Cuyahoga County Court of Common Pleas Criminal Court Division State Of OlliO, A Title Bill l-?or t?taintit?t? 'l?ciecontmunications Fratid - Fl VS. litnily Mcheley Douglas M. Kenneth V. Mills, Defendants 28 Additional Connt(s) Dates of Offense (on or about) $386116?? Case Number 7 03/l6/20l6 to 07/27/20 8 Octobcrol?20l8 63646l?l9-CR The State of Ohio, SS. (.?uyahoga County Count 1 'l?elecommunieations Fraud Ft Defendants Emily Date of Offense On or about September 19, 2016 'l'ltc Jurors oft/to (franc/Jury oft/ta Slate wit/tin and/or the body oft/w (yo/exam, on their out/is. IN AND BY (lo/indum/pwsent. that the above named Delemluntfs). on or about the (late oft/to elf/Luise .s'elfort/z ohm-c. in the (3/1 Hiya/toga, tin/(Inj/i/l/y having devised a scheme to defraud, did knowingly disseminate, transmit, or caused to disseminated or transmitted by means ol? wire, radio, satellite, telecommunication, telecommunications device, or telecommunication services any writing, data, sign, signal, picture, sound, image with purpose to execute or otherwise further the scheme to defraud. and the value oi?the benel?it obtained by the offender or oi?the detriment to the victim ol?the fraud is one million dollars or more. The o?bnsc is contrary to the/own oft/1c statute in sue/t case mac/e ont/prort'decl. and against the peace and dignity oft/re State of Ohio. I LEWD JAN 18 2019 Clerk of Courts Cuyahoga County, Ohio Prosecuting Attorney a . . Chewy? ?(Thag?? -L 'Foiep'er?soneftne Grand Jury Page 1 of, 11 Cuyahoga County Court of Common Pleas A True Bill indictment Count 2 Tampering with Records i ?83 ?29l 1 Defendants [Emily McNeetey Date of Offense On or about September 19, 2016 the on their (mt/ts, that the tin/(rir/ir/h' did, knm-ving she had no privilege to do so, and with purpose to defraud or knowing she was facilitating a fraud on Cuyahoga County,'falsify, destroy, remove, conceal, alter, deface, or mutilate any writing, computer software, data, or record, to wit: September 19, 2016 Cuyahoga County Budget and Finance Committee I-Iearing Recording, and the writing, data, computer software, or record was kept by or belonged to a local, state, or federal governmental entity. The (gt/emu is contra/3' tr) the/om) oft/re statute in such case mac/c (rm/provided, unclaguinst the peace um! dignity oft/re State of Ohio. Count 3 Falsification Mt Defendants Emily McNeeley Date of Offense On or about September 19, 2016 the gram/jurors, on their that the unfair/idly did knowingly make a false statement, or knowingly swear or affirm the truth of a false statement previously made, when the statement was made in any official proceeding. The ri?e/Lye is contrary to the/Orin oft/re statute in such case made and provided, and against the peace and dignity oft/re State of Ohio. Falsitication Mt Defendants Emily McNeeley Date ot?Offense On or about September 19,2016 Count4 The grain/jitters. on their oaths,jitrtherjim/ that the [Eleni/(mints) un/tan/irlh' did knowingly make a false statement, or knowingly swear or affirm the truth of a false statement previously made, when the statement was made with purpose to mislead a public official in performing the public oflicial's official function. The ri?e/Isa is contrary to the/brill oft/1e statute in such case Hitlt/L? amt/H'm'ith'ri, and against the move and dignity oft/re State of 7, Pro's?ituttng meme-,1 - Li) (/2341; ViezlmJ??y/?f? Forep'ersen of the "Grand Jury Page 2 of 11 Cuyahoga County Court of Common Pleas A True Bill Indictment 1 Count 5 Having All Unlawful interest in A Public (.?oniract lt?cl Defendants l-Flmily McNeeley Date of Offense On or about Mench l6, 20i6 to ebz 22. 2018 [he wand/117018 (HI mill-LII - -- did while being a public knowingly autln?n'lzc or employ the tuithority or inlluence other ol?llce to secure authorization ol? any public contract in which she, a member ol? her family, or any 01? her business associates had an interest. The is I0 oft/Id A?Ht'ii case mar/c provided. peace and 11/1/11! Sum Ohio. Count 6 [laying An Unlawful lnteiest In A Public Contract .1 11/11 Defendants 13111in McNeeley Date of offense, On or about March 16, 20 6 to February 22, 20l8 ?we minim [iil'liicl did while being a public otllcial knowingly have an interest in the prolits or bcnelits ol?a public contract entered into by or for the use ol?thc political subdivision or governmental agency or insu'umentality with which she was connected. The offense is II) oft/1c sue/I case made (in! peace and dignity (If/ire 13/. Ohio. Count 7 l?ublle anti-.1111 or employee? 8 unlawful influence lVli Defendants 13111in MeNeeley Date of offense 011 or about March 16,20i6 to ebruaiy 22, 20l8 [he ON IiIciI (Ill/(IllW/lI/i) a public olheiai or e111ployee, did recklessly use or authorize the use ol?the authority or in?uence 01? of?ce or employment to secure something of value or the promise or oi?l?er ot?something of value that is ol?such a character as to manil?est a substantial and i111proper inlluence upon a public of?cial or employee with respect to that person's duties. The offense is iilt?jin'lli (1/1/10 statute in such case mar/1' provided, f/lt? peace (1111/ Ohio. 0% 5-1542 I l?crcperson of the Grand Jury 7 P1sc accung Attenc, Page 3 of 11 Cuyahogya'County ConrtoiEonunon Pleas True i3i l Indictment Count 8 Having An Unlawi?nl interest in A Public (,?oatract licl i Defendants l-?imily MCNceioy Date of offense On or about March 16. 2()l6 to Iiebruary 22, 20l8 'lhu gram/jurors, on their {he did while being a public of?cial knowingly authorize or employ the authority or iniluence other of?ce to secure authorization oi? any public contract in which she, a member ol'her l?amily, or any ol? her business associates had an interest. The (glib/1w is mulrmy in (helium oft/1c statute in such case made (rm/provided. am! against the peace and dignity (g/?ihc State of Ohio. Count 9 Having An Unlawful Interest In A Public Contract Ml Defendants Emily McNeeley Date of Offense On or about March 16, 2016 to February 22 2018 The grunt/jurors, on their oaths.jiirI/icrjim/ that (he unimr/ir/h' did while being a public of?cial knowingly have an interest in the prolits or bene?ts 01? a public contract entered into by or for the use ot?the political subdivision or governmental agency or instrumentality with which she was connected. The Q?i?mc is contrary to the/mm ol'ihe slum/c in such case made and provided. umiugw?nsi the peace and dignity oft/1e .S?Iuic Ohio. Count 10 Public official or employee's unlawful in?uence - Ml Defendants Emily McNeeley Date of Offense On or about March 16, .2016 to February 22, 2018 The gram/jurors: on their the im/(nr/ii/ly a public of?cial or employee, did recklessly use or authorize the use ol?the authority or inliuence oi" ol?iice or employment to secure something of value or the promise or offer oi?something 01? value that is ol?such a character as to maniiest a substantial and improper in?uence upon a public of?cial or employee with respect to that person's duties. The is con/rant! in [helium oft/re sin/rile in such t?tM?t? Him/v cun/proricim?. and against the peace and dignity o/?Ihu Sin/c of Ohio. I W5 a 1/246.- ., Forepe'r'SOn'o'f the Grand Jury 7 Prosecuting Attorney ., Page ii of ii Cuvahoga County Court of Common Pleas A True Bill Indictment 1 Count 11 l-Iavlng An Unlawful IIiteiest In A Public Initiaet Defendants liiInily McNeeley Date of Offense On or about March 16, 2016 to lI?ebruaI?y 22, 202 8 i/Ie wand/Innis on that mil/Ix I/iut/Iet limi t/Itit tile Def/U did while being a public otlicial knowingly authorize or employ the authority or influence oi?hcr of?ce to secure authorization ol?any public contract in which she, a other i?amily, or any 01? her business associates had an interest. 77th is cont/my It) statute in case made (tilt/ftl?uiltxl the oft/re State of Ultra. Count 12 Having A11 Unlawful Interest Contiaet 11/11 Defendants [Emily McNeeley Date of offense, or about March 16, 2016 to 1 cquaI'y 22, 2018 [he guru/imam. on their eat/Ins /ImlI/Iut t/Ic did while being a public oliIcial knowingly have an interest in the proiits or benclits 0121 public contract entered into by or 101' the use ot?the political subdivision or governmental agency or instrumentallty with which she was connected. The (die/Ire is to (lie/brim oft/w statute in .S'ttL'it case ?Kit/(3 (HM/provided. (antagonist the peace and dignity oft/1e State of Ohio. Count 13 Public official or employee 3 unlawtul lit/11m Defendants Emily McNeeley Date of offense or about March 16, 2016 to February 22, 2018 ?It! grand/urge? (It! then oat/Is. jun/that t/Ie Melanin/7m) a public olticial or employee, did recklessly use or authorize the use ol?the authority or intiuence 01? of?ce or employment to secure something 01? value or the promise or ol?t?er ot?somcthing ol?value that is ol?such a character as to manil?est a substantial and improper in?uence upon a public of?cial or employee with respect to that person's duties. The offense is contrary to Iiic?jttl'ltl statute in case HIM/against the peace and dignity State of Ohio. W6 0 ., 42131 2/21,, 1/22/2212 ForeperSQn'ofthe Grand'JuIv Pres eceting Atterne, Page 5 of it Cuyahoga County Court of Common Pleas A True Bill Indictment i ount14 Having Au Unlawful Interest in A Public Con-tract F4 I Defendants llimily McNeeley Date of offense. On or about April 13, 2017 to July 27, 2017 The gram/jurors, on their (ha! the un/(itr/il/h' did while being a public ol?l?icial knowineg authorize or employ the authority or inlluence 01? her olilice to secure authorization 01? any public contract in which she, a member ol?hcr lamily, or any 01? her business associates had an interest. The Q/?wse is conh'w'y (he/iil'm oft/re sluhrle in such case made (1an provided. (INt/(lgrlifml (he peace and dignity aft/1e Sta/e of Ohio. Count; 15 Having An Unlawful Interest In A Public Contract Ml Defendants Emily McNeeley Date of offense, On or about April 13, 2017 to July 27, 2018 'lhe on their that the Def/enchants) uniuuj/ir/h' did while being a public ol?licial knowingly have an interest in the prolits or benelits 01? a public Contract entered into by or for the use ol'the political subdivision or governmental agency or instrumentality with which she was connected. The is contrary to (he/Orin oft/re stature in such case made (Hit/provided. (wt/against the peace and dignity oft/re Stale of Ohio. Count; 16 I?ubllc official or emplo ee's unlawful in? uence - Ml Defendants Emily McNeeley Date ofOffense On or about April 13,2017 toluly 27, 2017 'l'he gram/farms; on their (he a public of?cial or employee, did recklessly use or authorize the use ol'the authority or in?uence 01" of?ce or employment to secure something 01? value or the promise or ol?l?er ol?something 01" value that is ol?such a character as to manifest a substantial and improper in?uence upon a public ol?licial or employee with respect to that person's duties. The offense is comm/3? In (he/om] oft/re statute in such case mar/e um! denim! the peace and dignity oft/re Stale of Ohio. We a ff ,r Ci?i- View a, Aft/9f ForepersonoftheGrand Jury 7 "Prosecuting Attorney Page 6 of 11 Cuyaboga County Court of Common Pleas A True Bill Indictment Count 17 Public official or employee's unlat-vful influence Ml ?0102.03(n) Defendants Emily McNeeley Date of Offense On or about January 13, 2017 Han grunt/jitters, on their (mt/ts, tint! titu nnimr/i/i/t' a present or former public official or employee, did disclose or use, without appi-Opriate authorization, information acquired byitcr in the course ofher oflieial duties that was conlidcntial because ofstatutory provisions, or that was clearly designated to [Emily Mcheley as conlidential when the confidential designation was warranted because ofthe status ofthe proceedings or the circumstances under which the information was received and preserving its con?dentiality was necessary to the proper conduct of government business. iite o[/ensc is cunt/my t0 lite/inn: oft/ac statute in such (use Him/e (nit/provided, umingttinst lite peace and dignity o/titc State of Ohio. I i We Count: 18 Tampering with Rewrds .. F3 Defendants Kenneth V. Mills Date of Offense On 0 about May 22, 2018 'l'ite on their (mt/ts.farther/ind t/mt Iiit? nniun/n/it did, knowing he had no privilege to do so, and with purpose to defraud or knowing she was lac?tlttating a lraud on Cuyahoga County, falsify, destroy, remove, conceal, alter, deface, or mutilate any writing, computer soitware, data, or record, to wit: Cuyahoga County, and the writing, data, computer soitware, or record was kept by or belonged to a local, state, or federal governmental entity. The in?nite is contrary to litc/iH'IH oft/2e statute in .rnc/t case Hititit' and provided. unciuguinst iilt.? peace and dignity oft/1e State of Ohio. Count 19 'l?elecontmunicatlons Fraud 175 Defendants Kenneth V. Mills Date ofotfense On or about May 22, 2018 'l'itc grunti_jtn'ors, on their Iitt? having devised a scheme to defraud, did knowingly disseminate, transmit, or caused to disseminated or transmitted by means 01 wire, radio, satellite, telecommunicatioa, telecomrnunications device, or telecommunication services any writing, data, sign, signal, picture, sound, image with purpose to execute or otherwise further the scheme to defraud. 'lite (?ctive is contra/3' to tire/inn: o/?tite statute in .rttc/t case made and provided, (thi tigcti'm't i/lt? peace and dignity oft/to State of Ohio. .5- i .VA Ferepetsen of the Grand Jury Page fat 11 gourt of Common Pleas A True Bill Indictment Count 20 Faislfientlon Mi Defendants Kenneth V. Mills Date of offense On or about May 22, 2018 'li'ic gm;MUN/win, (m (ilt?il' i/iui I/it? did knowingly make a false statement, or knowingly swear or al'lirn't the truth ofa false statement prevrously made, when the statement was made in any of?cial proceeding. The offense is con/racy oft/iv sin/tile in sue/r case Him/c undugnimi lire/it'ut'c rift/w Sin/u of Ohio i Count 21. Falsification Ml Defendants - Kenneth V.Mills Date of Offense On or about May 22,2018 Hie gramij'urers. on their (ml/is.further/incl (but (he I 7 -- did knowingly make a false statement, or knowingly swear or affirm the truth of a false statement previously made, when the statement was made with purpose to mislead a public official in performing the public ol?licial's ol?licial function. The is contra/3' (0 (itch/err? Q/i/ic slain/c in such case made (Hit/provided. the peace (unit/igniiy ()fI/lt? .S'Iuic of Ohio. I Count: :22 Obstructiug Official Business M2. Defendants Kenneth V. Mills Date of Offense On or about July 2, 2018 The gram/jurors, on their (mi/tr. i/mi (he did, without privilege to do so and with purpose to prevent, obstruct, or delay the perl?brmance by a public oliicial ol any authorized act within the public oi?lieial's official capacity, an act that hampered or impeded a public oilicial in the performance ol?the public ofiicial?s lawful duties. The (gt/Luise is ceiili?ciiy to rile/brat (gl'I/ic sin/Hie in .wrc/i case mat/u (inc/provided. am! against (ire peace and dignity off/re .S'Iuic of Ohio(212- Forepersen oi the Grand "Jory "'"Prosecuting'Atter'nev' A Page 8 of 11 Pleas A True Bill Indictment .. Ml Defendants Kenneth V. Mills I Date of Offense or about July 2, 2018 iCountla Hie on their (he nn/mr/idii' did knowingly make a false statement, or knowingly swear or al?linn the truth ol'a false statement prevrously made, when the statement was made in any of?cial proceeding. The (g?i?nse is cun/rmy In die/inn} (gl'liie slain/c in .s'nt'li case made (intin?uniirs/ the peace and dignity aft/w Sin/e Ohio. Count 24 Falsil?icntien - Ml Befendants Kenneth V. Mills Date of Offense On or about July 2, 2018 'Hre grunt/jurors, an (heir I/in'drcig/ind that (he Defendtun?s) nn/utr/ii/iy did knowingly make a l?alse statement, or knowingly swear or al?linn the truth ot?a l?alse statement previously made, when the statement was made with purpose to mislead a public of?cial in performing the public ot?licial's ol?licial function. The Q?i?lih?c? is contra/3'10 {lie/inn: Q/?I/ie statute in such case made and prm'idcd. and against die pct/cc Sic/(e of (Jilin. Count 25 Obst?rueting Of?cial Business .. N12 Defendants Kenneth V. Mills Date of Offense On or about July 2, 2018 'i'lie grunt/jurors. on their nut/is, l/in'I/iei'I/ind dial the un/ntr/ir/[i' did, without privilege to do so and with purpose to prevent, obstruct, or delay the perl?mmance by a public olt?icial ol?any authorized act within the oi?licial's of?cial capacity, an act that hampered or impeded a public of?cial in the performance ol?the public ol?licial's lawl?ul duties. 'lie (glibnse is contrary to I/tejin?m (if/lie slain/c in such case made and provided. peace and dignity oft/re State of Ohio. 22c. Ferepersen eith'e'Grand Jitt?i I?Page 9 of .11 1 "Prosecuting meme-y Cuyahoga County Court of Common Pleas A True Bill Indictment Count 26 Theft In Of?ce - [33 ?292 .4 l) Defendants Douglas M. Date. of offense. On or about July 24, 2017 to 22, 20l? did, while being a public or party oliicial, commit a thcli oll'ense, as dclined in division (K) oi' section 29l3.01 ol'the Revised Code, when the ol?l'ender used the el?l'endcr's of?ce in aid ol' committing the ol'l'ense or permitted or assented to its use in aid ol'eommitting the ol'l'ensc and the value of property or services stolen was seven thousand live hundred dollars or more. The lo (NIL/provided. of Ohio. Count 27 lampei mg with llecm (ls - 15?3 Defendants Douglas M. Dykes Date of Offense On 01 about 24, 2017 did, knowing he had no privilege to do so, and with purpose to deli'aud or knowing he was facilitating a fraud on Cuyahoga County. utter a writing or record, to wit: Revised Ol'l'cr Letter ol' Employment to James l-lay converting $13,500 moving expenses allowance into 21$15,000 signing bonus, knowing it to have been tampered with as provided in division ot'this section and the writing, data, computer sol?tware, or record was kept by or belonged to a local, state, or Federal govc ernmental entity. 'l'I'Ic 1.5' 11 (he 51IL II 0/ Ohio. Count 28 011.511 acting Official Business .. M2 Defendants Douglas M. Dykes Date of Offense On or about March 2, 2018 g1 0H did, without privilege to do so and with purpose to prevent, obstruct, or delay the performance by a public ol'licial ol'any authorized act within the public ol'licial's ol'licial Ipacity, an act that hampered Ol impeded a public ollicial In the pet lt'nmance oi the public ollicial' lawlnl duties. 1'5 II) (he II Med. o/ W5 62% fi/f?tzr?tw?/?? (?Foreperson of the Grand Jury 7 Proceruung Attorney Page 10 of 1.Cuyahoga County Court of Common Pleas A True Bill Indictment Count 29 Falsl?cntton .- Ml l? Defendants Douglas M. Dwas Date of Offense On or about March 2. 2018 I The grunt/jurors, on their the (tn/(tnj/it/lt' 5 did knowingly make a [11151 statement, or knot-vingly swear or ut?tirm the truth ot?n false statement previously made, when the statement was mettle with purpose to mislead a public of?cial in performing the public ot?licial?s ol?llcinl function. The (if/emu is contrary to the/Orin aft/1c statute in case made (Inc/provided. the peace (int/dignitytilt/1c State of Ohio, Wad .- i f} -. 5.4L: yaw. t/ "Foi?pe'r'sbn' of" the Grand Jury halide 11 of 17?1,