Indictments Unsealed in Cuyahoga County Public Corruption Investigation
U.S. Attorney’s Office September 15, 2010 |
Bernard A. Smith, Appellate Chief, Criminal Division in the Northern District of Ohio; C. Frank Figliuzzi, Special Agent in Charge of the Cleveland Division of the FBI; and Jose A. Gonzalez, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation Division, today announced that indictments were unsealed today in connection with the Cuyahoga County public corruption investigation.
One of the indictments charged Cuyahoga County Commissioner James A. Dimora, age 55 of Independence, Ohio; Cuyahoga County Common Pleas Court Judge Bridget M.. McCafferty, age 44, of Westlake, Ohio, Local 55 (United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada) Business Manager Robert W. Rybak, age 53 of Independence, Ohio; Auditor's Office and Sheriff's Office employee Jerry J. Skuhrovec, age 63 of Independence, Ohio; Auditor's Office employee Michael D. Gabor, age 51, of Parma, Ohio; and William N. Neiheiser, age 62, of Gates Mills, Ohio, former president and Chief Executive Officer of Reliance Mechanical.
A second indictment charged Deputy Chief Auditor Samir Mohammad, age 44 of Cleveland, Ohio. A third indictment charged Cuyahoga County Common Pleas Judge Steven Terry, age 58, of Cleveland, Ohio. A fourth indictment charged Gabor alone.
"While there is no pleasure in arresting sitting judges, a corrupt commissioner and others, there is satisfaction in knowing the people of Cuyahoga County will now see what justice looks like," Figliuzzi said.
"Regardless of one's status or position, when a public official elects to betray the public's trust for personal gain, the very core of how and why our system of government operates is immediately and negatively impacted," Gonzales said. "Therefore, in partnership with the U.S. Attorney's Office and the FBI, the IRS Criminal Investigation Division gives priority to investigations involving the alleged breach of the public trust by government officials at any level."
James Vanderberg, Special Agent in Charge of the Chicago Regional Office of the U.S. Department of Labor, Office of Inspector General, said: "These defendants are being indicted today on several charges, including allegedly embezzling both union and benefit plan assets and using their positions to perform official acts for personal gain. We are committed to working to working with our law enforcement partners to investigate labor racketeering involving unions, employee benefit plans and labor-management relations."
The charts below summarize the charges against each defendant.
CHARGING CHART UNITED STATES V. DIMORA ET AL
COUNT | CHARGE | SCHEME | DEFENDANT | PAGE NO. |
1 | 18 U.S.C. § 1349 Conspiracy to Commit Mail Fraud and Honest Services Mail Fraud | Bribery related to a $250,000 County Contract (Alternatives Agency) | Dimora | 13 |
2 | 18 U.S.C. § 1951 Hobbs Act Conspiracy | Bribery related to a $250,000 County Contract (Alternatives Agency) | Dimora | 23 |
3 | 18 U.S.C. § 371 Conspiracy to Commit Bribery Concerning Programs Receiving Federal Funds | Bribery related to Ferris Kleem and his businesses | Dimora | 24 |
4 | 18 U.S.C. §§ 666 (a)(1)(B) and 2 Bribery Concerning Programs Receiving Federal Funds | Bribery related to Ferris Kleem and his businesses | Dimora | 47 |
5 | 18 U.S.C. §§ 666 (a)(1)(B) and 2 Bribery Concerning Programs Receiving Federal Funds | Bribery related to Ferris Kleem and his businesses | Dimora | 48 |
6 | 18 U.S.C. § 1951 Hobbs Act | Bribery related to Ferris Kleem and his businesses | Dimora | 49 |
7 | 18 U.S.C. § 1951 Hobbs Act Conspiracy | Bribery related to Engineer’s Office business (Kevin Payne) | Dimora | 50 |
8 | 18 U.S.C. § 1951 Hobbs Act | Bribery related to Engineer’s Office business (Kevin Payne) | Dimora | 56 |
9 | 18 U.S.C. § 1349 Conspiracy to Commit Mail Fraud and Honest Services Mail Fraud | Bribery related to Sheriff’s Office employment | Dimora Skuhrovec | 56 |
10 | 18 U.S.C. § 1951 Hobbs Act | Bribery related to Sheriff’s Office employment | Dimora | 66 |
11 | 18 U.S.C. § 1001 False Statements to Law Enforcement | False statement to law enforcement | Skuhrovec | 66 |
12 | 18 U.S.C. § 1349 Conspiracy to Commit Mail Fraud and Honest Services Mail Fraud | Fraud and Bribery related to public employment | Dimora | 67 |
13 | 18 U.S.C. § 1951 Hobbs Act Conspiracy | Bribery related to John Valentin | Dimora | 78 |
14 | 18 U.S.C. § 1951 Hobbs Act | Bribery related to John Valentin | Dimora | 80 |
15 | 18 U.S.C. § 1951 Hobbs Act Conspiracy | Bribery related to Nicholas Zavarella | Dimora | 81 |
16 | 18 U.S.C. § 1951 Hobbs Act | Bribery related to Nicholas Zavarella | Dimora | 84 |
17 | 18 U.S.C. § 1951 Hobbs Act Conspiracy | Bribery related to Neiheiser and his businesses | Dimora Neiheiser | 84 |
18 | 18 U.S.C. § 1951 Hobbs Act | Bribery related to Neiheiser and his businesses | Dimora | 88 |
19 | 18 U.S.C. § 1349 Conspiracy to Commit Wire Fraud and Honest Services Wire Fraud | Fraud and Bribery related to County business and City of Lakewood business | Dimora Neiheiser | 89 |
20 | 18 U.S.C. § 371 Conspiracy to Commit Bribery Concerning Programs Receiving Federal Funds | Bribery related to Steve Pumper and his businesses | Dimora Gabor | 97 |
21 | 18 U.S.C. §§ 666 (a)(1)(B) and 2 Bribery Concerning Programs Receiving Federal Funds | Bribery related to Steve Pumper and his businesses | Dimora | 112 |
22 | 18 U.S.C. §§ 666 (a)(1)(B) and 2 Bribery Concerning Programs Receiving Federal Funds | Bribery related to Steve Pumper and his businesses | Dimora Gabor | 113 |
23 | 18 U.S.C. § 1951 Hobbs Act | Bribery related to Steve Pumper and his businesses | Dimora | 114 |
24 | 18 U.S.C. § 1951 Hobbs Act Conspiracy | Bribery related to Steve Pumper and his businesses | Dimora Gabor | 115 |
25 | 18 U.S.C. § 1001 False Statements to Law Enforcement | False statement to law enforcement | McCafferty | 116 |
26 | 18 U.S.C. § 371 Conspiracy to Obstruct Justice | Conspiracy to obstruct the County Corruption Investigation | Dimora Gabor Rybak | 117 |
27 | 18 U.S.C. § 1519 Destruction, Alteration or Falsification of Records in Federal Investigations | Obstruction of the County Corruption Investigation | Dimora | 124 |
28 | 18 U.S.C. § 1951 Hobbs Act Conspiracy | Bribery related to County employment | Dimora Rybak | 125 |
29 | 29 U.S.C. § 501 (c ) Embezzlement or Theft from Labor Unions | Embezzlement from Plumbers Local 55 | Rybak | 133 |
30 | 18 U.S.C. § 664 Embezzlement or Theft from Employee Benefit Funds | Embezzlement from the Plumbers Union benefit fund | Rybak | 134 |
31 | 18 U.S.C. § 1512(b)(1)(2) & (3) Tampering with a Witness | Obstruction | Rybak | 134 |
CHARGING CHART UNITED STATES V. MOHAMMAD
COUNT |
CHARGE |
SCHEME |
DEFENDANT |
1 | 18 U.S.C. § 371 Conspiracy to Commit Bribery Concerning Programs Receiving Federal Funds | Bribery Related to the SBE selection in the $5.26 million GIS project | Mohammad |
2 | 18 U.S.C. § 1951 Hobbs Act Conspiracy | Bribery Related to the SBE selection in the $5.26 million GIS project | Mohammad |
3 | 18 U.S.C. § 1512(b)(1)(2) & (3) Tampering with a Witness | Obstructing the County Corruption Investigation | Mohammad |
4 | 18 U.S.C. § 1001 False Statements to Law Enforcement | False Statements to Law Enforcement | Mohammad |
CHARGING CHART UNITED STATES V. TERRY
COUNT | CHARGE | SCHEME | DEFENDANT |
1 | 18 U.S.C. § 1349 Conspiracy to Commit Mail Fraud and Honest Services Mail Fraud | Judicial Corruption | Terry |
CHARGING CHART UNITED STATES V. GABOR
COUNT | CHARGE | SCHEME | DEFENDANT |
1 | 18 U.S.C. § 1349 Conspiracy to Commit Mail Fraud and Honest Services Mail Fraud | Bribery related to the 2006 Auditor’s Office election | Gabor |
factors unique to this case, including the defendant's prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
These cases are being prosecuted by Assistant U.S. Attorneys Ann C. Rowland, Antoinette T. Bacon, and Nancy L. Kelley following investigation by the Cleveland office of the Federal Bureau of Investigation, the Internal Revenue Service, and the United States Department of Labor. The investigation is ongoing.
An Indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.