??9qu 1! 193,, plnom 9L1 WOWIG amp, EZEICE (In?mono; plnom sq WOWIG p101 pun asAoIdms Munog Jaqwue 01 132mm; 91p, peu?gsse sq Munoz) am, {pm szods Hogan mp, moq?e palgnbu; Hall}, pm; Sill mom? P101 WOWIG c8002' ?17! 113mm 1110519 10 "611? mp, 11; passnosgp ?13110prch qogqm swamp; [gums] unq 122111 13?} ?gm/C mou sci/(mu ?13310 new p005)? me} {13:41 wag/u} Kaunog mag paAgaom uogun my} 980m 03 .1131;m;s ?mods? ?uwaom uogun ?smqumId passnosgp uaq} WOWIG pure ?43me .11 191:) 111 311mm WOWIQ pun ?sun 50 9.1123 angel? ?aa?oldms Ammog Jammie p101 112m pm WOWIQ "311mm! ?mnog mass} 19. anoqtz pmmbug Liam 51w}; AH ?psq?mal Limp, pm; (gno? 10} .11 ?xed 311: pm; Xena} ?10ch 131 nano? ?11129)?, ?pagdm ?"umop mam 9L1 Kim 3313? ?szd on {(Bd mmo? Luge mm WOWIG ?atazudg jommog mm {mop 0?8? 01 WOWIG 11mm 101: pp 1m}; panda: ?:13me gamma 110K ?Ks gums mm (in ?paudal ?mung was [210 0.1 3311912331 :3 9pm: pm; ??paau 110K Op? 931:) 113le 422, On or about March 21, 2008, RYBAK sent a letter to the County Commissioners recommending Plumber 1 and Plumber 2 to fill two journeyman plumber positions with the County, 423. On or about March 27, 2008, DIMORA and P09 both voted in favor of appointing Plumber 1 and Plumber 2 as full~time temporary plumbers with the County. 424,. On or about April 4, 2008, DIMORA invited Kelley to a social gathering that evening and explained that RYBAK was paying, DIMORA then encouraged Kelley to ?let those other guys . . know.? 425. On or about April 15, 2008 at approximately 3:49 pm, DIMORA complained to Kelley that PE21 wanted more money. DIMORA then explained how PE21 applied for ajob but did not receive it because the County hired someone from the outside and how they (RYBAK and PE21) are now trying to ?gure out how to block. it and put PE21 in there, DIMORA then said, ?They need another Commissioner.? Kelley suggested RYBAK call P09 since he was holding a fundraiser for P09, 426, On or about April 15, 2008 at approximately 4:12 DIMORA spoke to P1321, who told DIMORA that she had applied for a position within the County but another candidate was hired, PE21 was upset about not being selected and about the salary for the new hire, PE21 con?rmed for DIMORA that her raise was on the Commissioners? Agenda for Thursday (04/ 17/2008). PE21 informed DIMORA of the salary she wanted and they discussed a way to make that happen, DIMORA suggested that RYBAK contact P09, since they would need a ?second Commissioner? to approve the salary increase, DIMORA also offered to have the matter pulled from the Commissioners? Agenda until an agreement was made on the amount of PE2l?s raise, 130 427.. On or about April 15, 2008 at approximately 4:31 pm, DIMORA told RYBAK, ?You better deliver,? and made a reference to a woman RYBAK offered to provide to DIMORA, RYBAK told DIMORA not to help P1321 if it was going to create problems for DIMORA, DIMORA then inquired what he would receive from RYBAK RYBAK replied, always take care ofyou . i . DIMORA then told RYBAK, ?We need to get another Commissioner either way to do this,? DIMORA indicated both he and believed P09 was the ?one to go alter, ?cause he?s on the book. here with his election time.? RYBAK then suggested he could also approach P010 about raise because RYBAK knew someone who was close with 13010, DIMORA then recommended RYBAK go to P09 ?rst and then use P010 as a ?fall baclc? DIMORA told RYBAK to inform 1309 that he (DIMORA) was ?on board? with PE2l?s raise. 428. On or about April 15, 2008, Kelley spoke to P09 about PE21's raise, Kelley informed P09 that RYBAK was Speaking to 13010 about raise because RYBAK was uncomfortable talking to P09 about PE21's raise since RYBAK was involved in 1309?s fundraiser P09 then stated that PE21 would have his vote if she could wait until after the election in November, 429, On or about April 15, 2008, Kelley informed RYBAK about his conversation with P09, According to Kelley, P09 was willing to give P1321 a raise was ?on board? and if they waited until after the election, RYBAK expressed frustration about the delay. Kelley indicated that P09 wanted to delay raise because RYBAK was participating in a fundraiser for P09 and seeking a raise for P1321 at the same 430, On or about April 15, 2008, RYBAK informed DIMORA that P09 wanted to delay raise until after the election because RYBAK was hosting a fundraiser for P09, DIMORA suggested 131 RYBAK go through P010. 431. On or about April 17, 2008, RYBAK told DIMORA he had Spoken to PE2I the previous evening and she had told RYBAK to tell DIMORA to do what made him comfortable and not to do anything that made DIMORA uncomfortable. DIMORA then discussed different options for raise and inquired whether wanted to increase the smaller raise now. RYBAK told DIMORA to let ?[1309] lead the charge because according to Kelley they have an agreement with 432. On or about April 17, 2008, DIMORA told Kelley he hated not to do something for PE21 because RYBAK would complain. Kelley assured DIMORA, ?Without you they don?t have nothing.? 433.. On or about April 17, 2008, DIMORA called his office and asked 1 to pull P1321 from the Commissioners? Agenda. 434. On or about April 30, 2008, DIMORA and a landscaper discussed some plumbing work that needed to be done at house. DIMORA inquired whether RYBAK needed to be present when the plumber did the work. The landscaper indicated RYBAK did not need to be there and informed DIMORA he would come to house later that day to start on the work. DIMORA and RYBAK had a subsequent conversation in which they discussed the work being done at house. 435. On or about May 12, 2008, RYBAK and DIMORA spoke about the ice machine RYBAK delivered to house the previous day. RYBAK asked DIMORA if he would hire PE22. 436. On or about May 12, 2008, DIMORA and Kelley discussed PE22's summer job. DIMORA was concerned PE21 would draw too much attention to PE22's job. DIMORA then explained to PEll that PE22 wanted to start then rather than waiting until June 1. Kelley complained how dif?cult 132 it was for him to move start date up to June 1 because it was two weeks before the summer hiring program started. DIMORA then suggested he would tell 1 that if Kelley could not move up the starting date, DIMORA would instruct P131 1 to hire P1322, because DIMORA ?cannot say no.? 437, On or about May 18, 2008, DIMORA left a voicemail message for RYBAK thanking him for performing plumbing work at house the previous day, DIMORA then said the ice maker was not working and requested RYBAK come to house to fix it. All in violation of Title 18, United States Code, Section 1951. The Grand Jury further charges: COUNT 29 (Embezzlement or Theft from Labor Unions, 29 501(c)) 438, Paragraphs 18 and 70 of the General Allegations are re?alleged and incorporated by reference as if fully set forth herein 439. From in or around 2006, through on or about July 16, .2008, in the Northern District of Ohio, Eastern Division, Defendant ROBERT W, RYBAK, while an of?cer, that is, Business Manager, of Local 55, did embezzle, steal and unlawfully and willfully abstract and convert another the moneys, funds, and assets of said labor organization, namely, (1) used Local 55 assets to perform work on property; (2) used Local 55 assets to perform work on the property of friends; (3) used Local 55 assets to entertain RYBAK and his friends; and (4) used Local 55 assets to make a political contribution that benefitted relative, In violation of Title 29, United States Code, Section 501(c), 133 The Grand my further charges: COUNT 3O . (Embezzlement or Theft from Employee Bene?t Funds, 18 664) 440. Paragraphs 19?20 and 70 of the General Allegations are re?alleged and incorporated by reference as if fully set forth herein. 441. From in or around 2006, through in or around 2007, in the Northern District of Ohio, Eastern Division, Defendant ROBERT W. RYBAK, did embezzle, steal, and unlawfully and willfully abstract and convert another, moneys, funds, property, and other assets of the JATC, an employee welfare benefit plan subject to Title I of ERISA and ofa fund connected with such plan, namely, (1) used JATC assets to perform work on property; and (2) used JATC assets to perform work on the property of friends. In violation of Title 18, United States Code, Section 664. The Grand Jury further charges: COUNT 31 (Tampering with a Witness, 18 1512(b)(1)(2) 85(3)) 442. Paragraphs 28, ?70 and 82 of the General Allegations are re-alleged and incorporated by reference as if fully set forth herein. 443. On or about January 15, 2009, Special Agents from the FBI and the United States Department of Labor, Office of Inspector General, visited RYBAK at the Plumbers Local 55 union hall. At the beginning of the meeting, the agents told RYBAK that he was a target ofa federal investigation. RYBAK told the agents that he was aware of the investigation ofDimora and Russo. 134 The Obstruction 444, Beginning on or about January 15, 2009 and continuing until on or about June 8, 2009, the exact dates unknown to the Grand Jury, in the Northern District of Ohio, Eastern Division, Defendant ROBERT W. RYBAK did knowingly and corruptly persuade another person and attempt to do so and engage in misleading conduct toward another person with the intent to (1.) in?uence, delay and prevent the testimony of any person in an official proceeding; and (2) cause and induce any person to withhold testimony from an official proceeding; and (3) hinder, delay and prevent the communication to a law enforcement of?cer of? the United States of information relating to the commission and possible commission of a Federal offense. It was part of the obstruction that: 445, When B1324 showed RYBAK an FBI business card, RYBAK escorted 81324 outside the union office, RYBAK told 131324 that if questioned about work performed for public of?cials, ?All you can tell them, 131324, is .. . . everything you ever did he always said make sure you did it on your own time.? 446. RYBAK told B1324, ?If he asks you about Dimora, just say I helped him . he after work one day . . you know a couple times after work I took time off. .just say . 1 they might have you . . you know they might of spotted you there with me .. alter .. . .. you know during working hours . . 1 one o?clock . twelve o?clock . . say, ?Oh no, I took days oft? . you know . . . before you went over there. That?s all 1 can tell you,? 447, With respect to RYBAK using union supplies for non-union purposes, RYBAK told 131324 to tell the FBI, ?Anything he borrowed, anything he ever did, he?s always, you know he buys supplies and 135 he says what?s that, youjust say he borrows supplies, he borrowed this or he borrowed that,? 448, RYBAK knew that BE24, at direction, had performed non~union work during union hours. All in violation of Title 18 United States Code, Sections 1512(b)(1)(2) (3), FORFEITURE Forfeiture Under 18 981(a)(l)(C) and 28 USC. 2461(c) 449. The allegations of Counts 1 through 10, Counts 12 through 24, Count 26, and Counts 28 through 31 are hereby realleged and incorporated herein by reference for the purpose of?alleging forfeiture pursuant to 18 USC. 981(a) and 28 USC. 24610:), As a result of the foregoing offenses, defendants JAMES C, DIMORA, ROBERT W. RYBAK, JERRY SKUHROVEC, MICHAEL D, GABOR and WILLIAM N. NEIHEISER shall forfeit to the United States all property, real and personal, which constitutes, or is derived from, proceeds traceable to the commission of Counts 1 through 10, Counts 12 through 24, Count 26, and Counts 28 through 31; including, but not limited to: a) 7254 Forestwood Drive, Independence, Cuyahoga County, Ohio (Permanent Parcel Number 563-11038); more particularly: the value of the free and discounted improvements provided to defendant JAMES C. DIMORA at the property. bi) Ohio State jersey in a 38? 30" frame with 13. Wells and #28 inscribed thereon. Kitchenaid Ice Maker, Model 8PNLSI 1, Serial Number ET4701483. d) MONEY JUDGMENT: defendant JAMES DIMORA shall forfeit property, including, but not limited to, a sum of money equal to the proceeds ofCounts 1 through 10, Counts 12 through 24, and Counts 26 and 28.. Defendant JAMES C. DIMORA is jointly and severally liable for this forfeiture obligation. MONEY JUDGMENT: defendant ROBERT W. RYBAK shall forfeit property, including, but not limited to, a sum of money equal to the proceeds of Count 26, and Counts 28 through 31 . Defendant ROBERT W, RYBAK isjointly and severally liable for this forfeiture obligation. fl) MONEY JUDGMENT: defendant JERRY SKUHROVEC shall forfeit property, including, but not limited to, a sum of money equal to the proceeds of Count 9, Defendant JERRY .l SKUI-IROVEC is jointly and severally liable for this forfeiture obligation. MONEY JUDGMENT: defendant MICHAEL D, GABOR shall forfeit property, including, but not limited to, a sum of money equal to the proceeds of Counts 20, 22, 24, and 26. Defendant MICHAEL D, GABOR isliointly and severally liable for this forfeiture obligation, MONEY JUDGMENT: defendant WILLIAM N, NEIHEISER shall forfeit property, including, but not limited to, a sum of money equal to the proceeds of Counts 17 through 19. Defendant WILLIAM N, NEIHEISER isjointly and severally liable for this forfeiture obligation. SUBSTITUTE PROPERTY 450. In the event that any property subject to forfeiture under 18 USC. 981(a)( C) and .28 2461(0), as a result of any act or omission ofdefendant(s): 21..) cannot be located upon exercise of due diligence; has been transferred or sold to, or deposited with a third party; c) has been placed beyond the jurisdiction of this Court; has been substantially diminished in value; or, 137 has been commingled with other property which cannot be divided without dif?culty, it is the intent of the United States, pursuant to 21 U.S.C. 853(1)), as incorporated by 28 2461(0), to seek forfeiture of any other property of the defendan?s), up to an amount equivalent to the value of the property forfeitable under 18 USC. 981(a)(1)(C) and 28 2461(c). A TRUE BILL Original document -- Signatures on ?le with the Clerk ofCourts, pursuant to the E?Govermnent Act of 2002, 138 United States v. James C. Dimora. et A TRUE BILL FOREPERSON Eric H, Holder, Jr. Attorney General of the United States Barbara McQuade United States Attorney Eastern District of Michigan By: Bernard A Smith Assistant US. Attorney 139