OH: 3 Other County Judges Under Investigation

Three other county judges are coming under scrutiny after they were mentioned in the bombshell federal indictments announced that accused County Commissioner Jimmy Dimora and two Common Pleas Court judges of corrupt activity.

One is the brother of former county Auditor Frank Russo, who pleaded guilty to 21 corruption charges. County Probate Court Judge Anthony Russo has not been charged but fits the description of Public Official 11, described in the indictment of Dimora.

Then there’s county Domestic Relations Judge Cheryl Karner. She isn’t named in the indictment, but the description of Public Official 8 matches her description.

The federal indictment also involves an unidentified Common Pleas Court judge. Prosecutors said Dimora used his influence on the judge to arrange a meeting involving a halfway house that’s been linked to bribes and a trip to Las Vegas that Dimora went on in April 2008.

Judge Steven Terry was charged with judicial corruption after being accused of accepting bribes and political help from Russo, in return for helping Russo’s friend in a civil case.

And Judge Bridget McCafferty was accused of lying to FBI agents about her secret dealings on court cases with Frank Russo and Dimora.

Full Article and Source:
Investigator: Three More Cuyahoga County Judges Show Up in Indictments

OH: Judge Anthony Russo Denies Wrongdoing

Cuyahoga County Auditor Frank Russo is accused of helping an employee get a second job in exchange for the worker hosting a campaign fundraiser for the auditor’s brother, Judge Anthony Russo, who now oversees the Cleveland Metroparks system.

Cuyahoga County Probate Court Judge Anthony Russo responds to questions about the indictment of his brother, recently resigned Cuyahoga County Auditor Frank Russo.
Jerry Skuhrovec helped raise $8,200 for the judge’s 2008 campaign and also paid unspecified bribes to the auditor for help in landing an appraiser’s job with the Sheriff’s Office, according to new charges released by federal prosecutors.

Anthony Russo went on to win his bid to become presiding judge of the Cuyahoga County Probate Court, an especially powerful position responsible for the appointment of the three Metroparks commissioners.

[T]he judge denied any wrongdoing and has not been charged with a crime. “There were no accusations against me,” said Russo.

Full Article and Source:
Judge Anthony Russo Benefited From Brother Frank’s Misdeeds, Feds Say

Judge Campbell Suspended, Then Resigns

Van Wert Municipal Court is looking for a new judge after Phil W. Campbell resigned his position on Thursday after the Ohio Supreme Court Board of Commissioners on Grievances and Discipline handed down his punishment stemming from judicial misconduct charges in 2009.

Campbell had his law license suspended for 12 months, with six months of the sentence stayed provided no other violations occurred during that period, after he was already seated at the bench for the morning session on Thursday. The sanction was essentially the same as was worked out at the Ohio Supreme Court Board of Commissioners on Grievances and Discipline last year.

Rumors soon after the decision that Campbell had submitted his resignation to Governor Ted Strickland were confirmed by the Court late Thursday afternoon. According to Chris Davey of the Ohio Supreme Court Public Information Office, the letter was received late in the day.

“I am choosing to retire from my position as Van Wert County Municipal Court Judge, effective this date,” started the letter.

In the slip opinion, the Court listed, “Judicial misconduct – Discipline – Improper investigation of a criminal manner – Failure to act in courteous, dignified manner – Improper use of judicial office to pressure persons into action – Improper handling of indigency determinations…”

The Court determined that Campbell had committed 14 violations of the former Code of Judicial Conduct and the Code of Professional Responsibility, including one violation of Canon 1 (A judge shall uphold the integrity and independence of the judiciary), nine violations of Canon 2 (A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary), one violation of Canon 3(B)(2) (A judge shall be faithful to the law and maintain professional competence in it), and three violations of Canon3(B)(4) (A judge shall be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers and others with whom the judge deals in an official capacity, and shall require similar conduct of lawyers, and of staff, court officials, and others subject to the judge’s direction and control).

Full Article and Source:
Judge Campbell Suspended, Then Resigns

Lawyer Receives Probation for Theft

A lawyer who had a 44-year career in the law has been sentenced to probation in Lucas County Common Pleas Court and ordered to pay more than $26,000 in restitution to clients from whom he stole.

William A. Garrett, 69, of Sylvania was sentenced to five years’ probation, including 60 days in the Correctional Treatment Facility and 30 days on electronic monitoring. He also was ordered to pay restitution.

Garrett told Judge Gary Cook he was “extremely depressed” and took up alcohol as a way of self-medicating. He said that his drinking led to other problems.

“I don’t know how I could have violated the trust of the people, the trust of my clients, and the trust of my good work over 44 years,” he said.

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Lawyer Receives Probation for Theft

Brother Accused of Stealing From Disabled Sister

His brother begged a judge not to approve Brent A. Carney as trustee of a trust fund that their late mother established to care for their deaf, mentally handicapped sister.

Carney is mentally ill, has a criminal record that includes theft and slapping their sister and could not be trusted to administer the fund, older brother James Michael “Mike” Carney told the judge.

Nonetheless , Muskingum County Probate Judge Joseph A. Gormley approved Brent Carney in May 2008. Gormley did so after requiring Carney to obtain a $500,000 bond.

Two years later, the trust money is gone. The approximately $150,000 in the trust that their mother left for Lisa Anne Carney Ferguson is drained. Only $162.04 remains, records show.

A Fairfield County grand jury indicted Brent Carney on June 4. He is charged with theft from an elderly or disabled adult by deception, which is a first-degree felony, and with complicity to commit failure to provide change of address, a fourth-degree felony.

Mike Carney is furious with his brother and with the judge.

“How low can you go, man, to stick it to your own family member?” he asked. “He deserves to do some hard time for what he has done.”

Mike Carney said he plans to file a complaint with the Ohio Supreme Court’s disciplinary counsel against Judge Gormley for approving Brent Carney as the trustee despite abundant evidence indicating that it would be a bad idea.

“His actions were inexcusable. That was poor judgment,” Mike Carney said.

The judge said he tried to respect the mother’s wishes in naming Brent the trustee and tried to protect Lisa’s interests by requiring the bond. He said he didn’t think Brent would be able to get bonded and was surprised when he did.

“Despite his shortcomings, he was able to get a bond,” Gormley said. “It’s unfortunate that he has apparently misappropriated the funds, but Lisa can now look to the bonding company and say, ‘Replace my money.’ So, it’s not as gloomy as it looks.”

The family was unaware of the trust fund’s depletion until recently, when a Fairfield County investigation into the production and use of counterfeit checks led law enforcement first to Whitacre, then to Brent.

Brent Carney remains in the county jail in lieu of $250,000 bond. He has pleaded not guilty and is scheduled for trial in August. Fairfield County Prosecutor David Landefeld refused to comment on the case because it is pending.

Mike and Greg Carney have told Lisa that Brent stole her money. She is upset and angry, Mike said, but doesn’t fully comprehend what happened.

“She doesn’t understand the amount he really took,” he said.

Full Article and Source:
Brother Accused of Stealing From Disabled Sister

Mahoning Co. Probate Court Employee Being Investigated

An employee of the Mahoning County Probate Court has been placed on unpaid administrative leave pending an internal court investigation.

Donald D. Gaudio Jr., 48, deputy clerk and guardianship investigator, was placed on leave and has turned in his court credentials, Judge Mark Belinky announced.

The investigation, which should be completed in about two weeks, is being headed by Richard Burgess, the court’s chief magistrate, Judge Belinky said. The probe appears to involve only Gaudio, Judge Belinky added.

The court has obtained information on Gaudio’s employment and must determine whether Gaudio “has engaged in any inappropriate behavior during his employment with this court,” Judge Belinky wrote without elaborating in a Monday judgment entry.

The judge said he made the probe public because of rumors circulating about it. Judge Belinky said it is “unfair and distracting to the other employees of the court to be the subject of innuendos and rumors.”

On his job application, Gaudio said he wasn’t related to any current elected or appointed county official, had a valid driver’s license, and had never been dismissed or asked to resign from employment.

Gaudio also said he had never been convicted of a felony involving dishonesty, false statements, violence or offenses of moral turpitude.

Full Article and Source:
Probe of Probate Worker Begins

Financial Planner Accused of Theft

A financial planner is accused of stealing a 70-year-old woman’s life savings – more than a half-million dollars – and leaving her essentially penniless.

Springdale police arrested Martin Morris, 50.

A Hamilton County grand jury indicted Morris on 14 counts, including aggravated theft, theft from an elderly person and forgery.

Springdale police detective Keenan Riordan said Morris stole $509,637 by forging checks while handling all of the woman’s finances.

Full Article and Source:
Financial Planner Charged With Bilking the Elderly

Ohio AG Files Suit Against Nursing Home Provider

Ohio Attorney General Richard Cordray filed a lawsuit against a large Ohio-based nursing home provider doing business under the name Carington Health Systems. The lawsuit alleges the company overstated nursing home expenses in reports filed with the Ohio Department of Job and Family Services (ODJFS), resulting in overpayments of Medicaid reimbursements for 21 nursing facilities.

“By artificially inflating its expenses, this company caused the Ohio Medicaid Program to overpay for services,” said Attorney General Cordray. “It is critical that Medicaid dollars are spent as intended and that we hold accountable those providers who try to take advantage of the system.”

The lawsuit, filed in the Franklin County Court of Common Pleas, seeks monetary recovery for the overpayment of Medicaid reimbursement and damages.

The nursing facilities named in the complaint are:
Arlington Nursing Home, Newark
Batavia Nursing & Convalescent Center, Batavia
Bryden Place, Columbus
Carington Park, Ashtabula
Clermont Nursing & Convalescent Center, Milford
East Galbraith Health Care Center, Cincinnati
East Galbraith Nursing Home, Cincinnati
Forest Hills Center, Columbus
Franklin Ridge, Inc., Franklin
Glencare Center, Cincinnati
Golden Years Nursing Home, Hamilton
Harmony Court, Cincinnati
Home at Hearthstone, Cincinnati
Heath Nursing & Convalescent Center, Heath
Madison Health Care, Madison
Nelson Park Care Center, Columbus
Sidney Care Center, Sidney
St. Catherine’s of Fostoria, Fostoria
St. Catherine’s of WCH, Washington Court House
Terrace View Gardens, Cincinnati
Woods Edge Point, Cincinnati

Full Press Release and Source:
Cordray Files Suit Against Nursing Home Provider

Read the Full Complaint

Ohio Legal Rights Service Comments on Proposed Standards in Governing Attorney Guardians

Legal Rights Service (LRS) submitted comments on proposed standards governing attorney guardians in Franklin County. Probate Judge Eric Brown had asked for the public’s opinion on these standards. LRS recommended that the court require a prospective ward be given the opportunity to participate in the written plan identifying his or her personal goals and needs, thus creating a more person-driven plan. LRS also made suggestions to protect the liberty and privacy interests of a prospective ward.

LRS has been closely involved with the development of statewide standards for non-family guardians as part of the Adult Guardianship Subcommittee of the Ohio Supreme Court’s Advisory Committee on Children, Families and Courts. Standards, both at the state level and through local standards are necessary to ensure that the rights of individuals are not compromised by professional guardians, many of whom are attorneys.

Read LRS’s Comments

Full Article and Source:
LRS Comments on Proposed Attorney Guardian Standards to be Adopted in Franklin County

See Also:
OH Standards of Practice for Attorney Guardians

The Lawyer Who Just…Disappeared

Allen Schwartz came home early from work one summer day in 2001 and told his wife of 40 years that they needed to talk.

“I’m in trouble,” he said. “I’m going to leave.”

Schwartz was 71 at the time and had spent almost five decades building a successful Cincinnati law practice. Colleagues considered him a “gentleman lawyer” and his wife, Alice, expected to spend retirement with him in the Clifton home where they raised their three children.

So when Schwartz told his wife she would never see him again, and that he was leaving behind everyone and everything he ever cared about, she couldn’t believe he really meant it.

But he did.

She hasn’t seen him since. And neither have friends, relatives, neighbors or the prosecutors who later charged him with stealing more than $300,000 from clients.

Schwartz, who will turn 80 this year if he’s still alive, remains one of the city’s most enduring and unlikely mysteries, a man who was accused of betraying his family and his profession and then, seemingly, vanished into thin air.

Full Article and Source:
The Lawyer Who Just…Disappeared