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Forlani/Dimora Indictment
Friday, October 21st, 2011 at 11:09:05pm UTC 

  1. Case: 1:11-cr-00491-JG DDI: #1 1 Filed: 10/20/11 1 of 91. F’age|D #2 1
  2. $21
  3. IN TIIE UNITED STATES DISTRICT COURT; A 
  4. FOR THE NORTHERN DISTRICT OF OHIO   ~
  5. EASTERN DIVISION L
  6. UNITED STATES OF AMERICA, ) INDICTMENT
  7. )
  8. Plaintiff, 3 1 (R   L 
  9. v_ ) CAsE%.‘3 1 -1M=5""~' - °’
  10. )
  11. MICHAEL FORLANI ) Title 18, United States Code
  12. JAMES C. DIMORA ) Sections 2, 371, 666, 1343, IS49, 1512,
  13. ) 1951 and 1962(d)
  14. Defendants. )
  15. The Grand Jury charges:
  16. GENERAL ALLEGATIONS
  17. At all times material to this Indictment:
  18. The Defendants
  19. 1, MICHAEL FORLANI (“FORLANI”) was the President and approximately 75%
  20. owner of Northeast Ohio Electric LLC dba Doan Pyramid LLC (“Doan”), an investor in
  21. Doan/Pyramid Solutions (“Solutions”), a majority owner of Neteam, AVI, (“Neteam”), the sole
  22. member of Veterans Development, LLC (“Vetera.ns Development”), a member of the Board of
  23. Managers for Veterans Development Domiciliary, LLC, the sole member of Wade Park Retail,
  24. LLC, a principal of Fedco Services, LLC (“Fedco”), and the sole owner of Deep Three Partners
  25. LLC (“Deep Three”).
  26. l
  27.  
  28. [pagebreak]
  29. Case: 1:11-cr-00491-JG Doc #2 l Filed: 10/20/ll 2 of 91. F’age|D #2 2
  30. rf' it
  31. 2. FORLANI’s activities affected interstate commerce.
  32. 3. JAMES C. “JIMMY” DIMORA (“DIMORA”) was an elected County
  33. Commissioner from in or around 1998 until on or about December 31, 2010. His responsibilities
  34. included budgeting, levying taxes, issuing bonds, letting contracts for public works services,
  35. monitoring County expenditures, administering all purchases for County use, and approving
  36. funding to build and maintain certain roads. In addition, DIMORA had the authority to influence
  37. personnel decisions within the County, including hiring, approving raises and promotions,
  38. terminating employment, and establishing job duties.
  39. 4. DIMORA’s activities affected interstate commerce.
  40. 5. DIMORA was the Chairman ofthe Cuyahoga County Democratic Party.
  41. FORLANPS Business Interests
  42. 6. Doan was an electrical contractor. It was 25% owned by Doan Electric Company
  43. and 75% owned by Conglomerate Electric Inc. Doan Electric Company was owned by two
  44. families and Conglomerate Electric was 99% owned by FORLANI and 1% owned by his sons.
  45. 7, The operations of Doan affected interstate commerce.
  46. S. Solutions was involved in implementing energy solutions, and was a subsidiary of
  47. Doan and located at the same address as Doan in Bedford Heights, Ohio. Business Executive or
  48. Employee 58 (“BE5 8") and FORLANI were the managing members of Solutions. FORLANI
  49. was its President and BE58 its Vice President.
  50. 9. The operations of Solutions affected interstate commerce.
  51. 10. Beginning in 2004 or 2005, Doan began to acquire an ownership interest in
  52. Neteam, which provided audio/visual systems integration for video conferencing, audio
  53. 2
  54.  
  55. [pagebreak]
  56. Case: 1:11-cr-00491-JG Dot: #1 1 Filed: 10/20/ll 3 ot 91. F’age|D #2 3
  57. .,
  58. conferencing and long distance learning applications. Business Executive or Employee 59
  59. (“BE59”) owned the largest percentage in Neteam, followed by Doan and then by Business
  60. Executive or Employee 45 (“BE45") who was a 10% oumer.
  61. l 1. The operations of Neteam affected interstate commerce.
  62. 12. Veterans Development LLC (“Veterans Development") was a private
  63. development company selected by the United States Department of Veterans Affairs to develop
  64. and manage the Veterans Affairs hospital consolidation project in the Wade Park neighborhood
  65. of the City of Cleveland. Veterans Development owned one property used in the VA
  66. Development Project at Wade Park. FORLANI was the sole member of Veterans Development
  67. 13. The operations of Veterans Development affected interstate commerce.
  68. I4. Veterans Development Domiciliary, LLC ovmed one property used in t.l1e VA
  69. Development Project at Wade Park. FORLANI was a member of the Board of Managers of
  70. Veterans Development Domiciliary, LLC.
  71. 15. The operations of Veterans Development Domiciliary, LLC affected interstate
  72. C0mm€TC€.
  73. 16. Wade Park Retail, LLC owned four properties used in the VA Development
  74. Project, FORLANI was the sole member of Wade Park Retail, LLC.
  75. l7. The operations of Wade Park Retail, LLC affected interstate commerce.
  76. 18. Fedco acquired privately owned property used in the VA Development Project,
  77. FORLANI was associated with Fedco.
  78. 19. The operations of Fedco affected interstate commerce.
  79. 3
  80.  
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  83. b
  84. 20. Deep Three owned the building located at 5060 Corbin Drive, Bedford Heights,
  85. Ohio, which was adjacent to Doan. FORLANI was the sole owner of Deep Three.
  86. 21. The operations of Deep Three affected interstate commerce.
  87. 22. Doan Pyramid/Security was a part of Doan.
  88. 23. The various businesses in which FORLANI had a financial interest worked
  89. together on projects, and assisted each other in obtaining and perfomiing work that benefitted
  90. and afforded opportunities to FORLANI and others.
  91. 24. FORLANI had a financial interest in real estate known as Ontario Point in
  92. Cleveland, Ohio.
  93. Public Entities
  94. 25. Cuyahoga County, Ohio (“County") was a goverrmient body whose departments
  95. included the Cuyahoga County Auditor’s Office (“Auditor’s Office”) and the Cuya.l1oga County
  96. Engineer’s Office (“Engineer’s Ofiice"), each of which was headed by an elected public official.
  97. 26. The Board of Cuyahoga County Commissioners (“County Commissioners”) was
  98. the central govemmental body of the County, consisting of three co-equal members who were
  99. elected at large for four-year terms. Each year, the County Commissioners elected a president,
  100. who served on the Board of Revision and the County Records Commission. The County
  101. Commissioners’ powers included budgeting, levying taxes, issuing bonds, letting contracts for
  102. public works services, monitoring expenditures, administering purchases, and making personnel
  103. decisions. The County Commissioners were also responsible for approving all collective
  104. bargaining agreements and administering federal grant monies.
  105. 4
  106.  
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  109. 27. The County Commissioners had authority to appropriate funds for the operations
  110. of their own agencies and other elected County officials, including the County Auditor and the
  111. County Engineer.
  112. 28. The operations of the County affected interstate commerce.
  113. 29, The operations of the County Commissioners affected interstate commerce.
  114. 30. The operations of the Auditor’s Office affected interstate commerce.
  115. 31, The Ohio Public Employees Retirement System (“OPERS”) was a state pension
  116. fund located in Columbus, Ohio. OPERS provided retirement, disability and survivor benefit
  117. programs for public employees throughout the State of Ohio, who were not covered by another
  118. state or local retirement system. OPERS was established in or around 1935 to make available a
  119. secure means to provide retirement for Ohio public employees. The system was originally
  120. named the Public Employees Retirement System (“PERS") and changed in or around 2003 to
  121. become OPERS. In order to obtain OPERS benefits, it was necessary that a completed Form A
  122. be mailed to OPERS in Columbus, Ohio,
  123. 32, The Cuyahoga Cotmty Veterans Service Commission (“VSC") was established on
  124. or about May 19, 1886, for the purpose of assisting Honorably Discharged Veterans and their
  125. minor children, spouses, and widows, who have met with an unexpected hardship resulting from
  126. lack of employment, illness or injury. The operations of the VSC were funded by County
  127. property taxes. The VSC had a board of five Commissioners who administered its programs.
  128. 33. The Greater Cleveland Regional Transit Authority ("RTA”) was a political
  129. subdivision of the State of Ohio. All power and authority granted to RTA was vested in, and
  130. 5
  131.  
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  134. .
  135. exercised by, its Board of Trustees, which was charged with managing and conducting RTA’s
  136. affairs, Three members ofthe RTA Board were appointed by the County Commissioners.
  137. 34. The operations of RTA affected interstate commerce.
  138. 35. The Cleveland-Cuyahoga County Port Authority (“Port Authority”) was an
  139. independent government agency authorized under state law and created by the City of Cleveland
  140. and the County. The Port Authority finances projects in Cleveland and surrounding communities,
  141. 36, The operations of the Port Authority affected interstate commerce.
  142. 37. The Ohio Depamnent of Transportation (“ODOT°’) was a department of the State
  143. of Ohio.
  144. 38. The operations of ODOT affected interstate commerce.
  145. 39. The Maple Heights City School District (“MHCSD”) was a public school district
  146. located within the County, which served the community of Maple Heights,
  147. 40, The Parma City School District (“PCSD”) was a public school district located
  148. within the County, which served the communities of Parma, Parma Heights and Seven Hills,
  149. Ohio.
  150. 41. MetroHealth System (“Metro”) was a health care provider headquartered onthe
  151. near west side of Cleveland, Ohio with facilities throughout the greater Cleveland area. It
  152. provided inpatient care to nearly 28,000 individuals annually and recorded approximately
  153. 700,000 outpatient visits per year.
  154. Private Entities
  155. 42. DAS Construction (“DAS”) was a commercial construction company located in
  156. 6
  157.  
  158. [pagebreak]
  159. Case: 1:11-cr-00491-JG Doc #1 1 Filed: 10/20/ll `7 of 91. F’age|D #1 7
  160. r
  161. Garfield Heights, Ohio, with experience as a general contractor, construction manager, and
  162. design builder.
  163. 43. The operations of DAS affected interstate commerce.
  164. 44. Reliance Mechanical, LLC (“Reliance Meohanical”) was a heating, air
  165. conditioning, and plumbing contracting company located in Cleveland, Ohio.
  166. 45. Reliance Mechanical’s operations affected interstate commerce,
  167. 46. VinCore was an Ohio limited liability company, operating to provide consulting
  168. and govemment relations services. DIMORA and Russo had an interest in VinCore’s success.
  169. 47. Business 47 was a competitor of Doan.
  170. 48. Business 49 was a global media and entertainment company headquartered
  171. outside the State of Ohio, specializing in mobile and on-demand entertainment and infomation
  172. services for local communities and opportunities for advertisers. Its operations affected interstate
  173. commerce.
  174. 49. Business 50 was a provider of investment banking services.
  175. 50. Business 52 was a bank.
  176. Sl. Business 53 was a company that worked closely with Doan.
  177. Public Officials and Employees
  178. 52. Frank P. Russo (“Russo”) was the County Auditor, an elected County official,
  179. from in or around 1998 until on or about September 9, 2010. He was the Count;/‘s chief fiscal
  180. officer, with overall responsibility for all County funds, As t.he Auditor, Russo served as
  181. secretary to the Board of Revision, which had responsibility to mle on property assessments and
  182. hear valuation complaints, and as secretary to the Automatic Data Processing (“ADP") Board,
  183. 7
  184.  
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  187. >
  188. which reviewed information technology related purchases and contracts for the County. Russo
  189. had the power to influence contracts and expenditures within the Auditor‘s Office and had
  190. authority over personnel decisions within the Auditor’s Office, including hiring, approving raises
  191. and promotions, temiinating employment, and establishing job duties.
  192. 53. Michael Gabor (“Gabor”) was an Auditor’s Office employee from on or about
  193. September 12, 2005 until in or around November 2010.
  194. 54. John Kevin Kelley (“Kelley") was employed in various positions within County
  195. government from approximately |998 through June 2009. In 2004, Kelley became the
  196. Geographic Infomation Systems (“GIS”) project manager. His salary was funded in equal parts
  197. by the budgets ofthe Engineer’s Office, the Auditor‘s Office, and the County Commissioners. ln
  198. this role, Kelley had the power to influence public policy, contracts and expenditures.
  199. 55. From in or around January 2000 until in or around March 2009, Kelley served on
  200. the Parma City School District Board of Education, an elected position. ln this role, Kelley had
  201. the power to influence public policy, contracts and expenditures.
  202. 56. Santina Klimkowski was an elected member ofthe MHCSD Board of Education
  203. from approximately 1981 through 2005. In that capacity, she served as an agent ofthe school
  204. district and had the power to influence the expenditure of school district funds for contracts.
  205. KLIMKOWSKI was also employed at the Auditor’s Office as a Department of Appraisal
  206. Specialist, responsible for overseeing the commercial real estate appraisal process.
  207. 57. Sabra Pierce Scott (“Pierce Scott”) was a member of the Cleveland City Council,
  208. an elected position. She served from approximately 2002 through 2009.
  209. 8
  210.  
  211. [pagebreak]
  212. Case: 1:11-cr-00491-JG Doc #2 1 Filed: 10/20/ll 9 of 91. F’age|D #2 9
  213. 58. John J. Carroll (“Carroll”) was an agent of Metro. He was employed by Metro
  214. from 1995 through July 2008, first as Vice President of Facilities and Institutional Services and
  215. later as Vice President of Facilities and Construction Services. Ca.rroll’s duties included
  216. operating and supervising Metro’s food, laundry, police, environmental, facilities and
  217. construction services. Carroll spent about 40% of his time on construction and facilities duties,
  218. 59. Thomas Greco (“Greco”) was employed by Metro and assisted Carroll with
  219. construction management.
  220. 60. Public Officials 9 and I0 (“P09” and “POl0”) were elected County officials,
  221. whose responsibilities included budgeting, levying taxes, issuing bonds, letting contracts for
  222. public works services, monitoring County expenditures, administering all purchases for County
  223. use, and approving funding to build and maintain certain roads. ln addition, P09 and P010 had
  224. the authority to influence personnel decisions within the County, including hiring, approving
  225. raises and promotions, temtinating employment, and establishing job duties.
  226. 61. Public Officials 22 and 23 (“PO22” and “PO23”) were members of the RTA
  227. Board.
  228. 62. Christopher Krause was the Treasurer ofthe Maple Heights City School District
  229. (“MHCSD”).
  230. 63, Public Employee 10 (“PEl0”) was a County employee with jurisdiction over
  231. certain aspects of County contracting, including responsibilities related to the County’s Small
  232. Business Enterprise (“SBE”) and Minority Business Enterprise (“MBE”) requirements.
  233. 64. Public Employee l l (“PEl l”) was a County employee who reported to DIMORA
  234. 9
  235.  
  236. [pagebreak]
  237. Case: 1:11-cr-OO491-JG Doc #1 1 Filed: 10/20/11 10 of 91. F’age|D #2 10
  238. 65. Public Employee I8 (“PEl 8) was a County employee who reported to DIMORA,
  239. and whose responsibilities included maintaining Dimora’s schedule.
  240. 66. Public Employee 23 (“PE23") was appointed by the County Commissioners as the
  241. County’s chief operating officer. PE23 served in that role until in or around July 2008.
  242. 67. Public Employee 37 (“PE37") was an agent ofthe City of Cleveland Building and
  243. Housing Department. PE37 worked as a building inspector, responsible for inspecting structural
  244. work on commercial and residential construction projects within the City of Cleveland to ensure
  245. compliance with the City of Cleveland’s building and zoning codes. Prior to May 23, 2008,
  246. PE37 began cooperating with the govemment in the investigation that led to this indictment.
  247. 68. Public Employee 58 ("PE58”) was employed as a deputy director of ODOT.
  248. 69. Public Employee 59 (“PE59”) was the director ofthe VSC.
  249. 70. Public Employee 60 (“PE60”) was an employee ofthe Port Authority.
  250. 71. Public Employee 61 (“PE6l") was the Executive Secretary/Treasurer ofa labor
  251. organization and a member of the Port Authority Board.
  252. Other Individuals
  253. 72. William Neiheiser (“Neiheiser”) was the president and Chief Executive Officer of
  254. Reliance Mechanical. Neiheiser had an ovmership interest in Reliance Mechanical and in
  255. Winterhurst, an ice-skating facility in Lakewood, Ohio.
  256. 73. Neiheiser’s activities affected interstate commerce.
  257. 74. Steven Wayne Pumper (“Pumper") was the Chief Executive Officer of DAS, and
  258. had a financial interest in multiple development projects.
  259. 75. Pumper’s activities affected interstate commerce.
  260. I0
  261.  
  262. [pagebreak]
  263. Case: 1:11-cr-00491-JG Doc #2 1 Filed: lO/20/ll ll of 91. F’age|D #2 ll
  264. 76. Vince Russo was a principal and agent of VinCore. Vince Russo facilitated the
  265. finding of business, including public business, for VinCore’s clients. Vince Russo was Frank
  266. Russo’s son.
  267. 77. Solutions was a client ofVinCore.
  268. 78. Robert Rybak (“Rybak”) was the Business Manager of Plumbers Local Union
  269. No. 55 from on or about July 20, 2004, until in or around September 2010.
  270. 79. Anthony Melaragno and Nicholas A. Zavarella were business men who provided
  271. free and discounted work on the DIMORA residence in exchange for DIMORA performing
  272. official acts.
  273. 80. Anthony O. Calabrese, Ill (“C'alubrese”) was an attomey licensed to practice law
  274. in the State of Ohio and a partner in Law Finn 1 doing business in the Northern District of Ohio
  275. and elsewhere. Calabrese also served as a lobbyist/consultant for clients seeking public
  276. contracts.
  277. 81. Business Executive or Employee 43 (“BE43”) was employed by Business 49.
  278. 82. Business Executive or Employee 44 (“BE44“) was the president and CEO ofa
  279. construction company.
  280. 83. Business Executive or Employee 45 (“BE45”) was a 10% owner ofNeteam.
  281. 84. Business Executive or Employee 46 (“BE46”) was the controller of Doan.
  282. 85. Business Executive or Employee 47 (“BE47“) was an employee of Neteam.
  283. 86. Business Executive or Employee 49 (“BE49”) was an employee of Doari.
  284. 87. Business Executive or Employee 50 (“BE50”) was a local business person.
  285. ll
  286.  
  287. [pagebreak]
  288. Case: 1:11-cr-00491-JG Doc #: 1 Filed: 10/20/11 12 of 91. F’age|D #: 12
  289. 88. Business Executive or Employee 51 (“BE5l") worked in the municipal bond
  290. industry.
  291. 89. Business Executive or Employee 52 (“BE5Z”) was an attorney employed by Doan
  292. 90. No paragraph 90.
  293. 91. Business Executive or Employee 60 (“BE60”) was an employee of Doan.
  294. 92. Relative 3 was a relative of BE60,
  295. The Grand Jury further charges:
  296. COUNT l
  297. (18 U.S.C. §l962(d)(RICO Conspiracy)
  298. 93. Paragraphs I through 92 of this Indictment are re-alleged and incorporated by
  299. reference as if fully set forth herein.
  300. The Enterprise
  301. 94. At all times material to this Indictment, Defendant MICHAEL FORLANI, Doan,
  302. certain employees of Doan, Solutions, Neteam, Veterans Development, Veterans Development
  303. Domiciliary, LLC, Wade>Park Retail, LLC, Fedco, Deep Three, and others known and unknown
  304. to the grand jury, constituted an “Enterprise” as that term is deiined in Title 18, United States
  305. Code, Section l96l(4), in that they were a group of individuals, corporations and other legal
  306. entities associated in fact. The enterprise constituted an ongoing organization whose members
  307. ftmctioned as a continuing unit for a common purpose of achieving the objectives ofthe
  308. enterprise. The enterprise engaged in, and its activities affected, interstate commerce.
  309. 95. Defendant MICHAEL FORLANI was associated with the Enterprise,
  310. 12
  311.  
  312. [pagebreak]
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  314. Pugposes of the Defendant
  315. 96. The purposes of the defendant included the following:
  316. A. Using the power and authority of public officials for the personal and
  317. financial benefit of FORLANI, Doan and its employees, Solutions, Neteam, Veterans
  318. Development, Veterans Development Domiciliary, LLC, Wade Park Retail, LLC, Fedco, and
  319. Deep Three and their co-conspirators, and their designees.
  320. B. Using the power and influence of FORLANI, Doan and Neteam, for the
  321. personal and financial benefit of FORLANI, his co-conspirators and his designees.
  322. C. To promote, conceal and otherwise protect purposes (A) and (B) of the
  323. conspirators from public exposure and possible criminal prosecution.
  324. The Racketeering Conspiracy
  325. 97. Beginning in or around 2002 and continuing to on or about February 26, 2010, in
  326. the Northem District of Ohio, Eastem Division, and elsewhere, Defendant MICHAEL FORLANI
  327. and James C, Dimora (not charged herein), and others known and unknown to the Grand Jury,
  328. being persons associated with an enterprise engaged in, and the activities of which affected,
  329. interstate commerce, namely, the Enterprise, did knowingly and intentionally conspire with each
  330. other and others known and unknown to the Grand Jury to violate Title 18, United States Code,
  331. Section 1962(c), that is, to conduct and participate, directly and indirectly, in the conduct ofthe
  332. affairs ofthe Enterprise through a pattern of racketeering activity involving multiple acts
  333. indictable under the following provisions of federal law:
  334. I3
  335.  
  336. [pagebreak]
  337. Case: 1:11-cr-00491-JG Doc #2 1 Filed: 10/20/11 14 of 91. F’age|D #2 14
  338. A. 18 U.S.C. §§ 1341 and 1346 (Mail Fraud and Honest Services Mail Fraud);
  339. B. 18 U.S,C. §§ 1343 and 1346 (Wire Fraud and Honest Sen/ices Wire Fraud);
  340. C. 18 U.S,C. § 1951 (Hobbs Act Extortion); and
  341. D. 18 U.S.C. § 1512 (Tamper with a Witness, Victim or Informant)
  342. and multiple acts involving bribery chargeable under the following provision of state law:
  343. E. Ohio Revised Code Section 2921.02 (Bribery),
  344. It was part of the conspiracy that FORLANI agreed that a conspirator would commit at
  345. least two acts of racketeering in conducting the affairs of tl1e Enterprise.
  346. Manner and Means of the Conspiracy
  347. 98. It was part ofthe conspiracy that:
  348. 99. FORLANI attempted to expand, develop and maintain his business interests by
  349. providing and offering to provide things of value to Dimora, Kevin Kelley, Sabra Pierce Scott,
  350. Santina Klimkowski, John Carroll and other public officials in exchange and in return for
  351. Dimora, Kelley, Pierce Scott, Klimkowski, Carroll and other public officials using and promising
  352. to use their official positions 'to benefit him (FORLANI), Doan, Neteam, Solutions, Veterans
  353. Development, Veterans Development Domiciliary, LLC, Wade Park Retail, LLC, Fedco, Deep
  354. Three and their designees.
  355. 100. FORLANI assisted others in providing and offering to provide things of value to
  356. Dimora, and other public officials in exchange and in retum for Dimora and other public officials
  357. using and promising to use their official positions to benefit the others.
  358. 101. For the benefit of FORLANI, Doan, Neteam, Solutions, Veterans Development,
  359. Veterans Development Domiciliary, LLC, Wade Park Retail, LLC, Fedco, and Deep Three and
  360. 14
  361.  
  362. [pagebreak]
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  364. 1
  365. their designees, Dimora, Kelley, Pierce Scott, Klimkowski, Carroll and other public officials
  366. used and agreed to use the powers of their public positions to take, cause to he taken, and
  367. influence official actions, including actions in connection with: (1) awarding public business, (2)
  368. executing public business, (3) awarding and administering public loans, grants and other funding,
  369. (4) cxpediting, facilitating and influencing official action in matters pending before public
  370. agencies, (5) influencing and attempting to influence official actions by other public entities, and
  371. (6) influencing and attempting to influence private individuals and entities, in exchange and in
  372. retum for things of value for themselves and their designees, to which they were not entitled.
  373. 102. Dimora agreed to use his power as the Cuyahoga County Democratic Party
  374. chairman to assist FORLANI in providing things of value to Kelley in exchange and in retum for
  375. Kelley performing and promising to perform official acts for the benefit of Doan,
  376. 103. At times, Dimora, Kelley, Pierce Scott, Klimkowski, Carroll and FORLANI acted
  377. as intermediaries and through intermediaries.
  378. 104. FORLANI, Dimora, Kelley, Pierce Scott, Klimkowski and Carroll and other
  379. members ofthe conspiracy committed and attempted to commit various acts in furtherance of the
  380. conspiracy, including the facts more fully described, and incorporated herein, in the factual
  381. allegations of Counts 2 through 18 of this Indictment,
  382. All in violation of Title 18, United States Code, Section 1962(d).
  383. The Grand Jury further charges:
  384. COUNT 2
  385. (Hobbs Act Conspiracy, 18 U.S.C. § 1951)
  386. 105. Paragraphs 1 through 4, 6 through 7, 10 through 21, 23 through 30, 32 through 38,
  387. 15
  388.  
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  391. >
  392. 44, 47 through 53, 60 through 61, 63, 66, 68 through 73, 80 through 83, 85 through 86, 88
  393. through 89, and 91 through 92 of this Indictment are re-alleged and incorporated by reference as
  394. if fully set forth herein.
  395. THE CONSPIRACY
  396. 106. Beginning in or around 2002 and continuing until on or about December 31, 2008
  397. the exact dates being unknown to the Grand Jury, in the Northem District of Ohio, Eastem
  398. Divisioniand elsewhere, Defendants MICHAEL FORLANI and JAMES C. DIMORA, and BE60
  399. and others known and unknovim to the Grand Jury, did knowingly and intentionally combine,
  400. conspire, confederate and agree with each other to obstruct, delay and affect commerce and the
  401. movement of articles and commodities in commerce by extortion; that is, DIMORA, with the
  402. assistance of FORLANI and BE60, obtained property not due to him or his office, from Neteam
  403. and Dean with their consent, under color of official right.
  404. OBJECTS OF THE CONSPIRACY
  405. 107. It was an object ofthe conspiracy that DIMORA solicited and accepted things of
  406. value, from Doan and Neteam, in retum for DIMORA using and promising to use his County
  407. position to benefit Doan, Neteam, Veterans Development, Ontario Point, Deep Three, and
  408. Relative 3, both as requested and as future opportunities arose.
  409. 108. It was a further object of the conspiracy that the conspirators concealed and
  410. attempted to conceal the bribes described in this Count of the Indictment from law enforcement
  411. and the public, I
  412. MANNER AND MEANS
  413. 109. It was part of the conspiracy that:
  414. 16
  415. i
  416.  
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  419. 1 10. Doan and Netwm provided free and discounted home improvements and other
  420. things of value to DIMORA and his designees.
  421. I 11. DIMORA provided and promised to provide official action for the benefit of
  422. Doan, Neteam, Veterans Development, Ontario Point, Deep Three, and Relative 3 and their
  423. designees.
  424. The Neiheiser/Forlani Relationship
  425. 1 12. FORLANI and Neiheiser worked together on various contracts, often bringing
  426. each other’s companies into projects.
  427. The Generators Contract
  428. 113. ln or around November 2004, the County Commissioner awarded Doan a contract
  429. valued at approximately $941,000 to install emergency generators at the Justice Center.
  430. The Juvenile Justice Center Pro|'ect 1“JJC Project"l
  431. 114. As early as 2005, Cuyahoga County officials started planning for the construction
  432. of a new Juvenile Justice Center (“JJC Project”). In approximately November 2007, the County
  433. issued a request for Proposals ("RFP”) for the JJ C Project. In approximately December 2007, the
  434. County Commissioners authorized the Department of Central Services to advertise for bids. ln
  435. approximately January 2008, Doan, in anticipation of preparing a bid for the electrical portion of
  436. the JJ C Project, conducted a walk through. On or about February 22, 2008, Doan submitted a
  437. bid for the electrical portion.
  438. 115. Reliance Mechanical also submitted a bid for the HVAC and plumbing portion of
  439. the JJ C Project. The bids of Doan and Reliance Mechanical were not low, and thus, were not
  440. successful. Thereafter, on or about March 13, 2008, the County Commissioners voted to reject
  441. 17
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  445. all ofthe bids on five portions ofthe contract, including plumbing, and authorized the County
  446. Director of the Office of Procurement and Diversity to re-advertise for bids. On or about April 7,
  447. 2008, Reliance Mechanical submitted a second bid for the plumbing portion ofthe JJ C project.
  448. 1 16. In approximately February and March of 2008, FORLANI sought and obtained
  449. DlMORA’s assistance in investigating the Minority Business Enterprise (“MBE") of the wirming
  450. electrical bidder and providing other assistance regarding Doan’s bid.
  451. The RTA Contract
  452. I l7. On or about March IS, 2008, RTA voted to award Neteam a contract for the
  453. Breda Light Rail Audio Communications and Video Surveillance System (“the RTA contract”)
  454. valued at approximately $l,l76,570. FORLANI sought and obtained DIMORA’S assistance in
  455. influencing two RTA board members regarding the award of the RTA contract.
  456. Ontario Point
  457. 118. FORLANI had a financial interest in real estate known as Ontario Point at the
  458. comer of Ontario Street and Carnegie Avenue in Cleveland, Ohio. FORLANI, upon leaming that
  459. he could not build on the site, considered placing an electronic billboard on the site from which
  460. income could be generated. Forlani needed permission from the Ohio Department of
  461. Transportation (“ODOT”) to put a billboard at Ontario Point, In furtherance of developing
  462. Ontario Point, F ORLANI sought and obtained DIMORA’S assistance in influencing PE58 and
  463. BE43.
  464. VA Project Funding
  465. l l9. VA Development LLC was engaged in a project to develop facilities for use by
  466. the Louis Stokes Cleveland Veterans Affairs Medical Center in Cleveland, Ohio (the “VA
  467. I8
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  471. Development Project”). In 2007 and 2008, FORLANI requested and obtained assistance from
  472. DIMORA in pursuing funding for the VA Development Project.
  473. Appointment of PE61 to the Port Authorig Board
  474. 120. FORLANI sought and obtained DIMORA`s support for PE61 ’s appointment to
  475. the Port Authority Board.
  476. VSC Office Relocation
  477. lZl. In or around May 2008, FORLANI sought and obtained DIMORA`s assistance in
  478. attempting to influence the VSC to move its ofiice from downtovim Cleveland, Ohio to the VA
  479. Development Project in the Wade Park neighborhood of Cleveland.
  480. Emplo§@ent for Relative 3
  481. 122. In or around March 2008, BE60 requested and obtained DIMORA’s assistance in
  482. obtaining County employment for Relative 3.
  483. The Doan/Deep Three Partners Loan
  484. 123, On or about August 29, 2006, FORLANI sought and obtained a County economic
  485. development loan for the purchase of 5060 Corbin Drive by Doan/Deep Three Partners.
  486. DIMORA voted to approve the loan.
  487. Acts in Furtherance of the Conspiracy
  488. 124. In or around August 2002, Doan performed work at the DIMORA residence at a
  489. discount.
  490. 125. In or around late September and Fall 2004, Doan perfonned work at the DIMORA
  491. residence, billing DIMORA for materials, but not for labor.
  492. l26. On or about November 9, 2004, DIMORA voted to award Doan a County contract
  493. 19
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  497. valued at approximately $941,000 for the installation of emergency generators at the Justice
  498. Center.
  499. 127. On or about December 14, 2004, DIMORA voted to appoint PE61 to the Port
  500. Authority Board for an unexpired temt ending in January 2008.
  501. 128. In or around the Sumner of 2006, FORLANI, Doan, Neteam, and others installed
  502. an outdoor television and an indoor audio/visual system, valued at approximately $12,578 in
  503. total, at tl1e DIMORA residence for which DIMORA did not pay.
  504. 129. In approximately July 2006, Doan/Deep Three applied for a $350,000 Economic
  505. Development loan from the Cuyahoga County Department of Development.
  506. 130. On or about August 29, 2006, DIMORA voted to approve the $350,000 economic
  507. development loan to Doan/Deep Three.
  508. 131. On or about January 18, 2007, FORLANI caused Neiheiser to issue a Reliance
  509. Mechanical check in the amount of $5,000 payable to Neteam as a payment for part of the cost of
  510. installing the television and audio/visual system Neteam had installed in the DIMORA residence
  511. in July 2006.
  512. 132. On or about October 12, 2007, FORLANI caused Business 53 to issue a check to
  513. Neteam in the amount of $7,578.12 as a payment for the cost of the television and audio/visual
  514. system Neteam had installed in the DIMORA residence in July 2006.
  515. 133. On or about December 4, 2007, Neteam, in an effort to obtain the RTA Contract,
  516. submitted a proposal to RTA.
  517. 134. On or about January 3, 2008, DIMORA voted to appoint PE61 to the Port
  518. Authority Board for the term January 29, 2008 through January 28, 2012.
  519. 135. On or about January 16, 2008, FORLANI, in an effort to obtain funding for the
  520. VA Development Project, left a message at DIMORA’s office seeking a telephone number for
  521. BE50.
  522. 136. On or about January 18, 2008, DIMORA, FORLANI, PE58 and BE43 met to
  523. discuss Ontario Point.
  524. 137. On or about February 21, 2008, DIMORA and FORLANI had a conversation
  525. about Ontario Point in which FORLANI asked DIMORA to call BE43 “to have somebody give
  526. the inspector a little kick in the ass." DIMORA responded, “PE58 would do that. That’s why, he
  527. didn’t tell me that. I’l] call him now and ask him ‘cause I got a couple minutes. I`l1 call him
  528. 20
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  532. back.”
  533. 138, On or about February 22, 2008, Doan submitted a bid for the electrical portion of
  534. the JJC Project.
  535. 139. On or about February 22, 2008 at approximately 2:24 p.m., DIMORA talked with
  536. BE43 and told him that FORLANI had been asking DIMORA why BE43 doesn’t call PE58 and
  537. ask her to intercede with an ODOT inspector on the Ontario Point sign, BE43 said, “Ok. Yeah,
  538. we can do that.” DIMORA said, “He [FORLANI] thinks you guys could just call her and ask her
  539. to do it. Get involved and help, ah, you know, help, ah, direct it or guide it because it’s in her
  540. district, you know, this piece of property." BE43 said he would contact her, DIMORA said,
  541. “Yeah, if there’s any problem alter you talk to her let me know. I’ll call her.” DIMORA
  542. concluded by saying, “We need her to get the inspector . , . Let me know if there is something I
  543. need to do."
  544. 140. On or about February 22, 2008 at approximately 2:40 p.m,, DIMORA and BE43
  545. had a second conversation about Ontario Point in which BEA3 reported on his progress.
  546. DIMORA said, “We’re just trying to get an expedited answer, that’s all, or at least n'y to get to
  547. the point where we need to know what we need to get done to make it work or to make it
  548. happen.” BE43 said, “Do you want me to call MIKE [FORLANI] and tell him what we`re
  549. doing?" DIMORA said, “Yeah. l-Ie’ll, he’1l be interested to know that. Least he knows you
  550. guys are trying to, ah, move it along, you know, get a little more, ah, aggressive with it.” BE43
  551. responded, “Alright I’ll, I’ll give him a call so he knows what we’re, what we’re doing.” Later,
  552. DIMORA said, “Yeal-i. He’11be fine with that. His bottom line is he just wants to get the ok, So
  553. he don’t care if you get it through the inspector, through PE5 8, you know, long as you can get it.”
  554. 141, On or about February 22, 2008 at approximately 3:18 pm., DIMORA asked PEI 1
  555. to give DIMORA the bids on the JJ C Project so DIMORA could “see where the rankings are . _ .
  556. so Ijust want to have them so when they start calling me on the weekend, I’ll have a, I’ll have the
  557. paperwork so I could see it for mysel£“
  558. 142. On or about February 22, 2008 at approximately 3:39 p.m,, DIMORA explained
  559. to PE1l that he wanted to know “who the lowest two or three” bids were for all thirteen
  560. categories on the JJC Project.
  561. 143, On or about February 22, 2008 at approximately 3:48 p.m., DIMORA and
  562. FORLANI had a conversation about the bids on the JJ C Project in which FORLANI said the only
  563. possible problem for Business 47 [the low bidder] was whether “they did their minority [MBE]
  564. right.” FORLANI expressed doubt Business 47 had made a mistake with its SBE. DIMORA
  565. and FORLANI then discussed the possibility of Doan doing the electrical subcontract for another
  566. bidder.
  567. 21
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  571. 144. On or about February 22, 2008 at approximately 3:58 p.m., DIMORA and
  572. FORLANI had a conversation in which they discussed the JJ C Project bids. FORLANI
  573. complained that his bid was only $53,000 over Business 47’s bid. FORLANI said, “I have to get
  574. my resignation as a sponsor now based on the events of today." FORLANI then asked DIMORA
  575. to “see if they got minority problems," referring to the MBE portion of Business 47’s bid,
  576. DIMORA responded, “Problem is though, if we award it to you, they sue for sure, right?"
  577. FORLANI stated, “Oh yeah, yeah, unless there’s a problem in the minority side, JIMMY.”
  578. FORLANI told DIMORA to call DIMOR.A’s “spies” to find out if Business 47 had its minority
  579. covered.
  580. 145. On or about February 22, 2008 at approximately 4:02 p,m., DIMORA and Frank
  581. Russo had a conversation in which DIMORA told Russo that FORLANI was “sick to his
  582. stomach” about losing the JJ C contract.
  583. 146. On or about February 22, 2008 at approximately 4:03 p.m., DIMORA and PEI I
  584. had a conversation about the JJC Project in which DIMORA said, “'I`here’s an SBE component
  585. on that . _ . Have him [PE10] check the electrical and see what he thinks, if, ah, Business 47 met
  586. it or got a probIem.” Dimora continued, “ Let me uh, know on the electric if the SBE’s t` -'-~ d up
  587. on Business 47. Business 47’s the lowest one? _ . , Just tell him to check it, check that one and
  588. give ya a, an idea if there’s any issue or if it looks like a good solid bid.”
  589. 147. On or about February 22, 2008, a Friday, at approximately 4:08 p.m., PE11 told
  590. DIMORA that PEI 0 had left the building and would not be back until Monday at which time he
  591. could provide an answer for DIMORA. DIMORA responded by asking if another employee
  592. could check. PE11 said he would (ind out. DIMORA said, “Just check the electrical, that’s all, I
  593. just want to see if they are in or out."
  594. 148, On or about February 25, 2008 at approximately 9:40 p.m., DIMORA and
  595. FORLANI had a conversation about the JJC Project in which DIMORA said, “That Business 47,
  596. I don’t know how you are gonna knock them out. I am sick to my stomach with these bids.”
  597. FORLANI replied, “Yeah, what ya gonna do, JIMMY? The way it is, man. Uh, the, was their
  598. minority at 30% JlMMY?” DIMORA replied in the affirmative. Later, FORLANI said, “I just
  599. have to curtail sponsorships altogether.” DIIVIORA replied, “Yeah, have to find new sponsor
  600. now. I actually took your phone number out of my phone.” FORLANI responded, “That’s ck.”
  601. DIMORA said, "’Til the next bidding process comes up.”
  602. 149, On or about February 26, 2008 at approximately 1:07 p.m., BE60 told DIMORA's
  603. wife that FORLANI needed to see DIMORA “desperately," Dimora’s wife said, “See him?” and
  604. BE60 replied, “See him.” DIMORA`s wife responded that DIMORA was asleep. BE60 asked if
  605. Dimora could call them when he awoke. Dimora’s wife agreed to convey the message.
  606. 150. On or about Febmary 26, 2008 at approximately 3:41 p.m,, DIMORA told Frank
  607. Russo that FORLANI had told DIMORA that FORLANI wanted PE10 to recommend Doan over
  608. 22
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  612. the low bidder on the JJC Project. DIMORA said, “So you know it`s gonna come dovm to, ah,
  613. the recommendation’s gotta come from Procurement and Diversity, I‘m assuming.” Russo
  614. responded, “Hmmhmm, see that’s why you need your guy up there.” DIMORA said, “Yeah but
  615. here’s the other problem. Then you gotta get the Commissioners to say, ‘wait a minute` ’cause
  616. they’re gonna look at it, P010 and PO9, they’re gonna say the low bidder is this guy what are
  617. you knocking him out for?” Russo responded, “Hn°imn-imhmmmm. I know. You’re in a pickle
  618. no matter what.” DIMORA said, “It’s always a f ----- g pain." Later in the conversation,
  619. DIMORA said, “Then FORLANI he couldn’t have been the low bidder. I-Ie had to be the f -»--- g
  620. second." Russo responded, “I tell all these guys, go in low and just add a thing or two on as you
  621. go along.” DIMORA said, “Yeah” Russo responded, “But they don‘t listen.”
  622. 151. On or about February 26, 2008 at approximately 5:08 p.m., DIMORA and Russo
  623. had a conversation about the JJC Project in which DIMORA said, “Then FORLANI says, ‘you
  624. gotta have PEl0,’ I ain’t gonna do that." Russo said, “Oh, I’m afraid of PEIO, JIM.” DIMORA
  625. responded, “They’re not gonna do it anyways, what the, the low bidder is the low bidder.” Russo
  626. said, “I know, but you can find something wrong with the bid if you really rip it apart.”
  627. DIMORA replied, “Frank, who’s going to let you do that? They’re gonna take your ass right into
  628. federal court , . . C`mon it’s 12 million dollars. Who’s gonna let you just take that away from
  629. them?" DIMORA continued by saying, “Well, they’re gonna sue. I mean, then we gottajustify
  630. it. How you gonna justify it?” Later in the conversation, DIMORA conferenced FORLANI onto
  631. the call. FORLANI said, “Frank, this, JIMMY he’s falling apart on us right now by the way.”
  632. Russo said, “But he [DIMORA] is gonna hold it all together. It is gonna be a little bit rough, but
  633. he’ll do it. It is gonna be a little bit a rough and a lot ofhurdles but I think it will all work out.”
  634. FORLANI said, “I’m not talking about that. I’m talking about his health,” Russo replied, “Oh
  635. his health. They’re not gonna kill us, only the good die young. We’re not good.” DIMORA
  636. responded, “Yeah, We’re not good,” FORLANI said, “The more I thought about that other thing,
  637. I wouldn’t even let you vote. If the other two guys didn’t vote, and you had to vote, then I
  638. wouldn’t let you do it. Honest to God." DIMORA replied, “We got to talk to this PEIO. We
  639. gotta see.” FORLANI said, “You know what I am saying, buddy I wouldn’t let you do that. F»-k
  640. it, it ain’t worth it.” DIMORA responded, “We gotta see ifPEl0’s, ah, ifPE]O’s group is
  641. willing to do that. Then we gotta see if POIO and P09 is willing to do that.” FORLANI said,
  642. “You’d have to make somebody an offer they can`t refuse.” DIMORA responded in the
  643. affirmative and then FORLANI said, “And I don’t want that to happen if it’s you know.” Russo
  644. interrupted and said, “It’s not impossible, let`s put it like that. Here’s the thing. Doesn’t it kill
  645. you for the $50 f ----- g thousand?" FORLANI said, “Frank, here is what I did. Italked to BE60.
  646. We wrote a letter. We issued a letter to all oi; some of my favorite friends and whatever and said
  647. due to circumstances of no help and extending circumstances I can no longer be counted on for
  648. any sponsorships whatsoever until the year 20l7.” DIMORA laughed. Russo said, “I would go
  649. 10 years 2018.” FORLANI replied, “And I’ll spend most of my time at the pool next year
  650. fumishing nothing.”
  651. 152. On or about February 27, 2008, DIMORA and FORLANI had a conversation
  652. regarding Ontario Point in which DIMORA reported to FORLANI about his conversation with
  653. 23
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  657. BE43.
  658. 153. On or about February 29, 2008 at approximately 2:19 p.m., DIMORA and
  659. FORLANI had a conversation about the JJC Project in which DIMURA said, “We were looking
  660. for help. We were all limping here, you know.” FORLANI replied, “You were looking for a
  661. sponsor." DIMORA said, “No, we got that.” FORLANI said, “People don’t understand that
  662. eleven million nine hundred thousand dollars needs to be resolved or there is no sponsors."
  663. DIMORA replied, “Yeah, there’s a 50/50 chance, just so you know, and I don’t want to get your
  664. hopes up, that the whole thing might get thrown out.” FORLANI questioned the MBE for the
  665. winning bidder after which DIMORA said, “They think we could probably do a better job and
  666. get a better price.” FORLANI asked, “And throw the whole thing out'?” DIMORA replied,
  667. “That‘s what they’re talking about, 50/50 shot,” FORLANI asked, “Did you talk to PEl0 by the
  668. way?" DIMORA replied, “He’s not in tovim. He’s on vacation. He’ll be back Monday."
  669. FORLANI replied, “Cause the more I think about this plan, JIMMY, our plan looks like, now
  670. J IMMY, the one thing is the electrical is way below the budget _ . . alright we’ll see what
  671. happens."
  672. 154. On or about February 29, 2008 at approximately 4:39 p.m., DIMORA and
  673. FORLANI continued their conversation about the JJC Project. FORLANI said, “Now I think
  674. that on the electrical side due to the ah inconsistencies in their minority program and naming one
  675. guy who certainly cannot do that magnitude of work compared to somebody that named six guys
  676. including women, Hispanics, African Americans, ah and spreading the work so it was reasonable
  677. for those people to be able to accomplish that work based on their prior history of work
  678. performed. The electrical contract should be awarded.” Laughter followed and DIMORA said,
  679. “The only one we should award that right?” FORLANI said, “Yeah, because it’s significantly
  680. below budget _ . , Throw ‘em all out, f-~k ‘emm,” DIMORA responded, “That’s what I think
  681. they should do,” FORLANI then said, “Matter of fact as I look around here I thought I might
  682. spend tomorrow looking at a lot of these pools I see because they’re all open and maybe take
  683. some notes for maybe what you might UI."
  684. l55. On or about March 2, 2008, DIMORA and FORLANI had a conversation about
  685. the JJC Project in which FORLANI told DIMORA the County should throw all the bids out
  686. because they were over budget. FORLANI also said he would still like to see PEIO to “walk
  687. throughjust in case it, that does get re~bid and show him the difference between a real,
  688. something that’s real and something that’s b---s--t,” referring to FORLANI’s SBEs compared to
  689. Business 47’s. DIMORA responded, “Yeah”
  690. l56. On or about March 3, 2008, DIMORA and FORLANI had a conversation about
  691. the JJC project. FORLANI said to DIMORA “Um, um BE44 called me. I guess PEl0 is back.
  692. Did you, did you, did you talk to him?” DIMORA replied “Yeah, I talked to PEl0 today, yep . . .
  693. yep I gotta, I already put the bug in his ear and told him to take a look at, ah, all the packages and
  694. if there’s enough of them, ya know, I said to him, ‘Shouldn’t we just throw ’em out and keep
  695. going?’ So ah, they’re analyzing em all and I mentioned about the SBE on the low on electrical
  696. 24
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  700. about how many how short they were and how are they gonna actually and he said, ‘Well I check
  701. all that out to see if` they could even qualify. Ifthey‘ve even done anything similar in size,
  702. comparison to the SBE package that they put in with us on thisf” FORLANI responded, “Oh
  703. good that could help then.” DIMORA continued, “So t.hat‘s what he analyzes. He analyzes the
  704. SBE‘s capability to see if they could do the 30 percent or not. From past, uh, contracts that
  705. they’ve been awarded _ _ . so you might have a shot there,” At the end ofthe conversation,
  706. FORLANI said to DIMORA “Hey Jimmy, Jimmy. Don’t forget to tell PE] 0 we gotta a Spanish
  707. man there, we got a woman, we got” DIMORA interrupted and said, “He saw it. He says you
  708. guys had six . _ . he said one you got the same with Business 47 he said too." FORLANI
  709. responded, “But it’s much smaller ‘cause it’s not a sham,” DIMORA said, “Right”
  710. 157. On or about March 4, 2008, in an effort to obtain the RTA contract, Neteam
  711. submitted a Revised/Negotiated Response to Request for Best and Final Offer to RTA,
  712. l58, On or about March 6, 2008, FORLANI and DIMORA had a conversation
  713. regarding the JJC Project. DIMORA said that P010 had told BE44, “You [BE44] decide who
  714. We award the bids to and who we reject. I don’t wanna hear nuthin’ about it .... You okay with
  715. that, DIMORAT’ DIMORA told FORLANI his response to P010 was, “Yeahl Absolutely.”
  716. DIMORA told FORLANI, “So if you got any drag with this BE44, tell him to kick out the f ---- n’
  717. electrical. [POIO] gave him a f` ---- n‘ green light.” FORLANI responded, “Yeah, but JIMMY,
  718. uhh, is this, is he throwing out the general, ’cause, you guys making him throw out the general
  719. bid?” DIMORA responded, “That’s definitely going _ _ _ But [PO10, POIU] said, ‘If you t.hink
  720. we should award a bid to a specific trade, we’ll do it. If` you think we should throw it out, that’s
  721. what we hired you for. That’s not up to us.”’ FORLANI said, “Yow!” DIMORA said, “Gave
  722. him carte f ----- g blanche when he left.” FORLANI replied, “WoW! Why? He [BE44] came in to
  723. see you guys?" DIMORA responded on the affirmative and said, “We didn’t talk to him for five
  724. f -»-- n’ minutes, [POI0] said, ‘You make, you make the recommendations, we’]l support it.”’
  725. FORLANI replied, “Yowl But you told him he’s definitely gotta throw out the GC bid'?”
  726. DIMORA said, “Oh, he did, definitely gotta go out, the bond’s no good. They’re gonna rebid it,
  727. and they’re gonna raise the estimate, [BE44] said he f ---- d up. He put it too low. It’s not the
  728. right number. So they‘re gonna raise that and rebid t.he G, but, you know What? I think they’re
  729. gonna rebid most of it. You should tell ’em to, you should tell ’em to do the electrical. ‘Cause I
  730. said to [BE44] when he left, I says, ‘You know what you need to do right? You know all the
  731. things you need.‘ He [BE44] says, ‘I know exactly what I gotta do.’ Whatever the f--k that
  732. means.” Later in the conversation, Michael Gabor talked on DIMORA’s phone with FORLANI.
  733. In the background, DIMORA yelled that FORLANI should call BE44, which Gabor repeated to
  734. FORLANI.
  735. 159. On or about March 7, 2008 at approximately 9:49 a.rn., DIMORA and BE44 had a
  736. conversation about the JJC contract in which BE44 said, “Man, why are you beating me down so
  737. bad, man?" DIMORA responded, “Uh, you mean in the meeting? . . . Oh I just, I thought we
  738. were going to throw everything out. See they told me originally, [PEIO] said, ‘We’re going to
  739. throw everything out.’ That’s whyI was kind of pissed off at them, They b---s--t me you know.
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  744. They, they tell me what I wanna hear and then in the meeting with the other Commissioners, you
  745. know, they change the f ----- g plan, They already knew thatl guess. You know I talked to
  746. [PE10] on Tuesday and he said, ‘Oh we’re gonna throw these f ----- g bids out, it’s too close to the
  747. ten percent’ . , . So you know then they come in, you guys come in yesterday and then we kept,
  748. you know, part ofthe bids." BE44 replied, “I was trying to go, just so you know, I was trying to
  749. go with everything, you know, with [a named person] and then try to get Doan in. You knowl
  750. had, I had, my little plan and then, you know, but I’m, I’m not in the decision making role , _ .
  751. [PEIO] was out of town ’til Monday. I hadn`t even, hc was, hc was, he disappeared from the
  752. whole world .... And then, and then showed back up so, ah.” DIMORA said, “His usual b---s--
  753. t. That’s why I can’t wait for him to retire . , . So you know I’m gonna, you know I got a call into
  754. the prosecutor cause obviously they wanna give the bid to [a named company], See, when they
  755. wanna do something they say whatever they Wanna say, you understand.” Later, BE44 said, “If
  756. there is an issue man and, and you got any concems, just call me. I mean 1 don’t, I don’t make
  757. the decisions on the, ah, but, but ljust want you to know this isn’t gonna be a, if; if we can get
  758. the good, if we can get a same compliment of union guys, I mean, I, 1 see, that’s what I was
  759. excited about was when you look at this thing, I`d like to get FORLANI in there it; if he`s passes,
  760. if he’s got a better SBE plan than Business 47. But see that’s [PE10's] decision," DIMORA
  761. replied, “Yeah, he already said no, he said [Business 47] had a better SBE I guess." DIMORA
  762. and BE44 went on to discuss the MBE component of the electrical bids, with BE44 stating that
  763. “FORLANI is a really good guy” and that FORLANl’s MBE was “viable” BE44 said, “I just
  764. hope we’re on, you know, again I, I, we’re gonna pull it back together, JIMMY, We’re not
  765. gonna, ah, and, and it’s all union and hopefully we can get a, you’ll get ah, good group in there in
  766. the second go round." DIMORA said, “Yeah, let‘s hope.”
  767. 160. On or about March 7, 2008 at approximately 11:46 a.m., DIMORA and
  768. FORLANI had a conversation in which FORLANI said, “[BE44] leti me a message this morning
  769. that they’re, they’re going forward with the electrical, so obviously he didn’t understand what the
  770. f--k you told him . . _ It would be up to you guys to get a birdie to him to say rebid everything.”
  771. DIMORA said, “Yeah.”
  772. 161. On or about March 7, 2008 at approximately 12:42 p.m., DIMORA and PEIO had
  773. a conversation regarding the JJC bids, DIMORA says to PE10, “The other thing is, the, ah, the
  774. electric contract on that thing. Can you double cheek it? You’re sure the, the minorities, the
  775. SBEs _ . . is able to handle the amotmt of work they say they are able to handle?" PE10 replied,
  776. “Yeah, well we, what I did Was, I pulled their tile and l looked at their financials. A.nd I, I`d be
  777. happy to share it with you so you can see it. Ah, I pulled their financials and I looked at their,
  778. their contract history. And they’ve done, you know, almost two million dollars per contract in a
  779. lot ofinstanoes . . , They seem to be ok, I mean.” PE10 said he would pull their file and send
  780. some information over to DIMORA so he could see some ofthe contract history.
  781. 162. On or about March 10, 2008, Doan employees worked on baseboard heating at the
  782. DIMORA residence for which DIMORA was not billed,
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  787. 163. On or about March 10, 2008 at approximately 9:29 a.m._ 131360 leli a message lor
  788. DIMORA asking that he give her a call.
  789. 164. On or about March 10, 2008 at approximately 11:51 a.m., 131260 faxed Relative 3's
  790. resume to D11\/[OR/\.
  791. 165. On or about March 10, 2008 at approximately 1:30 p.m,, DIMORA and Lori
  792. Dimora had a conversation about a DOAN worker at Dl\fl0R_A’s residence fixing at thermostat.
  793. 166. On or about March 13, 2008, DIMORA voted to reject bids in live areas related to
  794. the JJC proieet, including plumbing, and to authorize the Director ofthe Office of Procurement
  795. & Diversity to re-advertise for bids.
  796. 167, On or about March 17, 2008 at approximately 3134 pm.. BE60 told DIMORA
  797. that FORLAN1 had asked her to call DIMORA, to inform DIMORA that Neteam had submitted a
  798. proposal to RTA. She said FORLANI was concerned that P022 and P023 would not recognize
  799. Neteam as a FORLAN1 company, FORLAN1 wanted DIMOR./\ to bring that to the attention ot`
  800. P022 and PO23. DIMORA agreed to make calls,
  801. 168. On or about March 17,2008 at approximately 4:26 p.m., D1MORf\`s assistant
  802. connected 1.)11\/IORA to P022 by telephone. D11\/[ORA said FORLANI “has a proposal in RT/\
  803. and l1E.‘j\lS(\V€l!11S{O make sure you know that this is his company. 1t’s not Doan Pyramid. 1t’s
  804. under Nctcam AVI. 1t’s for LRV Audio Communication and Survtxillance system. 1 guess you
  805. guys are gonna be awarding it very soon at RTA." P022 said, "lt may be on our agenda for
  806. tomorrow, but unfortunately 1 atn in the oar. . _ Do me a favor, do me a lavor. Have your
  807. secretary call him and just tell him to call me on the cell phone. His cell phone works, I1` it is
  808. there, it’s there. lfit`s not, we’l1 figure out what we need to do. But he is doing all the, ah,
  809. electrical and signs on the. ali, Euclid Corridor proieut." DIMOR/\ responded, "Yes, but he
  810. didn't want, he didn`t want people not to know Netcam is his, too. You don`t know, you might
  811. not know, who, you know, that`s what the problem was. if it was Dean Pyramid you would
  812. know,"
  813. 169. On or about 1\'larch 17, 2008 at approximately 4:34 p.m., P022 called DIMORA
  814. back and reported, "J1MMY. lt is the lirst item on the agenda tomorrow " DIMORA asked, "ls
  815. is he getting it?’” P022 responded, "Yeah, N»E-T, Neteam AV1, is that the name ol`his
  816. company? Yeah. its first one on the agenda tomorrow. $1.2 million roughly.” DIMORA said.
  817. "Ok, so, 1 guess Ijust needed to make sure you knew lhatNetea1n, oh I get it, Here is what must
  818. have ltappened, lle leli me a voicemail, '1’m in Florida . . . please do me a Favor and get a hold
  819. ol` [PO22| and l1’O23] and let them know that Netcam is my company cause t|iey’rc not gonna
  820. put two and two togelheix’ So he must have been getting the award. He just wanted to make
  821. sure you knew who Neteam belonged to." P022 responded, "Honestly. they may not have told
  822. him, they’re real, they`re priclty over there ...' they don`t, they don’t do business there like you
  823. and 1 do business," D1l\/IORA said, "1 see. Well, il`he is getting it lhat`s good, then you know it
  824. 27
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  828. is his company.” P022 said, “Yeah, yeah, I’ll take care of it.”
  829. 170. On or about March 17, 2008 at approximately 4:49 p.m., BE60 called DIMORA.
  830. DIMORA told her, “They [RTA] are giving him that award. Did you know that? , _ . lt’s the tirst
  831. item on the agenda for almost, it’s 1.8 some million dolla.rs, almost $1.2 million .... Tomorrow
  832. it‘s on. Netea.m’s getting it. ljust talked to, Ijust talked to [PO22]. He called me back and told
  833. me it is the first item on the agenda, So ljust made him aware that Neteam is also affiliated with
  834. FORLANI. That’s his, ah, audio visual company. So he knows that and l got a call into [PO23]
  835. to let him know that.”
  836. 171. On or about March 17, 2008 at approximately 4:56 p,m,, PO23 and DIMORA had
  837. a telephone conversation. DIMORA said, “Thanks for calling back. Hey, um, I’ll keep you just
  838. for a second here. Tomorrow, on your RTA board meeting there is a recommendation of an
  839. award for a communication and surveillance system to be installed by a company called Neteam
  840. . . . That company is owned by MIKE FORLANI of Doan Pyramid Electric. I just wanted you to
  841. know, you know, he is a good guy, um, and it is the same owner as Doan Pyramid, Neteam, and
  842. that, who’s being recommended. I don’t know if you know FORLANI. Do you know him?"
  843. P023 responded, “I know who he is. I don’t know ifwe ever met personally, but, yeah, I am
  844. very familiar with Dean,” DIMORA said, “ljust didn’t want, um, any confusion that somebody
  845. wouldn’t know that Neteam and Doan are affiliates.” P023 said, “Doan, I have no problem with
  846. Doan. I’ll be sure to support it.” DIMORA said, " Yeal1, so it is on your agenda, ah, it’s the first
  847. item on there, recommending Neteam, so if you would do that, that’s great, I just wanted to give
  848. you a heads up.” P023 said, “I appreciate that. We can do that.” DIMORA replied, “I
  849. appreciate it. Thank you.”
  850. 172, On or about March 17, 2008 at approximately 5:00 p.m., DIMORA left a message
  851. for BE60 saying “I got a hold ot" [PO23]. He’s fine. Everything’s good with him."
  852. 173. On or about March 17, 2008 at approximately 5:20 p.m., BE60 called DIMORA.
  853. DIMORA told her he had contacted P023, that P023 was “fine,” and that BE60 could “tell
  854. FORLANI.”
  855. 174. On or about March 18, 2008, the RTA Board voted to award Neteam a contract
  856. valued at approximately $1 , 176,570.
  857. 175. On or about March 18, 2008, DIMORA and Anthony Calahrese had a
  858. conversation about the VA Development Project in which DIMORA told Anthony Calabrese,
  859. “FORLANI is never going to sell this VA deal , . , You know, 1 put him in with [BE50] trying to
  860. get them to partner on this deal, you know. And he couldn’t even get [Business 50] with [BE50]
  861. involved in it."
  862. 176. On or about March 19, 2008 DIMORA and Russo had a conversation in which
  863. they discussed DIMORA‘s role in securing the RTA contract for Neteam. DIMORA said, “I just
  864. 28
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  868. got him $2 million,” Russo responded, “He lost the Electrical bid [on the JJC] that`s a shame
  869. isn’t it?” DIMORA said, “Yeah. I got him $2 million back from RTA," Russo asked, “Oh you
  870. mean you, they added on to his contract'?” DIMORA replied, “No I got him a, for Neteam, l got
  871. him $2 million dollar award for, uhh, communications system over there." Russo said, “Oh my
  872. God." DIMORA said, “So at least he got.” Russo interrupted and said, “You know he’s, he calls
  873. me up, he says, ‘You’s do nothing for me.’“ DIMORA replied, “I know. He’s full of s--t."
  874. Russo said, “He says that all the time to me.” DIMORA said, “BE60 called me, said,
  875. ‘MICHAEL [FORLANI] told me to tell you.’ I said, ‘Tell that m ---- 1' f -~-- r to, he should call me
  876. himselfnot have you call.’”
  877. 177. On or about March 21, 2008, FORLANI and BE45 had a conversation in which
  878. BE45 said, “Yeah, so, so, we got the contract from RTA.” FORLANI replied, “Yeah and that,
  879. that I told you, that was gonna be fine.”
  880. 178. On or about March 24, 2008, DIMORA and FORLANI had a conversation in
  881. which DIMORA said, “I had to help bail you out of another dilemma at RTA. While you were f-
  882. ----g vacationing, the f-~-~-g, the public servant is at work.” FORLANI replied, “That’s what I
  883. like.”
  884. 179. On or about March 31, 2008, Lori Dimora called BE47 and described a problem
  885. with the television in the DIMORA living room, BE47 said it was probably “fried” and would
  886. cost more to repair than to replace.
  887. 180. On or about April 1, 2008, RTA mailed a notice to proceed to Neteam which
  888. enclosed the executed contract.
  889. 181. On or about April 4, 2008, FORLAN1 received a message from his assistant about
  890. Ontario Point stating that BE43 had called regarding contact infonnation.
  891. 182. On or about April 6, 2008, FORLANI called PE58 at ODOT. When PE58
  892. answered the telephone, FORLANI said, “I-Ii, this is JIMMY DIMORA and Frank Russo’s
  893. personal secretary. Can I help youil” PE58 laughed and said, “The question is, how can I help
  894. you?"
  895. 183. On or about April ll, 2008 at approximately 12:53 p.m., DIMORA called BE60
  896. and told her that Relative 3 was going to “be taken care oi" He explained Relative 3 would be
  897. working in Justice Affairs and that PE1 I should be calling Relative 3 soon. BE60 asked if
  898. Relative 3 would get paid and DIMORA responded in the affirmative. BE60 responded, “You’re
  899. the best _ . , What can I do for you?" DIMORA then asked BE60 to have BE47 from Neteam
  900. come over and connect and program the new television DIMORA had received. BE60
  901. responded, “I’ll make sure . . . it would be my pleasure,”
  902. 29
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  906. 184. On or about April ll, 2008 at approximately 12:57 p_m., DIMORA called PEI l
  907. and told him he Wanted PEI I to arrange a summer position at the County for Relative 3.
  908. DIMORA told PEI] to call BE60, the aunt of Relative 3, and tell her the spot was lined up.
  909. DIMORA said he wanted to make sure they could count on the three jobs, one for each
  910. commissioner. He asked PEI I to try to “do it today.”
  911. 185. On or about April ll, 2008 at approximately 5:17 p_m., DIMORA called PEI I
  912. and asked “How are we with thejob?” PEI] reported to DIMORA that he called Relative 3 and
  913. she was excited. PEII was waiting to hear back about what department Relative 3 would be
  914. working in. DIMORA said, “I’m sure she [Relative 3] is fine. She’s criminology _ . _ They’re
  915. going to take one from each, so that’s our one.” '
  916. 186. On or about April I2, 2008 at approximately 4:07 p,m_, FORLANI and DIMORA
  917. had a conversation about installing a television at DIMORA’s house. DIMORA said, “So I
  918. called that [BE47]. I gotta get my new TV hooked up _ , _ He never called me back, tl1e f~~k.”
  919. FORLANI said, “I told them, I told him that you’re now, you know, you gDt f ----- g issues, f--k
  920. that guy.” DIMORA said, “Who’s got issues?" FORLANI said, “You do.” DIMORA said,
  921. “There’s gonna be f ~---- g issues if he don’t call, this mother f ----- r," FORLANI laughed. Later,
  922. DIMORA said, “Yeah, so now I had to get a whole new f ------ g concept in there, I gotta have
  923. ’em hook it on the wall and put the s--t all hooked up to it, the DVD and all that. Shouldn’t take
  924. them that long.” FORLANI said, “Alright, I’ll find out What’s happening.” DIMORA said, “I
  925. got all ah, I told BE60 yesterday, I said, ‘BE60, can you get [BE47] over here on Monday to hook
  926. this f ----- g thing up_”’ FORLANI replied, ‘*She’s no f ----- g good either,” Later DINIORA said,
  927. “MICHAEL, call this f ----- g [BE47].” FORLANI responded, “Alright” DIMORA said, “Do me
  928. a favor for a f ------ g change. First, First time I ask for f ----- g something in ten years.” FORLANI
  929. said, “Ah Jesus, let me hang up the f ----- g phone because its starting to hurt my f ----- g ears.”
  930. DIMORA said, “Jesus Christ, first time in _ , _ ten years, I’m asking somebody for a favor.”
  931. 187. On or about April 18, 2008, BE47 worked on installing the television at the
  932. DIMORA residence.
  933. 188. On or about April 21, 2008, BE47 told DIMORA he was at Home Depot picking
  934. up parts and would be right over to work on installating the television.
  935. 189. On or about April 24, 2008, a Doan employee called DIMORA about the switch
  936. on DIMORA’s Pepsi machine and some other miscellaneous items that needed repair. DIMORA
  937. said he had been talking to FORLANI and that F ORLANI had told DIMORA to call BE60_
  938. 190. On or about April 26, 2008 at approximately 10:30 am., Lori Dimora lelt a voice
  939. message for BE47 to report an issue with the television over the fireplace. The television wasn’t
  940. on the proper input and they could not figure out which button to push to get the picture back on.
  941. Lori asked for BE47's assistance.
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  946. 191. On or about April 30, 2008 at approximately 4:09 p.m., DIMORA and FORLANI
  947. had a conversation about funding the VA Development Project in which FORLANI asked
  948. DIMORA about BE51_ DIMORA put BE51 on the phone with FORLANI. FORLANI told her
  949. that BE52 was going to send her “all the stuff electronically.” BE5l said she appreciated it and
  950. would call FORLANI.
  951. 192. On or about April 30, 2008 at approximately 6:02 p.m,, BE5l told FORLANI,
  952. “We’ve got everything [rez the documents FORLANI had sent to her electronically]," and that
  953. she [BE51] was heading back to Columbus and would look at it when she arrive at her office.
  954. 193. On or about May 1, 2008, BE5l and DIMORA had a conversation in which BE51
  955. thanked DIMORA for introducing her to his friends. She said she spoke with FORLANI the day
  956. prior and she would “take care of him," DIMORA replied “Maybe you can come up with some
  957. creative ways tc, ah, get the financing done.”
  958. 194. On or about May 1, 2008 at approximately 5:16 p.m., BE51 left a message for
  959. FORLANI in which BE51 gave FORLANI the names of BE5l's analyst and BE5l's
  960. underwritefs counsel (Attomey 8) because they may participate in litture discussions about the
  961. project. BES1 wanted to make sure FORLANI had their names.
  962. 195. On or about May 1, 2008 at approximately 5:23 p.m., Attomey 8 left a voice
  963. message for F ORLANI asking to discuss the VA Development Project,
  964. 196. On or about May 1, 2008, FORLANI, Russo and DIMORA had a conversation
  965. about VSC. FORLANI said to Russo, who was the first one on the phone, “We are supposed to
  966. have a little building in front and the, the County, the little County group of VA that, that PE59 is
  967. in charge of . _ . Frank, they want to move to our building [the VA project]_ The County comes
  968. back and tell us we [unintelIigih1e].” Russo told FORLANI that he could not understand him.
  969. FORLANI said, “Yeah, the County said, ‘tells them that we don’t want you moving dovmtown,
  970. We want to narrow your range of where you’re going.’ You tell JIMMY DIMORA he is a f ----- g
  971. dead man and I hope the f --~-~ g FBI is listening.” Russo put DIMORA on the telephone.
  972. FORLANI said that he talked to BE5 l. DIMORA said, “You musta got your deal done. Another
  973. f ----- g deal I did for you. “ FORLANI said, “No I didn’t get my deal done, but listen_” DIMORA
  974. said, “I can‘t get one favor done from you. I ask for one favor in my life and I still haven`t had it
  975. done and I get [unintelligible] done for you.” FORLANI laughed and said, “I already proceeded
  976. today. The first two shots I took got slapped into the fitih row _ . _ but I will get that done, Now,
  977. in the meantime, listen to how bad you f ---- d me _ _ . This Veterans, there is a Veteran‘s,
  978. Cuyahoga County Veterans or whatever _ . _ and they’re in a building, They want to move, they
  979. wanna move on the, on the, the second floor ofthe retail building in front of the garage on East
  980. 105th because that’s great access to the veterans. It ma_kes sense, this and that, The f ----- g
  981. County, of which you’re in charge of, comes back and tells them today that we don’t want you
  982. moving out of this particular geographical area, You f ----- gjust cost me. I can`t even f ----- g tell
  983. you how much mother f ----- g money.” DIMORA responded, “I will, I will guarantee you that
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  988. that isn’t true _ _ . I guarantee you can get them in your building . _ . ’Cause they’re looking to
  989. move out and I think somebody put the kibosh to you from inside _ , . I’ll take care of that.”
  990. 197. On or about May 3, 2008, DIMORA and FORLANI had a telephone conversation
  991. in which FORLANI said, “Hey, ah JIMMY, don’t forget about my, ah, about whether that, VA,
  992. that County VA could move to a wider range." DIMORA replied, “What do you mean?”
  993. FORLANI said, “Remember I told you they won’t let, uh, the County said we don’t want to go
  994. all the way up to l05th." DIMORA said, “Yeal1, yeah I remember." FORLANI asked, “I mean,
  995. can you look into see, what`s, wl1at’s that is about?” DIMORA replied, “Yeah . . . I can find out
  996. to see what the issue is. Well what sense does it make not to have them go there? They saying
  997. they’re out of the service area?” FORLANI said, "You know, they are saying that. Meantime,
  998. the veterans are right there at the VA, They are saying well that we think that the veterans would
  999. be better served down here [downtown], which is stupid, I mean, they go to the VA [hospital]
  1000. every day. I mean, let’s see, see what’s up, I mean, if you can. If you can’t, you ca.n’t.”
  1001. DIMORA said he would “check.”
  1002. 198. On or about May 5, 2008 at approximately 1:08 p.m., DIMORA and FORLANI
  1003. had a conversation about the VSC in which FORLANI said, “I was just calling about, you know,
  1004. if you were going to talk before they, on that, uh whether they would extend the range on that
  1005. thing you do, on the, uh, ’cause otherwise I gotta tell this architect to stop.” DIMORA said,
  1006. "Yeah, I already left the message. I’m waiting to get an answer back." FORLANI said, “Okay.
  1007. Just let me know ’cause I gotta tell this architect to stop.” DIMORA replied, “Yeah. I’m already
  1008. on top ofthat."
  1009. l99. On or about May 5, 2008 at approximately 5:29 p.m., DIMORA asked PEII for
  1010. the name and telephone number of the executive director of the VSC [PE59].
  1011. 200. On or about May 6, 2008 at approximately 7:52 p.m., DIMORA and BESI had a
  1012. conversation about funding for the VA Development Project in which BESI said BESI was
  1013. coming to Cleveland on Friday and wanted to know if DIMORA wanted to stop in. They also
  1014. talked about problems FORLANI was having with the Port Authority.
  1015. 201. On or about May 6, 2008 at approximately 8:11 p.m,, DIMORA and FOKLANI
  1016. had a conversation about financing forthe VA Development Project.
  1017. 202. On or about May 6, 2008 at approximately 8:16 p.m., DIMORA and BESI had a
  1018. conversation in which DIMORA told BESI that he had talked to FORLANI, and had arranged a
  1019. lunch date for Friday.
  1020. 203. On or about May 9, 2008 at approximately 3:47 p.m., DIMORA and BESI had a
  1021. conversation in which BESI said, “we`re” going to help FORLANI. DIMORA told BESI that he
  1022. would help out if necessary.
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  1027. 204. On or about May 9, 2008 at approximately 3:48 p.m., DIMORA and FORLANI
  1028. had a conversation in which DIMORA asked FORLANI if he needed him to do something with
  1029. Business 52. FORLANI said that he would think about it and call him. F ORLAN1 said he paid
  1030. for lunch.
  1031. 205. On or about May 9, 2008, F ORLANI authorized a $165 .23 charge on his Doan
  1032. credit card at Dante’s Restaurant.
  1033. 206. On or about May 9, 2008 at approximately 4:31 p.m., FORLANI called DIMORA
  1034. and said, “Give me my $190.00 back, would you? This tl---n’ favor thing has gone way f----n’
  1035. distorted anymore.” FORLAN1 said it is like a “teeter-totter with you sitting at one end and me
  1036. on the top.”
  1037. 207. On or about May 9, 2008 at approximately 5:10 p.m., FORLANI placed a call to
  1038. Roll Call Business Conferencing for a conference call regarding funding for the VA
  1039. Development Project.
  1040. 208. On or about May 10, 2008, DIMORA and Attorney 8 had a conversation about
  1041. FORLANI’s attempt to finance the VA project in which Attomey 8 said he wanted DIMORA to
  1042. “push” FORLANI in the direction of BE51’s deal.
  1043. 209. On or about May 14, 2008, BE51 and DIMORA had a conversation in which
  1044. BE51 discussed FORLAN1 getting a good rating from Standard and Poor’s and a good rate of
  1045. interest on a business loan that would save him $500,000 per year on the VA Development
  1046. Project. BESI offered to facilitate FORLANVS transaction and complete it in thirty days. She
  1047. also reported that the meeting with PE60 had gone “really well." BE51 said BE5l might need
  1048. DIMORA’S support with this endeavor. DIMORA said that he knew some key board members
  1049. and that PE6l, one ofthe board members, was a good friend of his.
  1050. 210. On or about May 16, 2008 at approximately 9:35 a.m., DIMORA and PE23 had a
  1051. conversation about the VSC in which PE23 said the VSC lease was ending for its Prospect
  1052. location, so the VSC was compiling an RFP for new space. He said that the VSC commissioners
  1053. wanted t.he agency to remain dcvwitown. He further indicated that the RFP would be broad
  1054. enough to include East 105th Street (the Wade Park area). PE23 noted that FORLANI would be
  1055. able to bid on it and that PE23 would call FORLANI to let him know.
  1056. 211. On or about May 16, 2008 at approximately 11:12 a.m., PE23 and FORLANI had
  1057. a conversation about the VSC. PE23 said he had spoken to PE59 from the VSC. He said PE59
  1058. intended to put DUI an RFP, as required by law, and would try to move it out to the VA area
  1059. where FORLANI was working. PE23 went on to explain that the VSC board wanted the agency
  1060. downtown and the problem was not the County Commissioners but the Veterans Service
  1061. Commissioners. He told FORLANI that the executive director was going to compromise and do
  1062. the RFP, which would be flexible enough to include FORLANI’s operation. PE23 said, “In the
  1063. 33
  1064.  
  1065. [pagebreak]
  1066. Case: 1:11-cr-00491-JG Doc #1 1 Filed: 10/20/ll 34 of 91. F’age|D#: 34
  1067. meantime I guess we’ll have to lean on the Commissioners ofthe Veteran’s Services Board,” . _
  1068. because PE23 was sure what FORLANI was offering would be much more economical than
  1069. anything they can do on their own. FORLANI replied, “I will never say another bad thing about
  1070. PE23 again for your cooperation.” PE23 replied, “I do this favor for him and then he’s going to
  1071. bad mouth the s--t out of me.” FORLANI and PE23 laughed.
  1072. 212. On or about May 16, 2008 at approximately 9:22 a.m., DIMORA and PE23 had a
  1073. telephone conversation about the VSC in which DIMORA expressed concern that PE23 and the
  1074. VSC commissioners did not want the VSC to move out as far as Wade Park. DIMORA said he
  1075. wanted to arrange for a meeting for PE23, DIMORA and FORLANI to discuss it.
  1076. 213. On or about May 22, 2008, FORLANI received a voice message from BE5l
  1077. calling to check on FORLANI (regarding funding for the VA Development Project).
  1078. 214. On or about .ltme 2, 2008, FORLANI and DIMORA had a conversation about
  1079. funding for the VA Development Project. FORLANI stated he had a problem with “the VA
  1080. deal.” DIMORA said BESI and Attomey 8 were “back” FORLANI said, “Tell them to go f--k
  1081. themselves.” DIMORA said, “Wednesday to see me at l. I’m meeting with them at Dante’s.”
  1082. FORLANI replied, “Yeah and they wanna have dinner with me. F --k that [UI]." DIMORA said,
  1083. “They [BE5l and Attomey 8] said they could do the deal.“ FORLANI replied, “Yeah, yeah,
  1084. yeah, yeah, yeah, yeah." DIMORA said, “You don’t think they can?" FORLANI said, "JIMMY
  1085. I am working hard on something else. Their fees are way, way, way, way, way, way too high,
  1086. JIMMY.” DIMORA said, “Well, we’re gonna have to tell them. You want me to tell them?"
  1087. FORLANI said, “Don’t worry about it.” DIMORA said, “I’ll tell them.” Later in the
  1088. conversation, DIMORA said, “Do you want me to just tell them [BE5l and Attorney 8] about
  1089. their fees? Tell me what I should tell them.” FORLANI replied, “Here’s what I did. I engaged
  1090. Hoffa [FORLANI’s nickname for PE6l]. I said, ‘[PE6l], go to a couple ofthe national guys
  1091. other [UI] funds so they can’t buy themf So, right now he’s got this [named person], he’s
  1092. working on maybe $35-40 million worth of bonds. S&.P is going to committee this week, Until
  1093. they go to committee we don’t know s--t.”
  1094. 215. On or about June 3, 2008 at approximately 6:17 p.m., DIMORA and BESI had a
  1095. conversation in which BE5] asked if BE51 could come by and see DIMORA at Dante’s at 1:00
  1096. p.m. the next day. DIMORA said that he did not know if FORLANI would be there. BESI said
  1097. that FORLANI should come and worried that this deal (the VA Development Project) was
  1098. getting away from FORLANI.
  1099. 216, On or about June 3, 2008 at approximately 7:39 p.m., DIMORA left a voice
  1100. message for FORLANI stating, “BE5l is looking forward to seeing you and me tomorrow at
  1101. Dante’s. BE5l’s really looking forward to seeing you, one o’clock tomorrow at Dante’s.”
  1102. 34
  1103.  
  1104. [pagebreak]
  1105. Case: 1:11-cr-00491-JG Doc #2 1 Filed: 10/20/ll 35 of 91. F’age|D #1 35
  1106. 217. On or about .Iune 4, 2008, DIMORA and FORLANI had a conversation in which
  1107. DIMORA and FORLANI discussed FORLANI going to Dante‘s to meet DIMORA, who was
  1108. there with BE5l. FORLANI said he would stop by.
  1109. 213. On or about June 25, 2008, FORLANI and BE60 had a conversation in which
  1110. BE60 told FORLANI, “You also got an e-mail from BE51. BE5l going to be at Da.n1e’s tonight
  1111. from 6:30 to 9:00 and wants you to stop by.”
  1112. 219. On or about July 3, 2008, DIMORA and FORLANI had a conversation in which
  1113. DIMORA said, “When are we going to get together because I got a lot of things to talk about and
  1114. can’t talk onthe phone.” FORLANI said, “Well, obviously you don’t feel like I’m an important
  1115. cog in your life anymore.” DIMORA said, “I’m not sure who is important and who is not but I
  1116. think you are still up there." They discussed funding for the VA Development Project, and then
  1117. FORLANI said, “I know, you don’t seem to give a f--k.” DIMORA responded, “I care, I’m
  1118. trying to help you. I brought this, clidn’t I bring BE5l to the table'?” FORLANI said, “You had
  1119. other self motivations, who the f--k you think you’re talking to, I mean seriously how f -»--- g
  1120. dumb is [UI].” DIMORA said, “And Attomey S.” FORLANI responded, “You’re not denying
  1121. you had other motivations are you?"
  1122. 220. In or around September 2008, the VSC issued an RFP to lease office space to be
  1123. located in an area bounded in the east by East 105th Street with a notice to vendors issued “by
  1124. order ofthe Board of County Commissioners of Cuyahoga County, JIMMY DIMORA . . . 
  1125. 221. On or about December 31, 2008, FORLANI caused Doan to issue a check payable
  1126. to Business 53 in the amount of $7,578.27 to reimburse Business 53 for its payment on the
  1127. television Neteam had installed in the DIMORA residence in July 2006.
  1128. All in violation of Title 18, United States Code, Section 1951.
  1129. The Grand Jury further charges:
  1130. COUNT 3
  1131. (Hobbs Act, 18 U.S.C. §§ 1951 and 2)
  1132. 222. Paragraphs 1 through 4, 6 through 7, I0 through 21, 23 through 30, 32 through 38,
  1133. 44, 47 through 53, 60 through 61, 63, 66, 68 through 73, 80 through 83, S5 through 86, 88
  1134. through 89, and 91 through 92 of this Indictment are re-alleged and incorporated by reference as
  1135. if fully set forth herein.
  1136. 35
  1137.  
  1138. [pagebreak]
  1139. Case: 1:11-cr-00491-JG Doc #2 1 Filed: lO/20/ll 36 of 91. F’age|D #2 36
  1140. 223. Begirming in or around 2002 and continuing until on or about December 31, 2008,
  1141. the exact dates being unknoum to the Grand Jury, in the Northem District of Ohio, Eastem
  1142. Division and elsewhere, Defendants MICHAEL FORLANI and JAMES C. DIMORA, and others
  1143. knovim and unknown to the Grand Jury, did knowingly obstnret, delay and affect commerce and
  1144. the movement of articles and commodities in commerce by extortion; that is, DIMORA, with the
  1145. assistance of FORLANI and others, obtained property not due to him or his office, from Neteam
  1146. and Doan with their consent, under color of official right.
  1147. All in violation of Title 18, United States Code, Sections 1951 and 2.
  1148. The Grand Jury further charges:
  1149. COUNT 4
  1150. (Conspiracy to Commit Mail Fraud and Honest Services Mail Fraud, 18 U.S.C. §§ 1341 and
  1151. 1346, and to Commit Wire Fraud and Honest Services Wire Fraud, 18 U.S.C. §§ 1343 and
  1152. 1346, all in violation of 18 U.S,C. § 1349)
  1153. 224, Paragraphs 1, 3, 6, 10, 12, 14, 16, 18, 20, 23 through 27, 31 through 33, 35, 37,
  1154. 44, 47 through 53, 60 through 61, 63, 66, 68 through 72, 80 through 83, 85 through 86, 88
  1155. through 89, and 91 through 92 of this Indictment are re-alleged and incorporated by reference as
  1156. if fully set forth herein.
  1157. THE CONSPIRACY
  1158. 225. From in or around 2002 through on or about February 26, 2010, the exact dates
  1159. being unknoum to the Grand Jury, in the Northem District of Ohio, Eastem Division and
  1160. elsewhere, Defendants MICHAEL FOR_LANI and JAMES DIMORA, BE60 and others known
  1161. and unknovim to the Grand Jury, did knowingly and intentionally combine, conspire, confederate
  1162. 36
  1163.  
  1164. [pagebreak]
  1165. Case: 1:11-cr-00491-JG Doc #2 1 Filed: 10/20/ll 37 of 91. F’age|D #2 37
  1166. and agree with each other to commit offenses against the United States; that is, to knowingly
  1167. devise and intend to devise a scheme and artifice:
  1168. (1) to defraud and deprive Cuyahoga County and its citizens of their right to the honest
  1169. and faithful services of DIMORA, through bribery and kickbacks and the concealment of
  1170. material information related thereto, and
  1171. (2) to defraud Cuyahoga County, certain contractors and job applicants and to obtain
  1172. money and property by means of materially false and fraudulent pretenses,
  1173. representations and promises,
  1174. and _for the purpose of executing such scheme and artitice, to (1) cause matters to be placed in
  1175. any post office and authorized depository for mail matter to be sent and delivered by the United
  1176. States Postal Service and private and commercial interstate carrier, in violation of Title 18,
  1177. United States Code, Sections 1341 and 1346 and (2) to cause to be transmitted by means of wire
  1178. communication in interstate commerce, writings, signs, signals, pictures and sounds, in violation
  1179. of Title 18, United States Code, Sections 1343 and 1346,
  1180. OBJECT OF THE CONSPIRACY
  1181. 226. It was the object of the conspiracy that DIMORA secretly used his official
  1182. position to enrich himself and his designees, by soliciting and accepting gihs, payments, and
  1183. other things of value from FORLANI, Doan, Neteam and Doan’s employees, in exchange for
  1184. favorable official action, and that FORLANI, BE60, Doan, Neteam, Veterans Development,
  1185. Veterans Development Domiciliary, LLC, Wade Park Retail, LLC, Fedco, and Deep Three
  1186. enriched themselves and their designees by secretly obtaining favorable official action for
  1187. themselves and their designees through comipt means.
  1188. 37
  1189.  
  1190. [pagebreak]
  1191. Case: 1:11-cr-00491-JG Doc #2 1 Filed: 10/20/ll 38 of 91. F’age|D #2 38
  1192. MANNER AND MEANS
  1193. 227. It was part of the conspiracy that:
  1194. 228. DIMORA solicited and accepted gifts, payments, and other things of value from
  1195. FORLANI, Doan, Neteam and Doan’s employees, including tree and discounted home
  1196. improvements, cellular telephones, cellular telephone service, and meals,
  1197. 229. DIMORA provided favorable official action for the benefit of FORLANI, BE60,
  1198. Doan, Neteam, Veterans Development, Veterans Development Domiciliaxy, LLC, Wade Park
  1199. Retail, LLC, Fedco, and Deep Three and their designees both as requested and as future
  1200. opportunities arose.
  1201. 230. DIMORA attempted to deprive the County, certain contractors and job applicants
  1202. of money and property and to give Doan, Neteam, Veteran’s Development, Veteran’s
  1203. Development Domiciliary LLC, Wade Park Retail, LLC, Fedco, Deep Three and their designees
  1204. a financial benefit by taking official action related to the award and administration of public
  1205. business, based on FORLANI and others offering and giving things of value to DIMORA and his
  1206. designees and not based solely on merit.
  1207. 231. FORLANI, Dimora and BE60 caused to be transmitted by means ofwire
  1208. communication, in interstate commerce, writings, signs, signals, pictures, and sounds and used
  1209. and caused to be used the United States mail and private and commercial interstate carriers to
  1210. send and deliver mail matter, all in furtherance ofthe conspiracy, including mail matter and
  1211. interstate wire communications sent and received in the Northem District of Ohio.
  1212. 232. The conspirators took steps to hide, conceal, and cover up their activity and the
  1213. nature and scope of FORLANI, BE60, Neteam and Doan’s dealings with DIMORA.
  1214. 38
  1215.  
  1216. [pagebreak]
  1217. Case: 1:11-cr-00491-JG Doc #2 1 Filed: lO/20/ll 39 of 91. F’age|D #2 39
  1218. » Execution of the Scheme
  1219. 233, On or about the dates listed below, in the Northern District of Ohio and elsewhere
  1220. FORLANI, DIMORA and other conspirators, for the purpose of executing the above-described
  1221. scheme and artiiice, caused documents to be delivered and sent through the United States mails
  1222. and by private and interstate carrier, and caused to be transmitted by means of wire
  1223. communication, in interstate commerce, writings, signs, signals, pictures, and sounds, including
  1224. Ol/05/2005
  1225. 04/07/2005
  1226. 05/19/2005
  1227. 09/21/2005
  1228. 09/29/2005
  1229. l l/16/2005
  1230. 12/15/2005
  1231. 5/l/2006
  1232. 6/26/2006
  1233. 6/26/2006
  1234. Description
  1235. OPERS l`om1 A for PE6l mailed from Cleveland OH to OPERS in
  1236. Columbus OH
  1237. County check in the amount of $241 853 mailed from the County in
  1238. Cleveland OH to Doan in Bedford Heights OH
  1239. County check in the amount of $56 137 mailed from the County in
  1240. Cleveland OH to Doan in Bedford Heights OH
  1241. County check in the amount of $6 495 mailed from the County in Cleveland
  1242. OH to Doan in Bedford Heights OH
  1243. County check inthe amount of $1 1 l 065 mailed from the County in
  1244. Cleveland OH to Dorm in Bedford Heights OH
  1245. E-mail from a VA oiticial in Washington D.C. to a VA official in
  1246. Cleveland OH, FORLANI and others confirming a meeting about the VA
  1247. Development Project
  1248. County check in the amount of $65 O01 mailed from the County in
  1249. Cleveland OH to Doan in Bedford Heights OH
  1250. UPS Ground shipment ofa 32”All-weather Outdoor TV Wall Mount and
  1251. the NDOH
  1252. Dust Cover for DIMORA from SunBrite TV, Moorpark CA to DIMORA in
  1253. UPS Ground shipment of Pull-N-Tilt Wall Mount from Chie£ Savage MN
  1254. to Neteam in Bedford Heights OH
  1255. UPS Ground shipment of Video Up to Component/Multi-room Receiver
  1256. _ from MPX Distribution, Twinsburg OH to Neteam in Bedford Heights OH
  1257. the following:
  1258. 39
  1259.  
  1260. [pagebreak]
  1261. Case: 1:11-cr-00491-JG Doc #2 1 Filed: lO/20/ll 40 of 91. F’age|D #2 40
  1262. 6/26/2006
  1263. 6/26/2006
  1264. 7/ 1 1/2006
  1265. 9/20/2006
  1266. l0/26/2006
  1267. monthly from
  1268. approximately
  1269. January 2007
  1270. through
  1271. approxrmately
  1272. December 2008
  1273. 08/l/2007
  1274. 2/29/2008
  1275. 3/ 17/2008
  1276. 04/03/2008
  1277. 04/03/2008
  1278. DIMORA from DBL Distributing Scottsdae AZ to Neteam in Bedford
  1279. UPS Ground shipment of Universal Remote and Surge Suppressor for
  1280. Heights OH
  1281. UPS Ground shipment of Pair of Two-way Bookshelf Speakers and
  1282. Subwoofer for DIMORA from RBH Sound, Layton UT to Netearn in
  1283. Bedford Heights OH
  1284. UPS Ground shipment of Second Universal Remote for DIMORA from
  1285. DBL Distributing Scottsdale AZ to Neteam tn Bedford Heights OH
  1286. Mailmg of Loan Documents for Economic Development Loan from
  1287. Cuyahoga County Department of Development to FORLANI in Bedford
  1288. Heights OH
  1289. Letter to FORLANI tn Bedford Hexghts OH notifying htm that the County
  1290. Commissioners had approved an Economic Development Loan for Doan
  1291. and mdtcatmg that a check would be mailed tn seven to ten business days
  1292. Doan checks mailed from Bedford Heights OH to the County m Cleveland
  1293. OH in payment on the above loan
  1294. E mail from TL rn Columbus OH to GB at the VA in Washmgton D C and
  1295. several agents of the Port Authority In Cleveland OH re service agreement
  1296. on the VA Development Project
  1297. Telephone call between FORLANI in Tampa FL and DIMORA rn Northern
  1298. District of Ohto regarding the JJC Project sponsorships and the Beanie
  1299. Wells jersey
  1300. Telephone call between FORLANI in Tampa FL and BE60 in the Northem
  1301. Dtstrlct of Ohio regarding the RTA contract
  1302. E mail from BE60 tn Bedford Heights OH to BE43 tn the Northern DlS[I'1Cl
  1303. of Ohro that traveled through a server in San Antonio Texas statmg
  1304. MICHAEL [FORLANI] asked if we could have a copy of what was
  1305. submltted and/or requested for ODOT”
  1306. E mail from BE43 m the NDOH to BE60 ln Bedford Heights OH that
  1307. traveled through a server m San Antonio Texas stating BE60 we
  1308. subrnrtted to ODOT for an east face west face and north face billboard on
  1309. the Ontano property
  1310. _
  1311.  
  1312.  
  1313. rt -
  1314. » 11
  1315.  
  1316. , . _ ‘L
  1317. _ 3 _ I _
  1318. - »=
  1319. 40
  1320.  
  1321. [pagebreak]
  1322. Case: 1:11-er-00491-JG Doc #2 1 Filed: 10/20/11 41 of 91. F’age|D #2 41
  1323. 05/072008 Conference call between FORLANI in the Northern District of Ohio and
  1324. others via Roll Call Business Conferencing outside the State of Ohio
  1325. regrading VA Deveiopment Project funding.
  1326. 05/09/2008 Conference call between FORLANI in the NDOH and others via Roll Call
  1327. _ Business Conferencing outside the State of Ohio regrading VA
  1328. Development Project funding
  1329. 06/10/2008 OPERS Form A for Relative 3 mailed from the County in Cleveland OH to
  1330. OPERS in Columbus OH
  1331. September RFP for office space mailed by the VSC in Cleveland OH to various
  1332. 2008 contractors
  1333. 1/28/2010 Check mailed from RTA in Cleveland OH to Neteam in Bedford Heights
  1334. OH
  1335. 2/26/2010 Check mailed from RTA in Cleveland OH to Neteam in Bedford Heights
  1336. OH
  1337. monthly from Doan checks mailed from Bedford Heights OH to Verizon in Pennsylvania
  1338. approx. January
  1339. 2006 through
  1340. July 2008
  1341. All in violation of Title 18, United States Code, Section 1349.
  1342. The Grand Jury further charges:
  1343. COUNT 5
  1344. (Conspiracy to Tamper with a Witness, 18 U.S.C. § 1512, in violation of18 U.S.C. § 371)
  1345. 234. Paragraphs 1, 3, 6, 10, 23, 25 through 27, 42, 51 through 55, 67, 72, 74, 78, 79,
  1346. 88, and 91 of this Indictment are re-alleged and incorporated by reference as if fully set forth
  1347. herein.
  1348. 235. From in cr around December 2007 through the date of the filing of this
  1349. Indictment, the Federal Bureau of Investigation (“FB1”) and the Internal Revenue Service,
  1350. Criminal Investigation Division (“IRS”) were investigating, among other things, whether
  1351. individuals and private companies had provided things of value, inciuding tree and discounted
  1352. 41
  1353.  
  1354. [pagebreak]
  1355. Case: 1:11-or-00491-JG Doc #2 l Filed: 10/20/ll 42 of 91. F’age|D #2 42
  1356. home improvements, to Dimora and other public officials in retum for their promise to perform
  1357. official acts. In the course of that investigation (hereinatter "the County corruption
  1358. investigation”), federal grand jury subpoenas from the Northem District of Ohio were issued.
  1359. 236. On or about May 23, 2008, in one of the first overt steps in the County corruption
  1360. investigation, FBI agents interviewed Steven Pumper about Pumper bribing PE37 and sought
  1361. Pumper’s cooperation in an investigation of municipal public corruption. Although the
  1362. interviewing agents did not mention the County or any County official, Pumper volunteered, “I
  1363. know you guys are thinking of Dimora and Russo and them." ,
  1364. 237. On or about the moming of May 26, 2008, Attorney 5, then representing Pumper,
  1365. learned that a grand jury subpoena would be forthcoming requiring DAS and Pumper to produce
  1366. documents.
  1367. 238. On or about May 29, 2008, and in furtherance of the County comrption
  1368. investigation described above, the United States served a federal grand jury subpoena on DAS
  1369. requiring production of “all documents reflecting any financial relationship between DAS
  1370. Construction and any public official" and also served a federal grandjury subpoena on Pumper
  1371. requiring production of “all documents reflecting any financial relationship between DAS and
  1372. any public official."
  1373. THE CONSPIRACY
  1374. 239. Beginning on or about May 23, 2008, and continuing until on or about December
  1375. 31, 2009, in the Northem District of Ohio, Eastem Division and elsewhere, Defendant
  1376. MICHAEL FORLANI, James C, Dimora, Steven Wayne Pumper, Robert W. Rybak, Anthony
  1377. Melaragno, Nicholas A. Zavarella, Frank P. Russo and Michael Gabor (the latter seven of whom
  1378. 42
  1379.  
  1380. [pagebreak]
  1381. Case: 1:11-cr-00491-JG Doc #1 1 Filed: 10/20/ll 43 of 91. F’age|D #2 43
  1382. are not charged herein), and others known and unknown to the Grand Jury, did knowingly and
  1383. intentionally conspire, combine, confederate and agree together and with eachother and with
  1384. other persons known and unknown to the Grand Jury, to commit an offense against the United
  1385. States, namely, to violate Title 18, United States Code, Section l5l2(c)(2).
  1386. OBJECT OF THE CONSPIRACY
  1387. 240, It was the object of the conspiracy that FORLANI, Dimora, and others known and
  1388. unknown to the Grand Jtuy, corruptly obstructed, influenced and impeded an official proceeding,
  1389. and attempted to do so, by trying to conceal from law enforcement and the Grand Jury the fact
  1390. that DIMORA and Russo had solicited and accepted bribes, kickbacks and gratuities from
  1391. FORLANI, Ptunper, Melaragnc, Zavarella and others.
  1392. MANNER AND MEANS
  1393. 241. It was part of the conspiracy that:
  1394. 242. In order to make it appear that the work Doan and Neteam perfomied on Dimora’s
  1395. house was not free and discounted, and did not constitute bribes or gratuities, FORLANI,
  1396. Dimora, and others created and caused to be created documents related to work performed at
  1397. Dimora’s residence.
  1398. 243. During the course ofthe conspiracy, Dimora caused to be sent a series of checks
  1399. dravsm on Lori and James Dimora`s personal checking account made payable to Doan and others
  1400. who performed work at Dimoi-a’s residence.
  1401. 244. Dimora and FORLANI and others influenced and attempted to influence
  1402. statements of witnesses about the work performed at Dimora’s residence and other things of
  1403. value provided to Dimora.
  1404. 43
  1405.  
  1406. [pagebreak]
  1407. Case: 1:11-cr-00491-JG Doe #: 1 Filed: 10/20/ll 44 of 91. F’age|D #144
  1408. 245. At times, Dimora communicated with FORLANI and others through
  1409. intermediaries.
  1410. OVERT ACTS
  1411. 246. In furtherance of the conspiracy, and to effect the object thereof, FORLANI,
  1412. Dimora, and others committed the following overt acts in the Northern District ot" Ohio and
  1413. elsewhere:
  1414. A. On or about May 23, 2008, Dimora caused a check on Lori and James
  1415. Dimora’s personal checking account to be issued payable to Doan.
  1416. B. On or about May 27, 2008 at approximately 4:32 p.m. Attorney 5 leh a
  1417. voice message for FORLANI, stating that Attomey 5 would be around the “east side tomorrow.”
  1418. Attomey 5 also said, “I would like to share something with you.”
  1419. C. On or about May 27, 2008 at approximately at 4:35 p.m., FORLANI and
  1420. Attorney 5 had a conversation in which Attorney 5 said, “Alter we talk, but after we talk. But
  1421. let’s wait andvsee, maybe no, maybe no reason to. I don’t want to alarm you,just bring
  1422. something to your attention that is all,"
  1423. D. On or about May 27, 2008 at approximately at 7:40 p.m., FORLANI spoke
  1424. to Dimora. Toward the end of the conversation, Dimora told FORLANI they needed to “get
  1425. together.” Dimora also indicated he had “big news.” FORLANI replied by telling Dimora,
  1426. “Somebody [Attorney 5] called me today. They got to see me tomorrow with this news. I said,
  1427. ‘Do I need to get my affairs in order'7’ They said, ‘Yes.’ I said, ‘That’s f ----- g great.”’ Dimora
  1428. replied that he wanted to know if FORLANI’ S “news” was “big news” like Dimora’s “big
  1429. news.” FORLANI wondered if it was the “same thing.” Dimora told FORLANI, “Somebody
  1430. close, yeah, with the issue.” FORLANI replied, "Oh, no s--t. I wonder if it’s the same thing.”
  1431. Dimora told FORLANI, “'l`hat’s why I called, hook up with me this week will ya.” FORLANI
  1432. and Dimora agreed to meet the following day.
  1433. E, On or about May 28, 2008 at approximately 6:42 p.m., FORLANI and
  1434. Dimora had a conversation in which FORLANI said, “I gotta call you back. We got issues. I
  1435. can‘t talk right now.” Dimora responded, “We do? You gotta call me back?" Later FORLANI
  1436. asked, “Are you ok7” Dimora responded, “Yeah, I hope.”
  1437. F. On or about June 2, 2008 at approximately 10:26 a.m., BE49, an employee
  1438. of Doan asked Dimora, “You sent a check here. What for?” Dimora told BE49 that it was for
  1439. the “electrical work for the, um, overhead on my awning. I still didn’t get the invoice.
  1440. 44
  1441.  
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  1444. MICHAEL said they were going to send an invoice so I said I’Il send some money towards the
  1445. materials.” BE49 replied, “Okay that’s a good. They’re asking me what it’s for. I said, I, I don’t
  1446. know what it’s for,”’ Dimora interrupted, “Oh, you know he [FORLANI] did, uh, you know. I
  1447. don’t know, it was towards the, the summer of last year.” BE49 said, “Oh, okay.” Dimora said,
  1448. “Yeah, so just I don’t know I told MICHAEL [FORLANI] about two weeks ago, I said, MIKE,
  1449. we gotta finish up this thing here, you know, um you don’t need no headaches. I don’t need no
  1450. headaches. You can discount it. There’s no problem with discounting it. Just give me an
  1451. invoice.” BE49 replied, “Theyjust called me andjust asked me, ‘Do I know what it was for.“’
  1452. Dimora said, “Yeah that‘s all. It’s just towards the materials.” BE49 told Dimora, “I know, but
  1453. with all this s--t going on, you don’t need no [UI]." Dimora agreed and said, “Right I just don’t
  1454. want nobody have no headaches.” BE49 replied, “Yeah” Dimora said, “And I know they’re,
  1455. you know, they’re it’s just not on the radar screen, so I figured this way I’ll just send it and then
  1456. they’ll prompt them to make an invoice.”
  1457. G. On or about June 2, 2008 at approximately 2:07 p.m., FORLANI and
  1458. Dimora had a conversation in which Dimora said, “I never got a chance to talk with you. I got to
  1459. tell you this news." FORLANI replied, “l know, I know." Dimora said, “No, but l got to tell you
  1460. details that you are missing.” FORLANI said, “I know! I know!" Dimora said, “No, you don’t
  1461. know totally," FORLANI said, “Oh, there‘s more?" Dimora said, “Yeah” FORLANI suggested
  1462. they get together for a private lunch. FORLANI said, “Let me see. I gotta check with my FBI
  1463. guy and see if they want me to wear a tap or not. If they don’t want to wear a wire because I
  1464. don’t want to f--k with my friends. You should be f ----- g nervous calling me, you know that,
  1465. don’t you?" Dimora replied, “I’m always nervous. I put my anti-block on though. I bought it at
  1466. Radio Shack.”
  1467. H, On or about June 3, 2008 at approximately 11:50 a.m_, Dimora and
  1468. FORLANI had a conversation in which FOR.LANl said, “Listen to me, Do yourself a favor and
  1469. listen to me.” Dimora said, “What’s going on?" FORLANI said, “We got f ----- g issues.”
  1470. Dimora said, “ _ , . out there. Thank God they are all centered around you and not me.”
  1471. FORLANI laughed and said, “We got issues and my issues are my friends’ issues. Let’s make
  1472. that perfectly fl ---- g clear.” Dimora said, “You always do." FORLANI laughed and Dimora
  1473. continued, “and avoid controversy around our necks we keep throwing our good friends with
  1474. controversy under the bus. Give the sharks something to feed on, baby," Later FORLANI said,
  1475. “I got f ----- g issues right now?" Dimora responded, “I know but what’s the difference. That’s
  1476. regular business with you, no?" FORLANI said, “Whoa, just remember my friends will be with
  1477. whatever my issues are.” DIMORA said, “Yeah, I know," FORLANI said, “My new song is
  1478. [FORLANI sings] singing like a canary. I’l| tell you anything you wanna f ----- g know just to
  1479. save my little hide."
  1480. I. On or about June 5, 2008 at approximately 8:47 p.m, FORLANI and
  1481. Russo had a conversation in which FORLANI said, “Do you understand we got issues`?” Russo
  1482. replied, “l am holier than now [sic], it’s everybody around me, but you know what, I don’t desert
  1483. my friends.”
  1484. 45
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  1488. J. On or about June S, 2008 at approximately 9:12 p.m. FORLANI said to
  1489. Dimora, “We got issues, we gotta talk about these issues.” FORLAN1 and Dimora then
  1490. discussed going to the pool the next clay.
  1491. K. On or about June 9, 2008 at approximately 1:48 p.m., Dimora asked BE60,
  1492. “ls he on his phone today.” BE60 responded, “He’s got both of them.”
  1493. L. On or about June 16, 2008 at approximately 12:54 p.m., BE46 a Doan
  1494. employee, called Dimora. BE46 said, “He [FORLANI] told me to call you. I got this bill.”
  1495. BE46 asked, “What do you want me to do with it [the bill]?” Dimora asked, “The bill for what I
  1496. just Went over with BE60?” BE46 replied, “I think so.” Dimora told BE46 to mail the bill to his
  1497. house. BE46 told Dimora she just wanted to let him know the bill was coming. BE46 stated,
  1498. “He [FORLANI] wants you to know that we applied $325 to it already.” Dimora stated, “Yes,
  1499. that’s perfect. Exactly right. Yeah, just put whatever the balance is then. Yeah, just send it right
  1500. to my house.” BE46 stated, “He [FORLANI] just wanted to make sure you knew 1 was doing it.”
  1501. Dimora replied, “I have been asking him to do it for a couple of weeks and I just wanted to
  1502. remind [BE60]. BE46 said, “I know we’re behind.” Dimora said, “I know. That’s alright.
  1503. Everything, in the scheme of the whole operation it‘s a, I know a drop in the bucket." BE46
  1504. laughed and said, “I-Ie trusts you t1iat’s all.” Dimora responded, “Yeah that’s good, too.”
  1505. M. On or about June 16, 2008, Doan mailed an invoice dated May 5, 2008 to
  1506. Dimora for work Doan performed in 2007.
  1507. N. On or about July 3, 2008, Dimora and FORLANI had a conversation in
  1508. which Dimora said, “When are we going to get together because 1 got a lot of things to talk about
  1509. and can’t talk on the phone.” FORLANI said, "Well, obviously you don’t feel like 1`m an
  1510. important cog in your life anymore.” Dimora said, “I’m not sure who is important and who is not
  1511. but I think you are still up there." They discussed funding for the VA Development Project, and
  1512. then FORLANI said, “l know, you don’t seem to give a f--k.” Dimora responded, “I care, 1’m
  1513. trying to help you. I brought this, didn’t 1 bring BE51 to the table?" FORLANI said, “You had
  1514. other self motivations, who the f--k you think you’re talking to, 1 mean seriously how f ----- g
  1515. dumb is [Ul],” Dimora said, “And Attomey S.” FORLANI responded, “You’re not denying you
  1516. had other motivations are you?"
  1517. O, Ctn or about July 12, 2008 at approximately 12:24 p.m., Dimora and Lori
  1518. Dimora had a conversation in which Lori Dimora said, “Hey, I found the receipt for Doan for the
  1519. 325. You want [their son] to bring it to you? I just made a copy.” Dimora told her to make a
  1520. copy of it and that he would “add it when 1 need it.” Dimora said, “Why is that, did we give him
  1521. two checks'?” They then discussed a check for $300 and a check for $325. Lori Dimora said,
  1522. “He [FORLANI] applied the 325 to a stupid thing, that I gave you a copy, replace the garage door
  1523. buttons, dimmers. His bill is all screwed up.” Dimora said, “What, you got me screwed up now,
  1524. 1 thought the 325, what was the, what was the bill amount for the living room?" Lori Dimora
  1525. said, “Wait a, um, l’m 1’m on the regular phone. You want me to call you back?" Dimora
  1526. 46
  1527.  
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  1530. responded, “No, it’s, it’s immaterial,” Dimora and Lori Dimora continued to discuss the Doan
  1531. bills and agreed to discuss it later.
  1532. P. On or about July 15, 2008 at approximately 2:01 p.m., Dimora called
  1533. BE60 at Doan. Dimora told her that he needed to get an invoice straightened out “on the
  1534. wording.” Dimora asked BE60 if she could do that, saying that he was out and would swing by
  1535. so she could “re-type it.” BE60 replied, “Probably BE46, let me just find out where it is in the
  1536. system and I’m sure I can do it, so just come see me." Dimora indicated he would bring the
  1537. invoice with him.
  1538. Q. On or about July 15, 2008 at approximately 2:37 p.m., Dimora and Gabor
  1539. had a conversation in which Dimora said he was “over by FORLANPS office." Dimora said he
  1540. had just been talking about Gabor and that FORLANI would talk to Gabor when FORLANI saw
  1541. Gabor “in person.”
  1542. R. On or about July 29, 2008 at approximately 5:14 p.m., the day after FBI
  1543. and IRS agents searched the home and office of Dimora and the office of FORLANI, FORLANI
  1544. and Dimora discussed items seized during the searches. Dimora indicated his attomey and he
  1545. were trying to “figure out” what the govemment was “looking for.” FORLANI said that he told
  1546. his attomey, “It‘s all about a friend. You’re a friend.” FORLANI later said, “That we agreed
  1547. upon that invoice, I thought maybe we probably ought to get that, taken care oi" Dimora said,
  1548. “Yeah” FORLANI said, “Alright," Dimora said, “We will.”
  1549. S. On or about July 29, 2008 at approximately 10:09 p.m., Dimora and Russo
  1550. discussed the search warrants. Russo asked if Dimora had spoken to FORLANI. Dimora said
  1551. that he had and that FORLANI had asked him to try and pay FORLANI’ S bill. Dimora said,
  1552. “I’m gonna pay it. I mean he just gave me the f ---- n’ thing.” Dimora said that he did not even
  1553. have the final inspection, adding that his pemiit expired on July 31st.
  1554. T. On or about July 30, 2008 at approximately 11:22 a.m., Dimora and Lori
  1555. Dimora had a conversation about their cellular telephones during which Lori Dimora reported on
  1556. her conversation with a Verizon worker at Circuit City and problems associated with transferring
  1557. their cellular service from Doan’s group plan to a family account. At one point, Dimora said he
  1558. would have BE49 contact Verizon.
  1559. U. On or about July 30, 2008 at approximately 12:33 p.m., Dimora, Lori
  1560. Dimora and their son had a conversation about transferring their cellular service from Doan’s
  1561. group plan to a family account, Dimora said he would call BE49 and cancel the four numbers on
  1562. the Doan account.
  1563. V. On or about July 31, 2008 at approximately 7:15 a.m., Dimora and BE49
  1564. had a conversation in which Dimora told BE49 that Lori Dimora had “opened another group"
  1565. and that BE49 could “shut, you can take those phones off now.” BE49 responded, “Yeah, well
  1566. 47
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  1570. they’re gonna do it, so.” Later BE49 said, “Ok, um did you, um talk to MIKE at all? I got him
  1571. here if you‘d like,” FORLANI picked up the call and said, “Hey buddy, um, if you get a chance,
  1572. call me later. I’11 tell ya some things. I’d like to see you.” Dimora responded, “Yeah, I’m kinda
  1573. iigwing something’s on my cell,” FORLANI said, “Yeah, there’s some stuff, Jimmy, that’s
  1574. apparent, ya know. You know what I mean?" Dimora responded, “Yeah, yeah." FORLANI
  1575. said, “So, but hey, let me tell ya something buddy. I told everybody, ya know, as a dear friend
  1576. you, I`11 never forget that time you did nothing more than, um, ask [a named person] to give us a
  1577. chance to finish that job,” Dimora responded, “Yeah” FORLANI said, “That we`re capable of
  1578. doing that. And um, what the f--k did we get from the County other than what we had a low bid
  1579. on or some other little bu11s~-t.” Dimora replied, “I know, Iknow.” FORLANI said, “Um, ok,
  1580. buddy. Try to hang in there and call me later,”
  1581. W. On or about November 26, 2008, FORLANI told Dimora that FORLANI
  1582. needed to get an invoice to Dimora.
  1583. X. On or about December 31, 2008, FORLANI caused Doan to issue a check
  1584. in the amount of $7,578.27 payable to Business 53 which constituted reimbursement to Business
  1585. 53 for funds FORLANI used, along with other funds provided by William Neiheiser, to purchase
  1586. and install an outdoor television and audio visual system for Dimora in 2006,
  1587. All in violation of Title 18, United States Code, Section 371,
  1588. The Grand Jury further charges:
  1589. COUNT 6
  1590. (Conspiracy to Commit Wire Fraud and Honest Services Wire Fraud, 18 U.S.C, §§ 1343 and
  1591. 1346, in violation of 18 U.S.C. § 1349)
  1592. 247. Paragraphs 1, 3, 6, 25 though 26, 44, 47, 52 through 55, 63, 65, 72, 82, 91, and
  1593. 114 through 1 16 of this Indictment are re-alleged and incorporated by reference as if fully set
  1594. forth herein.
  1595. THE CONSPIRACY
  1596. 248. From in or around Fall 2007 through in or around May 2008, the exact dates being
  1597. unknown to the Grand Jury, inthe Northem District of Ohio, Eastern Division and elsewhere,
  1598. Defendant MICHAEL FORLANI, James C. Dimora and William N. Neiheiser (the latter two not
  1599. charged herein), and others knovim and unknown to the Grand Jury, did knowingly and
  1600. 48
  1601.  
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  1604. intentionally combine, conspire, confederate and agree with each other to commit an offense
  1605. against the United States; that is, to knowingly devise and intend to devise a scheme and artifice:
  1606. (1) to defraud and deprive Cuyahoga County and its citizens of their right to the honest
  1607. and faithful services of Dimora, through bribery and kickbacks and the concealment of
  1608. material information related thereto, and
  1609. (2) to defraud Cuyahoga County and to obtain money and property by means of materially
  1610. false and fraudulent pretenses, representations and promises,
  1611. and for the purpose of executing such scheme and artitice, to cause to be transmitted by means of
  1612. wire communication in interstate commerce, writings, signs, signals, pictures and sounds, in
  1613. violation of Title 18, United States Code, Sections |343 and 1346.
  1614. OBJECT OF THE CONSPIRACY
  1615. 249. It was an object of the conspiracy that Dimora, with FORLANPS assistance,
  1616. secretly used his official position to enrich himself by soliciting and accepting a check for $3,600
  1617. 6'om Neiheiser, in exchange for favorable official action, and that Neiheiser enriched himself and
  1618. Reliance Mechanical by secretly obtaining favorable official action for Reliance Mechanical
  1619. through comipt means.
  1620. MANNER AND MEANS
  1621. 250. It was part of the conspiracy that:
  1622. - 251, Neiheiser gave and offered to give Dimora a check for $3,600 and in exchange,
  1623. Dimora provided favorable official action for the benefit of Reliance Mechanical.
  1624. 252. Dimora attempted to deprive the County and certain contractors of money and
  1625. property and to give Reliance Mechanical a financial benefit by taking official action related to
  1626. 49
  1627.  
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  1630. the award and administration of public business, based on Neiheiser offering and giving things of
  1631. value to Dimora and not based solely on merit.
  1632. 253. FORLANI, Dimora and Neiheiser caused to be transmitted by means of wire
  1633. communication, in interstate commerce, writings, signs, signals, pictures, and sounds in
  1634. furtherance of t.hc conspiracy, including interstate wire communications sent and received in the
  1635. Northem District of Ohio.
  1636. 254. The conspirators took steps to hide, conceal, and cover up their activity and the
  1637. nature and scope of Neiheiser’s dealings with Dimora.
  1638. 255. At times, FORLANI served as an intermediary between Dimora and Neiheiser.
  1639. 256. On or about Febniary l 1, 2008, Dimora and Neiheiser spoke about the JJC
  1640. project. Neiheiser mentioned that the County Commissioners threw out the low bid for the
  1641. structural steel portion ofthe JJC project based on technicalities. Neiheiser told Dimora that
  1642. when Reliance Mechanical has the low bid, “Don’t f-»k it up," because when Reliance
  1643. Mechanical wins the bid, “you and I can have fun for two years.” Dimora replied, "Good," and
  1644. that he hoped Reliance Mechanical was the low bid.
  1645. 257. On or about February 16, 2008, Dimora purchased a Chris “Beanie” Wells
  1646. football jersey at the Comerstonc of Hope charity auction for approximately $3,600.
  1647. 258. On or about February 17, 2008, Dimora spoke to FORLANI about the Beanie
  1648. Wells football jersey Dimora had purchased the previous evening at the Comerstone of Hope
  1649. fundraiser. Dimora complained that Neiheiser had convinced Dimora to purchase the jersey.
  1650. Dimora also indicated that Neiheiser agreed to pay half of the jersey’s price. Dimora, imitating
  1651. Neiheiser, said, “I [Neiheiser] got your back, l’m, I’n1 in for hal£” Dimora then questioned,
  1652. 50
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  1656. “What are we [Dimora and Neiheiser] going to do, rotate it every week?" FORLANI responded
  1657. by telling Dimora to sell the jersey to Neiheiser.
  1658. 259. On or about February 22, 2008, FORLANI`and Dimora discussed the JJC Project
  1659. bids, including Reliance Mechanical not being the low bidder by “a couple million dollars.”
  1660. Dimora said, “There’s no way we could do him if he’s that far ofi” FORLANI stated that he
  1661. was going to call Neiheiser. Dirnora told FORLANI, “Just make sure he [Neiheiser] remembers
  1662. about my 3,600 will you.” FORLANI responded, “That we’ll take care of May, maybe he threw
  1663. it in the bid.” They both laughed.
  1664. 260. On or about Friday, Febmary 29, 2008, at approximately 2:19 p.m., Dimora and
  1665. FORLANI had a conversation about the JJ C Project bids in which Dimora said, “Yeah, there’s a
  1666. 50/50 chance, just so you know, and I don’t want to get your hopes up, that the whole thing
  1667. might get thrown out.” FORLANI questioned the MBE for the winning bidder after which
  1668. Dimora said, “They think we could probably do a better job and get a better price.” FORLANT
  1669. asked, “And throw the whole thing out?" Dimora replied, “That‘s what they’re talking about,
  1670. 50/50 shot.” FORLAN] asked, “Did you talk to PEl0 by the way?" Dimora replied, “He’s not in
  1671. town. He’s on vacation, He’ll be back Monday.” FORLANI replied, “The electrical is way
  1672. below the budget . . . alright we’ll see what happens.” Later in the conversation, Dimora said,
  1673. “Thank you for handling that other thing [the $3,600 Dimora referenced in the Febmary 22, 2008
  1674. call above] for me,” FORLANI said he would handle it as soon as he returned on Monday from
  1675. Florida.
  1676. 26l. On or about Sunday, March 2, 2008, FORLANI told Dimora he had recently
  1677. exchanged calls with Neiheiser. FORLANI then said, “Your buddy [Neiheiser] is coming on an
  1678. 51
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  1682. airplane tomorrow. He’s gonna call you and come see you.” FORLANI then clarified who he
  1683. was referring to and stated, "My friend in the mechanical business who erred in judgment and
  1684. now wants to fix his error in judgment.” Dimora asked how Neiheiser was going to “tix it.”
  1685. FORLANI replied, “He’s gonna tix it the only way he possibly can.” Dimora then asked if he
  1686. was supposed to meet with Neiheiser. FORLANI told Dimora, “He’ll come see you.” Dimora
  1687. and FORLANI then discussed Reliance Mechanical’s bid for work at the JJC. Dimora infomied
  1688. FORLANI that Reliance Mechanical was $2 million higher than the low bidder and inquired,
  1689. “How could you be two million off?" FORLANI agreed two million was a lot of money.
  1690. FORLANI, who was in Florida at the time of the telephone call, told Dimora he was staying in
  1691. Florida a couple of extra days, Dimora and FORLANI then discussed throwing out all the bids
  1692. for the JJC because the proposals submitted for the general trades portion were all significantly
  1693. over budget.
  1694. 262, On or about March 3, 2008, FORLANI, from Florida, called Dimora in Ohio.
  1695. After initially discussing the weather in Florida, FORLANI asked Dimora, “Did that clown call
  1696. you today yet‘?” Dimora verified that FORLANI was referring to Neiheiser and told FORLANI
  1697. he had spoken with Neiheiser and they (Dimora and Neiheiser) were going to “hook up” the
  1698. following day. FORLANI then suggested that Neiheiser was “feeling the pressure” because
  1699. Reliance Mechanical was not the low bidder on the JJC. Dimora told FORLANI that he had
  1700. spoken to PEIO and “put the bug in his ear and told him to Lake a lock at, uh, at all the packages
  1701. and if Il1€l’€’S enough of them, ya know, I said to him, ‘Shouldn’t we just throw ’em out and keep
  1702. going?’” FORLANI agreed and later responded, “I wanna make sure Neiheiser takes care of
  1703. business. That’s all I care about." Dimora replied, “Tomorrow. Hopefully I’m gonna see him."
  1704. 52
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  1708. 263. On or about March 6, 2008 at approximately 5:08 p.m., Dimora told PEI 8 to get
  1709. Neiheiser on the phone or leave Neiheiser a message to call Dimora.
  1710. 264. On or about March 6, 2008 at approximately 5:10 p.m., Dimora told PE27 to
  1711. retrieve documents related to the JJC from Dimora’s desk and bring them to Dimora, who was by
  1712. Frank Russo`s office.
  1713. 265. On or about March 6, 2008 at approximately 5:11 p.m, Dimora told Neiheiser he
  1714. would be at Delmonico’s restaurant from 6:00 p.m. to 9:00 p.m. Neiheiser said he would stop by
  1715. and have a drink. Neiheiser said that he would pay for the Wells jersey if Dimora bought the
  1716. drink. Dimora replied, “Deal” They both laughed.
  1717. 266. On or about March 6, 2008 at approximately 9:06 p.m., Dimora told FORLANI
  1718. that Kevin Kelley, Neiheiser, Neiheiser’s acquaintance and his acquaintance’s daughter, Michael
  1719. Gabor and others were with Dimora at Delmonico’s restaurant. Dimora told FORLANI, “Billy
  1720. [Neiheiser] just leh,” FORLANI asked, “Hey, did my guy [Neiheiser], when he stopped by there,
  1721. took care of business didn’t he?” Dimora replied, “Ijust told you he took care of more than me.”
  1722. FORLANI responded, “Beautiful.”
  1723. 267. On or about March 6, 2008, Neiheiser gave a check to Dimora in the amount of
  1724. $3,600 made payable to Lori Dimora.
  1725. 268. On or about March 7, 2008 at approximately 9:49 a.m., Dimora and BE44 had a
  1726. conversation about the JJ C contract in which BE44 said, “Man, why are you beating me down so
  1727. bad, man?” Dimora responded, “Uh. you mean in the meeting? _ , , Oh I just, I thought we were
  1728. going to throw everything out. See they told me originally, [PEIO] said, ‘We’re going to throw
  1729. everything out.‘ That‘s why I was kind of pissed off at them. They b---s--t me you know. They,
  1730. 53
  1731.  
  1732. [pagebreak]
  1733. Case: 1:11-cr-00491-JG Doc #2 1 Filed: 10/20/ll 54 ot 91. F’age|D #1 54
  1734. they tell me what I wanna hear and then in the meeting with the other Commissioners, you know
  1735. they change the f ----- g plan. They already knew that I guess, You know I talked to [PEIO] on
  1736. Tuesday and he said, ‘Oh we’re gonna throw these f ----- g bids out, it’s too close to the ten
  1737. percent’ . . . So you know then they come in, you guys come in yesterday and then we kept, you
  1738. know, part ofthe bids.” BE44 replied, “I was trying to go, just so you know, I was trying to go
  1739. with everything, you know, with [a named person] and then try to get Doan in. You know I had,
  1740. I had, my little plan and then, you know, but I’m, I’m not in the decision making role _ _ . [PEIO]
  1741. was out of tovtm 'til Monday. I hadn’t even, he was, he was, he disappeared fiom the whole
  1742. world .... And then, and then showed back up so, ah,” Dimora said, “His usual b---s-~t.
  1743. That’s why I can’t wait for him to retire . _ . So you know I‘m gonna, you know I got a call into
  1744. the prosecutor cause obviously they wanna give the bid to [a named company]. See, when they
  1745. wanna do something they say whatever they wanna say, you understand.” Later, BE44 said, “If
  1746. there is an issue man and, and you got any concerns, just call me. I mean I don’t, I don’t make
  1747. the decisions on the, ah, but, but I just want you to know this isn`t gonna be a, if, ifwe can get
  1748. the good, if we can get a same compliment of union guys, I mean, I, I see, tha.t’s what I was
  1749. excited about was when you look at this thing, I’d like to get FORLANI in there ii if he’s passes
  1750. if he’s got a better SBE plan than Business 47. But see that’s [PEIO’s] decision.” Dimora
  1751. replied, “Yeah, he already said no, he said [Business 47] had a better SBE I guess," Dimora and
  1752. BE44 went on to discuss the MBE component of the electrical bids, with BE44 stating that
  1753. “FORLANI is a really good yy” and that FORLANI’s MBE was “viable” BE44 said, “I just
  1754. hope we’re on, you know, again I, I, we’re gonna pull it back together, JIMMY. We’re not
  1755. 54
  1756.  
  1757. [pagebreak]
  1758. Case: 1:11-cr-00491-JG Doc #2 1 Filed: 10/20/ll 55 ot 91. F’age|D #1 55
  1759. gonna, ah, and, and it’s all union and hopefully we can get a, you’ll get ah, good group in there in
  1760. the second go round.” Dimora said, “Yeal-i, let’s hope.”
  1761. 269, On or about March 7, 2008, Dimora told FORLANI that Neiheiser wanted to take
  1762. Dimora on a trip to Atlantic City. Dimora asked FORLANI if he (Dimora) should go.
  1763. FORLAN1 questioned, “On Good Friday?" Dimora coniirmed they would travel on Good
  1764. Friday. FORLANI told Dimora to use his judgment and cautioned Dimora, as long as you go
  1765. with Neiheiser, you might as well “publish it on CNN.” FORLANI said, “Oh my God, JIMMY.
  1766. God love him he can’t shut his f---n’ mouth. I mean he’s brutal.” Dimora said that is why he is
  1767. l'lCfVOLlS.
  1768. 270. On or about March 1 l, 2008, Dimora caused to be deposited into his joint
  1769. checking account, a check in the amount of $3,600 dravm on Neiheiser’s account and made
  1770. payable to Lori Dimora, who was Dimora`s wife.
  1771. 271. On or about May 5, 2008, FORLANI told DIMORA, “Neiheiser said he might
  1772. wanna stop out tomorrow night. So . _ . maybe I’ll give you ajingle,” and then added, “That’s a
  1773. maior sponsor. That’s serious,” DIMORA responded, laughing, “I know,”
  1774. EXECUTION OF THE SCHEME
  1775. 272. On or about the dates listed below, in the Northem District of Ohio and elsewhere
  1776. FORLANI, Dimora, Neiheiser and others, for the purpose of executing the above-described
  1777. scheme and artitice, caused to be transmitted by means of wire communication, in interstate
  1778. commerce, writings, signs, signals, pictures, and sounds, including the following:
  1779. 55
  1780.  
  1781. [pagebreak]
  1782. Case: 1:11-cr-00491-JG Doc #2 1 Filed: 10/20/ll 56 of 91. F’age|D #1 56
  1783. Date Description
  1784. February 17 2008 Telephone call from FORLANI in Florida to Dimora in the Nonhem
  1785. March 2 2008 Telephone call from FORLANI in Florida to Dimora in the Northem
  1786. District of Ohio
  1787. March 3 2008 Telephone call from FORLANI in Florida to Dimora in the Northem
  1788. Distnct of Ohio.
  1789. District of Ohio.
  1790. All in violation of Title 18, United States Code, Section 1349.
  1791. The Grand Jury further charges:
  1792. COUNT 7
  1793. (Hobbs Act, 18 U,S.C. §§ 1951 and 2)
  1794. 273. Paragraphs 1 through 4, 6 through 7, 25 t.hough 26, 28 through 29, 44 through 45,
  1795. 47, 52 through 55, 63, 65, 72 through 73, 82, 91, and 114 through 116 ofthis Indictment are re-
  1796. alleged and incorporated by reference as if fully set forth herein.
  1797. 274. Beginning in or around Fall 2007 and continuing until in or around June 2008, the
  1798. exact dates being urtknown to the Grand Jury, in the Northem District of Ohio, Eastem Division
  1799. and elsewhere, James C. Dimora (not charged herein), aided and abetted by Defendant
  1800. MICHAEL FORLAN1, did knowingly obstruct, delay and affect and attempt to obstruct, delay
  1801. and affect commerce and the movement of articles and commodities in commerce by extortion;
  1802. that is, Dimora obtained property not due to him or his office, namely, a check for $3,600, from
  1803. William Neiheiser, with his consent, under color of official right.
  1804. A11 in violation ofTitle 18, United States Code, Section 1951 and 2.
  1805. 56
  1806.  
  1807. [pagebreak]
  1808. Case: 1:11-cr-00491-JG Doc #2 1 Filed: 10/20/ll 57 of 91. F’age|D #2 57
  1809. The Grand Jury further charges:
  1810. COUNT 8
  1811. (Hobbs Act Conspiracy, IS U.S.C. § 1951)
  1812. 275. Paragraphs l, 2, 6 through l 1, 22 through 23, 25 through 30, 39, 46, 56, 62, and
  1813. 76 through 77 of this Indictment are re-alleged and incorporated by reference as if fully set forth
  1814. herein.
  1815. THE CONSPIRACY
  1816. 276, Beginning in or around July 2003 and continuing until in or around October 2009
  1817. the exact dates being unknown to the Grand Jury, in the Northem District of Ohio, Eastem
  1818. Division and elsewhere, Defendant MICHAEL FORLANI, Santina Klimkowski (not charged
  1819. herein), and others known and unknown to the Grand Jury, did knowingly and intentionally
  1820. combine, conspire, confederate and agree with each other to obstruct, delay and affect commerce
  1821. and the movement of articles and commodities in commerce by extortion; that is, Klimkowski
  1822. obtained property not due to her or her office, from Doan and Neteam, with their consent, under
  1823. color of official right.
  1824. OBJECTS OF THE CONSPIRACY
  1825. 277. It was an object of the conspiracy that Klimkowski, with the assistance of
  1826. FORLANI, solicited and accepted things of value, for herself and her designees, from Doan and
  1827. Neteam, in return for Klimkowski using her County position and her MHCSD position to benefit
  1828. FORLANI, Doan, Solutions, and other businesses both as requested and as future opportunities
  1829. arose.
  1830. 57
  1831. »
  1832.  
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  1834. Case: 1:11-or-00491-JG Doo #2 l Filed: lO/20/ll 58 of 91. Page|D #2 58
  1835. 278. It was u iurther object ofthe eonspiraeytliz1tDuan und Solutions would received
  1836. payment on work Kiimkowski iniiuonced in the course ofthe scheme.
  1837. 279. It was ax further object ofthe conspiracy than FORIANI, Klimkowski and their co-
  1838. conspirzitnrs concealed and attempted to conceal the bribes described in this Count ofthe
  1839. indictment from law enforcement and the public.
  1840. MANNER AND MEANS
  1841. 280. lt was part ofthe conspiracy that:
  1842. 281. FORLANI solicited work at the MHCSD tor Donn and Solutions. much of which
  1843. was non-hid work under $l5.000 pcrjoh.
  1844. 283. At times, Kliinkowski used her influence at the MHCSD in support of Doon and
  1845. Solutions obtaining work at the MHCSD, At other times, Kiimknwski used her influence over
  1846. other MHCSD ofiicials in support o|` Doari and Solutions and their work at Ml-ICSD.
  1847. 284. At times, Klimkowski caused Krause, the MIICSD Treasurer to use his iniluenee
  1848. at the MHCSD. in support of Doon and Solutions obtaining and beginning work at the MIICSD.
  1849. 285, Klimkowski asked FORLANI to perform work on her residence and at the
  1850. residence ofher relative.
  1851. 286. From approximaltely May through August 2005, Dunn employees perlormed work
  1852. at Klimkou/ski’s residunee lor which Donn riicl not hill Klimkowski.
  1853. 287. In 2005, Doon performed work at the residence ol" Klirnl<owski`s relative for
  1854. which Doan did not bill Klimkowski or her relative.
  1855. 58
  1856.  
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  1858. Case: 1:11-cr-00491-JG Doc #2 l Filed: 10/20/ll 59 of 91. F’age|D #2 59
  1859. 288. From approximately September through December 2005, Neteam also performed
  1860. work at the residence of Klimkowski’s relative for which Neteam did not bill Klimkowski or her
  1861. relative,
  1862. 289. From time to time FORLANI told Klimkowski that Krause was delaying MHCSD
  1863. payments to Doan or delaying the start date of projects. When FORLANI made such complaints,
  1864. Klimkowski relayed them to Krause.
  1865. 290. On occasion, FORLANI requested assistance with matters relating to real estate
  1866. appraisals and real estate taxes for properties in which he had a financial interest and in which he
  1867. was considering investing. At times, FORLANI made similar requests of Klimkowski on behalf
  1868. of others. In response to such requests, Klimkowski assisted FORLANI by, among other things,
  1869. reviewing the taxes, establishing payment plans and walking FORLANI through the process of
  1870. filing a complaint.
  1871. 291. Sometime in 2008, FORLANI asked Klimkowski to review his commercial
  1872. property values.
  1873. 292. At times, FORLANI and Klimkowski communicated through intermediaries
  1874. including Russo.
  1875. Acts in furtl1erance of the conspiracy
  1876. 293. On or about July I7, 2003, Klimkowski voted to approve an MHCSD resolution
  1877. declaring that a case of urgent necessity existed and authorizing Krause and Klimkowski to enter
  1878. into a contract with Doan to provide a tire alarm system at the MHCSD without advertisement or
  1879. competitive bidding.
  1880. 294. On or about November 2, 2004, Klimkowski left a message for FORLANI with a
  1881. Dean employee stating the name of the contractor who was building a house for her relative and
  1882. asking FORLANI to call Klimkowski aher FORLANI had talked to the builder.
  1883. 59
  1884.  
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  1886. Case: 1:11-cr-00491-JG Doc #2 1 Filed: 10/20/ll 60 of 91. F’age|D #160
  1887. 295. On or about February 22, 2005, Klimkowski left a telephone message with a Doan
  1888. employee for FORLANI in which she indicated that MHSD Treasurer Chris Krause was back in
  1889. town, and that Doan’s proposals were over the $25,000 limit. She asked that Forlani call her
  1890. “ASAP” so that she could better direct Doan.
  1891. 296. On or about July 12, 2005, Klimkowski approved a request of Krause and the
  1892. MHCSD Superintendent to enter into a $329,631 lease for an IP telephone system.
  1893. 297. On or about July 14, 2005, Christopher Krause, representing the MHCSD, signed
  1894. the contract, which listed Doan as a business partner.
  1895. 298. On or about July 15, 2005, a Doan employee took a telephone message for
  1896. FORLANI from an employee ofthe builder constructing the house for Klimkowski’s relative.
  1897. 299. On or about July 20, 2005, Klimkowski len a telephone message for FORLANI
  1898. with a Doan employee inquiring about the status ofthe electrical work on her relative’s house.
  1899. 300. On or about December 29, 2005, Neteam billed Doan $16,180.83 for work
  1900. performed on the residence of Klim1<owski’s relative.
  1901. 301. On or about March 20, 2006, Doan wrote a check payable to Neteam on the
  1902. December 29, 2005 invoice.
  1903. 302. On or about June 21, 2006, Klimkowski led a message with a Doon employee
  1904. asking FORLANI to call, indicating that she was reviewing the commercial property and needed
  1905. FORLANI’s input, and asking whether FORLANI had talked to a particular Doan employee
  1906. (who had performed work on her residence).
  1907. 303. On or about July 19, 2006, Klimkowski left a message for FORLANI indicating
  1908. that she was coming to see him.
  1909. 304. On or about August 1 l, 2006, Klimkowski left a message for FORLANI asking
  1910. for “direction” regarding a tax refund check for property in which F ORLANI had a financial
  1911. interest.
  1912. 305. On or about August 15, 2006, Klimkowski left a second message for FORLANI
  1913. indicating she was still “holding” the check referenced above “per your directions.”
  1914. 306. On frequent occasions from in or around 2002 to in or around September 2009,
  1915. the MHCSD paid Doan and Solutions for work they performed at the MHCSD.
  1916. All in violation of Title 18, United States Code, Section 1951.
  1917. 60
  1918.  
  1919. [pagebreak]
  1920. Case: 1:11-cr-00491-JG Doc #2 1 Filed: 10/20/11 61 of 91. F’age|D #161
  1921. The Grand Jtu'y ftuther charges:
  1922. COUNT 9
  1923. (Hobbs Act, 18 U.S.C. §§ 1951 and 2)
  1924. 307. Paragraphs 1, 2, 6 through 11, 22 through 23, 25 through 30, 39, 46, 56, 62, and
  1925. 76 through 77 of this Indictment are re-alleged and incorporated by reference as if fully set forth
  1926. herein.
  1927. 308. Beginning in or around July 2003 and continuing until in or arotmd October 2009,
  1928. the exact dates being unknown to the Grand Jury, in the Northem District of Ohio, Eastem
  1929. Division and elsewhere, Santina Klimkowski (not charged herein) aided and abetted by
  1930. Defendant MICHAEL FORLANI, and others known and unknown to the Grand Jury, did
  1931. knowingly obstruct, delay and affect commerce and the movement of articles and commodities in
  1932. commerce by extortion; that is, Klimkowski, with the assistance of FORLANI, and others,
  1933. obtained property not due to her or her offices, for herself and for her designees, from Neteam,
  1934. Doan, Vince Russo, and Vincore with their consent, under color of official right.
  1935. All in violation of Title 18, United States Code, Sections 1951 and 2.
  1936. The Grand Jury further charges:
  1937. COUNT 10
  1938. (Conspiracy to Commit Mail Fraud and Honest Services Mail Fraud, 18 U.S,C. §§ 1341 and
  1939. 1346 in violation of18 U.S.C, § 1349)
  1940. 309. Paragraphs 1, 6, 8, 10, 22 through 23, 25 through 28, 39, 46, 56, 62, and 76
  1941. through 77 of this Indictment are re-alleged and incorporated by reference as if fully set forth
  1942. herein.
  1943. 61
  1944.  
  1945. [pagebreak]
  1946. Case: 1:11-cr-00491-JG Doc #2 l Filed: 10/20/ll 62 of 91. F’age|D #2 62
  1947. THE CONSPIRACY
  1948. 310. From in or around July 2003 through in or around October 2009, the exact dates
  1949. being unknown to the Grand Jury, in the Northem District of Ohio, Eastem Division and
  1950. elsewhere, Defendant MICHAEL FORLANI, Santina Klimkowski (not charged herein), and
  1951. others known and unknown to the Grand Jury, did knowingly and intentionally combine,
  1952. conspire, confederate and agree with each other to commit an offense against the United States;
  1953. that is, to knowingly devise and intend to devise a scheme and artifice:
  1954. (1) to defraud and deprive the MHCSD and its taxpayers of their right to the honest and
  1955. faithful services of Klimkowski and other MHCSD officials, through bribery and
  1956. kickbacks and the concealment of material information related thereto,
  1957. (2) to defraud and deprive Cuyahoga County and its citizens of their right to
  1958. Klimkowski‘s honest and faithful services, through bribery and kickbacks and the
  1959. concealment of material infomation related thereto, and
  1960. (3) to defraud the MHCSD, and certain contractors and to obtain money and property by
  1961. means of materially false and fraudulent pretenses, representations and promises,
  1962. (4) to defraud Cuyahoga County, certain County property owners, and cenain prospective
  1963. property owners and to obtain money and property by means of materially false and
  1964. fraudulent pretenses, representations and promises,
  1965. and for the purpose of executing such scheme and artifice, to cause matters to be placed in any
  1966. post office and authorized depository for mail matter to be sent and delivered by the United
  1967. States Postal Service and private and commercial interstate carrier, in violation of Title 18,
  1968. United States Code, Sections 1341 and 1346.
  1969. 62
  1970.  
  1971. [pagebreak]
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  1973. OBJECT OF THE CONSPIRACY
  1974. 311. It was the object of the conspiracy that Klimkowski secretly used her official
  1975. positions to enrich herself by soliciting and accepting things of value from FORLANI, Doan and
  1976. Neteam, in exchange for favorable official action, and that F ORLANI enriched himself, Doan
  1977. and Solutions and their designees by secretly obtaining favorable official action for themselves
  1978. through corrupt means.
  1979. MANNER AND MEANS
  1980. 312. It was part of the conspiracy that:
  1981. 313. FORLANI, Doan and Neteam gave and offered to give Klimkowski and her
  1982. designees things of value including free home improvements for herself and for her relative and
  1983. in exchange, Klimkowski provided favorable official action and caused others to provide
  1984. favorable action for the benefit of FORLANI, Doan, Solutions and their designees both as
  1985. requested and as future opportunities arose.
  1986. 314. Klimkowski attempted to deprive the MHCSD and certain contractors of money
  1987. and property and to give Doan and Solutions and their designees a financial benefit by taking
  1988. official action related to the award and administration of public business, based on FORLANI
  1989. and others offering and giving things of value to Klimkowski and her clesignees and not based
  1990. solely on merit.
  1991. 315, Klimkowski attempted to deprive the Auditor’s Office and certain contractors of
  1992. money and propefry and to give FORLANI, Doan, and their designees a financial benefit by
  1993. taking official action related to the execution of Auditor’s Office business, based on FORLANI,
  1994. 63
  1995.  
  1996. [pagebreak]
  1997. Case: 1:11-cr-00491-JG Doc #2 1 Filed: 10/20/ll 64 of 91. F’age|D #2 64
  1998. Doan and Neteam offering and giving things of value to Klimkowski and her designees and not
  1999. based solely on merit.
  2000. 316. FORLANI, Klimkowski and others used and caused to be used the United States
  2001. mail and private and commercial interstate carriers to send and deliver mail matter in furtherance
  2002. of the conspiracy, including mail matter sent and received in the Northem District of Ohio.
  2003. 317. The conspiratms took steps to hide, conceal, and cover up their activity and the
  2004. nature and scope of Forlani’s dealings with Klimkowski.
  2005. Execution ofthe Scheme
  2006. 318. From in or around July 2003 through in or around October 2009 in the Northern
  2007. District of Ohio and elsewhere, FORLANI, Klimkowski and others, for the purpose of executing
  2008. the above-described scheme and artiiice, caused documents to be delivered and sent through the
  2009. United States mails and by private and interstate carrier, including checks mailed by the MHCSD
  2010. from Maple Heights OH to Doan and Solutions in Bedford Heights OH.
  2011. 319. In addition, on or about October 28, 2005, FORLANI caused Middle Atlantic in
  2012. Fairfield, NJ to ship via UPS Ground to Neteam in Bedford Heights OH supplies for use in the
  2013. residence of Klimkowski’s relative.
  2014. All in violation of Title 18, United States Code, Section 1349.
  2015. The Grand Jury further charges:
  2016. COUNT ll
  2017. (Tampering with a Witness, Victim or lnfonnant,
  2018. 18 U.S.C. §§ l512(b)(2)(B) and (c)(2) and 2)
  2019. 320, Paragraphs 1, 6 though 7, 10, 23, 25 through 27, 39, 46, 52, 56, 62, 76, 77, and
  2020. 235 Of this Indictment are re-alleged and incorporated by reference as if fully set forth herein.
  2021. 64
  2022.  
  2023. [pagebreak]
  2024. Case: 1:11-cr-00491-JG Doc #2 1 Filed: lO/20/ll 65 of 91. F’age|D #2 65
  2025. The Obs1ruction
  2026. 321. From on or about July 28, 2008 to on or about July 16, 2009, inthe Northem
  2027. District of Ohio, Eastem Division, Defendant MICHAEL FORLANI, aided and abetted by Frank
  2028. P. Russo and Doan, did (1) corruptly persuade another person and attempt to do so with intent to
  2029. cause and induce any person to alter and conceal an object with intent to impair the object’s
  2030. integrity and availability for use in an official proceeding and (2) corruptly otherwise obstruct,
  2031. influence and impede an official proceeding and attempted to do so.
  2032. 322. lt was pan of the obstruction that FOKLANI tried to conceal from law
  2033. enforcement and the Grand Jury the fact that Klimkowski had solicited and accepted bribes,
  2034. kickbacks and gratuities from FORLANI, Doan and Neteam, and others.
  2035. 323. lt was part of the obstruction that FORLANI asked Russo to tell Klimkowski to
  2036. get rid of a television she had received in approximately December 2007.
  2037. 324. It was part ofthe obstruction that beginning in approximately March 2009, Doan
  2038. delivered and caused to be delivered two bills to Klimkowski for the work Doan had performed
  2039. on her residence free of charge in 2005. Although dated in March 2009, the invoice did not
  2040. indicate the date on which the work was performed.
  2041. 325. It was part ofthe obstruction that FORLANI told Russo to let Klimkowski know
  2042. that if she issued a back-dated check for the invoice, FORLANI would reimburse her with cash.
  2043. All in violation of Title 18, United States Code, Sections l5l2(b)(2)(B) and (c)(2) and 2.
  2044. 65
  2045.  
  2046. [pagebreak]
  2047. Case: 1:11-cr-00491-JG Doc #1 1 Filed: 10/20/ll 66 of 91. F’age|D #2 66
  2048. The Grand Jury further charges:
  2049. COUNT 12
  2050. (Conspiracy to Commit Wire Fraud and Honest Services Wire Fraud,
  2051. 18 U.S.C. §§ 1343 and 1346, in violation of 18 U,S.C,§ 1349)
  2052. 326. Paragraphs 1, 2, 5, 6, 40, 55, and 80 of this Indictment are re-alleged and
  2053. incorporated by reference as if fully set forth herein.
  2054. General Allegations
  2055. 327, Beginning in approximately 2002, Calabrese represented the PCSD.
  2056. 328. During the period ofthe conspiracy, Business 54 subcontracted work at the PCSD
  2057. to Doan.
  2058. THE CONSPIRACY
  2059. 329, From in or around 2001 through on or about July 28, 2008, the exact dates being
  2060. unknown to the Grand Jury, in the Northem District of Ohio, Eastem Division and elsewhere,
  2061. Defendants MICHAEL FORLANI and JAMES C. DIMORA, Anthony O. Calabrese, III (not
  2062. charged herein), John Kevin Kelley (not charged herein), and others knoum and unknown to the
  2063. Grand Jury, dicl knowingly and intentionally combine, conspire, confederate and agree with each
  2064. other to commit offenses against the United States; that is, to knowingly devise and intend to
  2065. devise a scheme and artitice:
  2066. (1) to defraud and deprive the PCSD, and the Cities of Parma, Parma Heights, and Seven
  2067. Hills and their citizens, of their right to the honest and faithful services of Kelley, through
  2068. bribery and kickbacks and the concealment of material information related thereto, both
  2069. as requested and as future opportunities arose, and
  2070. 66
  2071.  
  2072. [pagebreak]
  2073. Case: 1:11-cr-00491-JG Doc #2 l Filed: 10/20/ll 67 of 91. F’age|D #2 67
  2074. (2) to defraud the PCSD and certain contractors and to obtain money and property by
  2075. means of materially false and fraudulent pretenses, representations and promises,
  2076. and for the purpose of executing such scheme and artitice, to cause to be transmitted by means of
  2077. wire communication in interstate commerce, writings, signs, signals, pictures and sounds, in
  2078. violation of Title 18, United States Code, Sections 1343 and 1346.
  2079. OBJECT OF THE CONSPIRACY
  2080. 330. It was the object of the conspiracy that Kelley, aided and abetted by DIMORA,
  2081. secretly used his official position on the PCSD Board to enrich himself, his campaign,
  2082. FOR.LANI, Doan, Calabrese, Law Firm 1, their clients, and their designees, by soliciting and
  2083. accepting gifis, payments, and other things of value from Calabrese, FORLANI and others, in
  2084. exchange for favorable official action, and that FORLANI, Doan, Calabrese, Law Firm l, their
  2085. clients and their designees, enriched themselves by secretly obtaining favorable official action
  2086. through cormpt means.
  2087. MANNER AND MEANS
  2088. 331. It was part of the conspiracy that:
  2089. 332. Calabrese asked Kelley to use his official position to influence PCSD business to
  2090. benefit FORLANI, Doan, Calabrese, Law Firm l, their clients and designees.
  2091. 333. Kelley used his official position to award PCSD business both directly, and
  2092. through sub-contracts, including Doan’s subcontracts with Business 54, to Doan, both as
  2093. requested and as future opportunities arose.
  2094. 67
  2095.  
  2096. [pagebreak]
  2097. Case: 1:11-cr-00491-JG Doc #2 1 Filed: lO/20/ll 68 of 91. F’age|D #2 68
  2098. 334. Kelley used his official position to administer PCSD business favorably to
  2099. FORLANI and Doan, Law Firm l and Ca|abrese’s clients, both as requested and as future
  2100. opportunities arose.
  2101. 335. Calabrese and FORLANI offered and gave to Kelley gifts, payments, and other
  2102. things of value, and Kelley solicited and accepted gifts, payments, and other things of value from
  2103. FORLANI, Calabrese, and others. The things of value included campaign contributions, cash,
  2104. tickets, and meals.
  2105. 336. DIMORA assisted Kelley in obtaining funds for Kelley’s campaign from
  2106. FORLANI via the Cuyahoga County Democratic Party.
  2107. 33 7, At times, Calabrese directly provided things of value to Kelley, At other times,
  2108. Calabrese served as an intemiediary between Kelley and FORLANI and others seeking favorable
  2109. official action from Kelley and the PCSD,
  2110. 338. On occasion, when Calabrese served as a conduit, Calabrese used code words to
  2111. reveal to-Kelley the source ofthe thing of value that Calabrese was giving to Kelley.
  2112. 339. Kelley attempted to deprive the PCSD and certain contractors of money and
  2113. property and to give Doan, Business 54 and Calabrese and his clients a financial benefit by taking
  2114. official action related to the award and administration of public business, based on FORLANI,
  2115. Calabrese and others offering and giving things of value to Kelley and his designees and not
  2116. based solely on merit.
  2117. 340. FORLANI, Dimora, Calabrese, and Kelley transmitted and caused to be
  2118. transmitted by means of Wire communications, in interstate commerce, writings, signs, signals,
  2119. pictures and sound sent and received in the Northem District of Ohio.
  2120. 68
  2121.  
  2122. [pagebreak]
  2123. Case: 1:11-cr-OO49l-JG Doc #2 1 Filed: 10/20/ll 69 of 91. Page|D #169
  2124. 341. The eonspirators look steps to hide. ennceal, and cover up their activity andthe
  2125. nature and scope nf Ca1abrese`s and FORLANVS dealings with Kelley.
  2126. EXECUTION OF THE SCl'llil\/lli
  2127. 342. On or about the dates listed below, in the Northern District of Ohio and elsewhere
  2128. FORLANI, DIMORA, Calabrese, Kelley, and other conspirators for the purpnse rifexceuting the
  2129. above-cleseribecl scheme and urti lice, caused to be transmitted by means of wire communication,
  2130. in interstate ccntineree. writings, signs. signals, pictures, and sounds, including the lbllowing:
  2131. Augus130, 2005 lnvnice and related documents emailed lrum Dean in Bedford Heights
  2132. O1-1 to Business 54 in Wisconsin lor work Dean perlbrmed at PCSU
  2133. lunc 70 2007 ln\ nice and related documents ciriailed lrom Doan in Bcdlurd Heights
  2134. OH to Business 34 in Wisconsin lor »\orl\ Dean pcitortncd at PLbl_)
  2135. Jul) 24 7007 1n\/nice and related documents cniailcd from Dean in Bedford Heifilits
  2136. » ) _I ` < . - _\ ~ ` » i ` » 'D
  2137. OH to Business 54 in Wisconsin lbr work Donn performed at PCSD.
  2138. Allin violation o1`Tille 18, United States Code. Section 1349.
  2139. The Grand .luxy lurther charges:
  2140. Count I3
  2141. (Conspiracy to Commit Bribery Concerning Programs Receiving Federal Funds,
  2142. 18 U.S.C, § 371)
  2143. 343. Paragraphs 1, 6, 12, 14, I6, 18, 23, 35, and 57 of this Indictment are re-alleged
  2144. and incorporated by reference as if fully set lbrth herein.
  2145. GENERAL ALLEGATIONS
  2146. 344, At all times material to this Count ofthe Indictment:
  2147. 69
  2148.  
  2149. [pagebreak]
  2150. Case: 1:11-cr-00491-JG Doc #1 1 Filed: 10/20/ll 70 of 91. F’age|D#: 70
  2151. 345. The legislative powers ofthe City of Cleveland were vested in the Cleveland City
  2152. Council.
  2153. 346, Veterans Development was engaged in a development project in the City of
  2154. Cleveland valued at approximately $120 million in 2006 and known as the VA Development
  2155. Project.
  2156. 347. The City of Cleveland was a government agency as that term is defined in Title
  2157. 18, United States Code, Section 666(d)(2). The City received benefits in excess ot" $10,000
  2158. during the years April 1, 2005 through March 31, 2006, and April 1, 2006 through March 31,
  2159. 2007, and April 1, 2007 through March 31, 2008 under a Federal program involving a grant,
  2160. contract, subsidy, loan, guarantee, insurance and other form of Federal assistance.
  2161. , 348, Pierce Scott was an agent ofthe City ofCleveland as defined in Title 18, Section
  2162. 666(d)(l ), United States Code.
  2163. THE CONSPIRACY
  2164. 349. From on or about August 2005 and continuing through on or about July 28, 2008,
  2165. the exact dates being unknown to the Grand Jury, in the Northern District of Ohio, Eastern
  2166. Division and elsewhere, Defendant MICHAEL FORLANI, Sabra Pierce Scott (not charged
  2167. herein), and and others known and unknovim to the Grand Jury, did knowingly and intentionally
  2168. combine, conspire, confederate and agree with each other to commit an offense against the
  2169. United States, that is, bribery conceming programs receiving federal funds, in violation of Title
  2170. 18, United States Code, Sections 666(a)(1)(B) and (a)(2).
  2171. 70
  2172.  
  2173. [pagebreak]
  2174. Case: 1:11-cr-00491-JG Doc #1 1 Filed: 10/20/11 71 of 91. F’age|D#: 71
  2175. OBJECTS OF THE CONSPIRACY
  2176. 350. It was an object ofthe conspiracy that Pierce Scott corruptly solicited, demanded
  2177. and accepted things of va1ue for the benefit of any person from FORLANI and Doan, and
  2178. FORLANI, acting with the intent that Pierce Scott be influenced and rewarded in connection
  2179. with any business, transaction and series of transactions ofthe City of Cleveland valued at
  2180. $5,000 or more in each ofthe years April 1, 2005 through March 31, 2006, April 1, 2006 through
  2181. March 31, 2007, and April 1, 2007 through March 31, 2008; that is, Cleveland City Council
  2182. legislation and the City of Cleveland`s promotion of the VA Development Project, both as
  2183. requested and as future opportunities arose. The things of value included approximately $2,000
  2184. in cash, and ajob for Pierce Scott’s son at Doan.
  2185. 351. It was a further object ofthe conspiracy that FORLANI corruptly gave, offered
  2186. and agreed to give to Pierce Scott the above-referenced things of value, acting with the intent to
  2187. influence and reward Pierce Scott in connection with the business, transaction and series of
  2188. transactions alleged above.
  2189. MANNER AND MEANS
  2190. 352. It was part ofthe conspiracy that Pierce Scott used her position as a member of
  2191. Cleveland City Council to solicit and accept things of value from FORLANI and Doan, knowing
  2192. that FORLANI wanted Pierce Scott’s support for the VA Development Project in the City of
  2193. Cleveland.
  2194. 353. It was a further part ofthe conspiracy that Pierce Scott supported the VA
  2195. Development Project by, among other things, (1) meeting with FORLANI and his colleagues, (2)
  2196. meeting with property owners in the area to discuss the VA Development Project, (3) guiding
  2197. 71
  2198.  
  2199. [pagebreak]
  2200. Case: 1:11-cr-00491-JG Doc #2 l Filed: 10/20/ll 72 of 91. F’age|D #2 72
  2201. legislation in support of the VA Development Project through Cleveland City Council and its
  2202. committees, (4) enlisting support for the VA Development Project with her fellow Council
  2203. members, (5) supporting the VA Development Project at public meetings, and in the community
  2204. and (6) assisting FORLANI obtain funding for the VA Development Project.
  2205. 354. It was a further part of the conspiracy that in or around April 2005, Pierce Scott
  2206. discussed her re-election campaign finance goals with FORLANI. In response, FORLANI raised
  2207. funds for Pierce Scott’s campaign.
  2208. OVERT ACTS
  2209. 355. In furtherance ofthe conspiracy, and to effect the objects thereof, Pierce Scott,
  2210. FORLANI and others committed the following overt acts in the Nordiem District of Ohio and
  2211. elsewhere:
  2212. A. In or around July 2005, FORLANI and Pierce Scott had a conversation in
  2213. which FORLANI told Pierce Scott he was looking for minority employees to work on a project
  2214. Doan had been contracted to perform. Pierce Scott asked FORLANI to hire her son. FORLANI
  2215. agreed.
  2216. B. On or about August 17, 2005, Pierce Scott sponsored legislation in the
  2217. Cleveland City Council for an ordinance to sell land owned by the City of Cleveland for use in
  2218. the VA Development Project.
  2219. C. In or around August 2005, FORLANI and Pierce Scott had a conversation
  2220. in which Pierce Scott asked FORLANI if her son could workin Doan’s office due to a non work-
  2221. related injury that would make it difficult for her son to work on the project for which FORLANI
  2222. had hired him. FORLANI agreed.
  2223. D. On or about November 20, 2006, Pierce Scott spoke at a meeting ofthe
  2224. Committee on Finance ofthe Cleveland City Council, attended by FORLANI, and in response to
  2225. her colleague questioning the level of minority participation on the VA Development Project,
  2226. Pierce Scott stated, “[H]ow dare you use your own approach to question a project in my ward
  2227. Without having a discussion with me first. You are out of line. And you will not continue to
  2228. come to this table and get in other people’s ward business. I do not appreciate it and if you’ve
  2229. got a problem with this project you should have said something to me. You have no right to sit
  2230. 72
  2231.  
  2232. [pagebreak]
  2233. Case: 1:11-er-OO49l-JG Doe #2 1 Filed: 10/20/ll 73 ot 91. Page|D #1 73
  2234. here and question them. You don’t understand what it takes to get this done. And yott’re wrong.
  2235. ldon`t appreciate it. And you’re not going to sit hcrc and build a reputation otfofme, ldon`t
  2236. mess with your proieets and t,lon’t you mess with mine."
  2237. E. On or about November 22, 2006, Pierce Scott co-sponsored legislation in
  2238. the Cleveland City Council tor an ordinance authori7ing real estate eonveyances forthe purpose
  2239. ofetttering into the chain-of-title prior to the adoption oftax increment financing legislation and
  2240. authorizing an agreement between the City o1`Cleve1and and Veterans Development, LLC, all tor
  2241. the benelit ofthe V/\ Development Project.
  2242. F. On or about November 29, 2006, Pierce Scott co-sponsored legislation in
  2243. the Cleveland City Council for an ordinance providing, among other things, for approval ofa Tax
  2244. Increment Financing /\gi‘eement forthe benelit ol` the VA Development Project.
  2245. G. On or about March 12, 2007, Pierce Scott asked FORLAN1 for
  2246. approximately $2,000.
  2247. 1-1. Later in the day, on or fil‘70l.\1i\/l£1l‘Cl‘t 12. 2007, FORLANI gave Pierce Scott
  2248. an envelope containing approximately $2.000 in cash.
  2249. I. On or about April 17, 2007, Piercc Scott scheduled a meeting with a
  2250. property owner aflectecl by thc VA Development Project.
  2251. J. On or about June 20, 2007, Pierce Scott eo-sponsored additional
  2252. legislation in the Cleveland City Cotlneil for an ordinance providing. among other things, for
  2253. approval ofa Tax Increment Financing Agreement for the beneiit ofthe V /\ 1')e\'elopment
  2254. Project.
  2255. K. On or about November 6, 2007, Pierce Scott attended a Cleve1and~
  2256. Cuyahoga County Port Authority meeting and spoke in supnott oftinancing tor the VA
  2257. Development Project.
  2258. All in violation o1"1`it1e 18. United States Code, Section 371.
  2259. The Grand Jury further charges:
  2260. COUNT I4
  2261. (ljribery Concerning Programs Receiving Federal Funds, l8
  2262. U.S,C, §§ 666(a)(2) and 2).
  2263. 356, Paragraphs 1.6, 12, 14. 16, 18, 23, 35. 57. 345, 346, and 348 ofthis Indictment
  2264. are re»al1eged and incorporated by relbrenee as il`ttt1ly set Forth herein.
  2265. 73
  2266.  
  2267. [pagebreak]
  2268. Case: 1:11-er-OO49l-JG Doc #2 1 Filed: 10/20/ll 74 of 91. Pa.ge|D #1 74
  2269. 357. The City of Cleveland received bcnctits in excess o1`$10,000 during the year
  2270. November 7, 2006 through November 6, 2007, under n Federal program involving at grant.
  2271. contract, subsidy, loan. guarantee. insurance and other form of Federal assistance.
  2272. The Scheme
  2273. 358, Beginning on or about November 7, 2006 and continuing until on or about
  2274. November 6, 2007, the exact dates being unknown to the Grand Jury, in the Nnrtltem District of
  2275. Ohio, Eastern Division and elsewhere, Defendaitt MICHAEL FORLAN1 and others knovm and
  2276. unknown to the Grand Jury, did corruptly give, offer, and agree to give anything ofvalue to any
  2277. person, with intent tn influence and reward Sabre Pierce Scott, an agent ofthe City ot`C1eveland,
  2278. in connection with any business, transaction and series of transactions ofthe City ofClcveland
  2279. involving any thing ol' value oI`$5,000 or more; namely, Cleveland City Council legislation and
  2280. the City ofC1eve1and’s promotion ofthe VA Development Project.
  2281. All in violation of'l`it1e 18, United States Code, Sections 666(a)(2) and 2.
  2282. The Grand Jury further charges;
  2283. Count 15
  2284. (Conspiracy to Commit Mail Fraud and Honest Services Mail Fraud,
  2285. 18 U.S.C. §§ 1341 and 1346 and Wire 1’rau1.l and Honest Services Wire Fraud. 18 1J.S.C`.
  2286. §§ 1343 :incl 1346, in violation oI'18 U.S.C. § 1349)
  2287. 359. Paragraphs 1, 6, 12, 14, 16, 18, 23, 35, 57, and 345 ot`this indictment are re-
  2288. alleged and incorporated by reference as if fully set forth herein.
  2289. T1113 CONSPIRACY
  2290. 360. From in or around. August 2005 and continuing through on or about July 28, 2008
  2291. the exact dates being unknown to the Grand Jury, in the Northern District of Ohio, Eastern
  2292. 74
  2293.  
  2294. [pagebreak]
  2295. Case: 1:11-cr-00491-JG Doc #2 1 Filed: lO/20/ll 75 of 91. F’age|D #2 75
  2296. Division and elsewhere, Defendant MICHAEL FORLANI and Sabra Pierce Scott (not charged
  2297. herein), and others known and unknown to the Grand Jury, did knovtnngly and intentionally
  2298. combine, conspire, confederate and agree with each other to commit offenses against the United
  2299. States; that is, to knowingly devise and intend to devise a scheme and artitice:
  2300. (I) to defraud and deprive the City of Cleveland and its citizens, of their right to the
  2301. honest and faithful services of Pierce Scott, through bribery and kickbacks and the
  2302. concealment of material infomation related thereto, both as requested and as future
  2303. opportunities arose, and
  2304. (2) to defraud the City of Cleveland, the Port Authority and the United States Department
  2305. of Veterans Affairs, certain contractors and certain funding applicants and to obtain
  2306. money and property by means of materially false and fraudulent pretenses,
  2307. representations and promises,
  2308. and for the purpose of executing such scheme and artifice, to (I) cause matters to be placed in
  2309. any post office and authorized depository for mail matter to be sent and delivered by the United
  2310. States Postal Sen/ice and private and commercial interstate carrier, in violation of Title 18,
  2311. United States Code, Sections 1341 and 1346 and (2) to cause to be transmitted by means of wire
  2312. communication in interstate commerce, writings, signs, signals, pictures and sounds, in violation
  2313. ofTitle 18, United States Code, Sections |343 and |346.
  2314. OBJECT OF THE CONSPIRACY
  2315. 361. It was the object of the conspiracy that Pierce Scott, secretly used her official
  2316. position to enrich herseli her campaign, FORLANI, and Veterans Development, LLC, and their
  2317. designees by soliciting and accepting payments, and other things of value from FORLANI and
  2318. 75
  2319.  
  2320. [pagebreak]
  2321. Case: 1:11-cr-OO49l-JG Doc #2 1 Filed: 10/20/ll 76 of 91. Page|D #1 76
  2322. Donn, in exchange for favorable official action, and that FORLANI and Veterans Development
  2323. enriched themselves and their designees by secretly obtaining favorable oflicial action lhr
  2324. themselves through corrupt means.
  2325. M/\NNlER AND MEANS
  2326. 362. lt was part ofthe conspiracy that:
  2327. 363. Pierce Scott used her ollieial position to inlluence the Cleveland City Council,
  2328. properly owners in the City ol`Clevcland, and the Port Authority lor the beneht of FORL/\Nl and
  2329. Vctcrztns Development, LLC, both as requested and as future opportunities arose.
  2330. 364. FORLANI and Donn offered and gave to Pierce Scott gids, payments, and other
  2331. things of value, and Pierce Scott solicited and accepted gifts, payments, and other things ot` vulne
  2332. from FORLANI and Donn. `l`hc things of value included campaign contributions. cash, and ajoh
  2333. for Pierce Scot\`s son.
  2334. 365. Pierce Scott attempted to deprive the Ciry ofCleveltind, thc Port Authority and the
  2335. United States Department of Veterans Aftbirs and certain contractors and ttinding applicants of
  2336. money and property and to give Veterans Development, Veteran`s Development Domiciliary
  2337. LLC. Wade Park Retail. LLC, Fedco, Deep Three and their dcsignecs at linancizil benefit by
  2338. taking ollicial action rclzited to thc award and adnnnistration of public business, based on
  2339. FORLANI and others offering and giving things ofvttlue to Pierce Scott and her designces and
  2340. not based solely on merit.
  2341. 366. The eunspiretors took steps to hide, conceal, and cover up their activity and the
  2342. nature and scope of FORIANVS dealings with Pierce Scott.
  2343. 76
  2344.  
  2345. [pagebreak]
  2346. Case: 1:11-cr-00491-.JG Doc #1 l Filed: lO/20/ll 77 of 91. Page|D #2 77
  2347. 367. l"O1{LAl\l and Pierce Scott and others used and caused to be used the United
  2348. States mail and private and comniercial interstate carriers to send and deliver mail matter in
  2349. furtherance ofthe conspiracy, including mail matter sent and received in the Northern District of
  2350. Ohio.
  2351. 368. FORLANI and Pierce Scott and others caused to be transmitted by means of wire
  2352. communication, in interstate commerce, writings, signs, signals, pictures. and sounds and used
  2353. and caused to be used the United States mail and private and commercial interstate carriers to
  2354. send and deliver mail matter, all in furtherance ul`the conspiracy, including mail matter and
  2355. interstate wire communications sent and received in thc Northern District of Ohio,
  2356. 369. On or about the dates listed below, in the Nnrrhem District of Ohio and elsewhere
  2357. FORLANI and Pierce Scott, for the purpose of executing the above-described scheme and
  2358. artince, caused documents to be delivered and sent through the United States mails and by
  2359. private and interstate carrier, and caused to be transmitted by means of wire communication, in
  2360. Date
  2361. December 18
  2362. 7006
  2363. May 7 7007
  2364. July J, 2007
  2365. July 5, 2007
  2366. .luly 5, 2007
  2367. Description
  2368. llealth Insurance l orms lor Pierce bcott s son mailed trom Dean in
  2369. Bcdlord Heights Oli to Anthem Blue Cross and Blue Shield in ’\tlanta
  2370. Letter hom FORLAN1 IH Bedtotd llttuhts 01| to MW in Washington
  2371. D C re Construction Budget Adjustments
  2372. An e-mail from RM in Cleveland Oli to A/\ in Colorado regarding the
  2373. North Exit lrom the VA parking structure.
  2374. Park Extension it liast Boulevard.
  2375. An e-mail from AA in Colorado to CK in Cleveland O11 re: Rockefeller
  2376. Park Extension at Fast Boulevard.
  2377. interstate commerce, writings, signs, signals, pictures, and sounds, including the following:
  2378. _
  2379. An c-mail Horn CK in Cleveland OH to AA in Colorado re: Rockefeller
  2380. .
  2381. 77
  2382.  
  2383. [pagebreak]
  2384. Case: 1:11-cr-00491-JG Doc #2 l Filed: 10/20/ll 78 of 91. F’age|D #2 78
  2385. All in violation of Title 18, United States Code, Section 1349.
  2386. The Grand Jury further charges:
  2387. COUNT 16
  2388. (Hobbs Act Conspiracy, 18 U.S,C. § 1951)
  2389. 370. Paragraphs 1, 6 through 7, 12, 14, 16, 18, 23, 35 through 36, 57, and 345 ofthis
  2390. Indictment are re-alleged and incorporated by reference as if fully set forth herein.
  2391. CONSPIRACY
  2392. 371. Beginning in or around August 2005 and continuing until in or around July 28,
  2393. 2008, the exact dates being unknown to the Grand Jury, in the Northem District of Ohio, Eastem
  2394. Division and elsewhere, Defendant MICHAEL FORLANI, Sabra Pierce Scott (not charged
  2395. herein), and others known and unknown to the Grand Jury, did knowingly and intentionally
  2396. combine, conspire, confederate and agree with each other to obstruct, delay and affect commerce
  2397. and the movement of articles and commodities in commerce by extortion; that is, Pierce Scott,
  2398. with the assistance of FORLANI, obtained property not due to her or her office, namely, cash,
  2399. campaign contributions and ajob for her son, from Doan, and campaign contributions from Doan
  2400. employees with their consent, under color of official right.
  2401. All in violation of Title 18, United States Code, Sections 1951 and 2.
  2402. The Grand Jury further charges:
  2403. Count 17
  2404. (Conspiracy to Commit Bribery Concerning Programs Receiving Federal Funds,
  2405. 18 U.S.C, § 371)
  2406. 372. Paragraphs 1, 6, 41, and 58 of this Indictment are re-alleged and incorporated by
  2407. reference as if fully set forth herein.
  2408. 78
  2409.  
  2410. [pagebreak]
  2411. Case: 1:11-cr-00491-JG Doc #2 l Filed: 10/20/ll 79 of 91. F’age|D #2 79
  2412. General Allegations
  2413. 373, In every calendar year from 2006 through 2008, Metro, a government agency as
  2414. defined by Title 18, United States Code, Section 666(d)(2) and Ohio Revised Code, Section
  2415. 339.01 et seq., received benefits in excess of $10,000 Luider a Federal program involving a grant
  2416. contract, subsidy, loan, guarantee, instuance and other form of Federal assistance.
  2417. 374, John Carrol] was an agent of Metro as defined in Title 18, Section 666(d)(l),
  2418. United States Code.
  2419. 375. Carroll had the authority to approve Metro purchase orders without sealed
  2420. competitive bids or Metro board approval up to certain limits.
  2421. 376. Metro required that contracts over $25,000 be approved by the Metro Board of
  2422. Trustees following a review of sealed competitive bids. ln weekly review meetings with the
  2423. Metro Chief Executive Officer, Carroll made recommendations on which bids the board should
  2424. accept. Generally, the board followed Carroll’s recommendations.
  2425. 377. Competitively bid contracts contained contingency allowances of approximately
  2426. 5% to 12% of the total contract budget to cover unexpected costs that might arise under a
  2427. contract. When a condition was discovered which could lead to a contingency billing, a field
  2428. directive to address the condition was submitted to the project engineers and architects.
  2429. 378. Carroll had the authority to approve contingency billing if it fell within the
  2430. contingency allowances. Contractors requested distribution of contingency allowances on
  2431. “payment applications.”
  2432. 79
  2433.  
  2434. [pagebreak]
  2435. Case: 1:11-cr-00491-JG Doc #2 1 Filed: 10/20/ll 80 of 91. F’age|D #2 80
  2436. 379. Carroll had the authority to approve or reject the recommendation of engineers
  2437. and architects on change orders. Carroll usually followed the recommendations of the engineers
  2438. and architects.
  2439. 380. On occasion, Carroll lobbied engineers and architects on behalf of favored
  2440. contractors to facilitate the processing of change orders.
  2441. 381. Canoll had the power to expedite or delay Metro payments to contractors.
  2442. 382. Carroll had the power to allow additional time for contractors to complete
  2443. projects, and to assess (or not assess) liquidated damages when contracts were not completed on
  2444. time.
  2445. 383. At times, FORLANI used Neiheiser as an intennediary to communicate with
  2446. Carroll.
  2447. 384. At times, Carroll used Doan employees as intermediaries to communicate with
  2448. FORLANI.
  2449. 385. From approximately 2006 through 2008, Metro entered into approximately 26
  2450. construction contracts, subcontracts and purchase orders with Doan valued at a total of
  2451. approximately $9,551,976
  2452. 386. In each ofthe calendar years 2006 through 2008, the value of the Metro
  2453. contractors, subcontracts and purchase orders exceeded $5,000. '
  2454. THE CONSPIRACY
  2455. 387. From in or around 2006 and continuing through in or about mid~2008, the exact
  2456. dates being unknown to the Grand Jury, in the Northem District of Ohio, Eastem Division and
  2457. elsewhere, Defendant MICHAEL FORLANI, John Carroll (not charged herein) and others
  2458. 80
  2459.  
  2460. [pagebreak]
  2461. Case: 1:11-or-00491-JG Doc #2 l Filed: 10/20/ll 81 of 91. F’age|D #2 81
  2462. known and unknown to the Grand Jury, did knowingly and intentionally combine, conspire,
  2463. confederate and agree with each other to commit an offense against the United States, that is,
  2464. bribery concerning programs receiving federal funds, in violation of Title 18, United States Code
  2465. Sections 666(a)(1)(B) and (a)(2).
  2466. OBJECTS OF THE CONSPIRACY
  2467. 388, It was an object ofthe conspiracy that Carroll cormptly solicited, demanded and
  2468. accepted things of value for the benefit of any person from FORLANI and Doan, and FORLANI
  2469. and Doan acting with the intent that Carroll be influenced and rewarded in connection with any
  2470. business, transaction and series of transactions of Metro valued at $5,000 or more in each of the
  2471. calendar years 2006 through 2008; that is, Metro contracts, subcontracts and purchase orders,
  2472. both as requested and as future opportunities arose. The things of value included loge seats for
  2473. concerts, sporting event tickets, and approximately two to three golf outings per year at a private
  2474. country club in 2006 and 2007, meals, and drinks. It was a further object of the conspiracy that
  2475. FORLANI and Doan corruptly gave, offered and agreed to give to Carroll the above-referenced
  2476. things of value, acting with the intent to influence and reward Carroll in connection with the
  2477. business, transaction and series of transactions alleged above.
  2478. MANNER AND MEANS
  2479. 389. It was part ofthe conspiracy that Carroll used his position at Metro to solicit and
  2480. accept things of value from FORLANI and Doan, knowing that FORLANI wanted Carroll’s
  2481. support for Doan obtaining and administering work at Metro.
  2482. 390, It was a further part ofthe conspiracy that Carroll supported Doan’s efforts to
  2483. obtain work at Metro by, among other things, advising Metro contractors to use Doan as a
  2484. S1
  2485.  
  2486. [pagebreak]
  2487. Case: 1:11-cr-00491-JG Doc #1 1 Filed: 10/20/ll 82 of 91. F’age|D#: 82
  2488. subcontractor, and suggesting that FORLANI divide a proposal into two smaller ones to avoid
  2489. competitive bidding, and performing other official acts for tl1e benefit of Doan and FORLANI.
  2490. OVERT ACTS
  2491. 391. In furtherance of the conspiracy, and to effect the objects thereof, FORLANI,
  2492. Carroll and others committed the following overt acts in the Northern District of Ohio and
  2493. elsewhere:
  2494. A. On or about March 13, 2006, FORLANPS assistant told FORLANI that
  2495. she would be calling Carroll when tickets for the March 29th Dallas game were ready to be
  2496. picked up.
  2497. B. On or about April 4, 2006, Carroll sent an email to a Doan employee
  2498. stating that he wanted to break up the $28,000 lighting proposal into two proposals, each to be
  2499. under $25,000 and asking Doa|1 to resubmit the proposal.
  2500. C. On or about July 6, 2006, Carroll leh a message for FORLANI indicating
  2501. that he wanted four tickets for Roger Waters on September 27th, wanted FORLANI to go with
  2502. him, and also wanted a tee time.
  2503. D. On or about August 17, 2006, Carroll leh a message for FORLANI re:
  2504. “letter guaranteeing contract. But if you come back to him with any change orders, there will be
  2505. a legal issue (there will be no change orders issued).”
  2506. E. On or about February 9, 2007, Carroll left a message for FORLANI
  2507. thanking him for the Lakers tickets, asking for four tickets to Rod Stewart, and stating that
  2508. FORLANI had mentioned a loge but the tickets would be ok.
  2509. F. On or about March 16, 2007, Carroll leh a message for FORLANI stating
  2510. that he had heard from Neiheiser that FORLANI was mad at him but that Carroll had not done
  2511. what FORLANI thought Carroll had done.
  2512. G. On or about March 23, 2007, a Doan employee left a message for
  2513. FORLANI indicating that he had met with Carroll that day, and that “we will be getting some
  2514. money.”
  2515. H. On or about April 27, 2007, Carroll told FORLANI’S assistant he wanted
  2516. to play golfand have dinner on May Sth at Signature of Solon.
  2517. 82
  2518.  
  2519. [pagebreak]
  2520. Case: 1:11-cr-00491-JG Doe #1 1 Filed: 10/20/ll 83 of 91. F’age|D#: 83
  2521. I. On or about May 21, 2007, Carroll left a message for FORLANI asking for
  2522. tickets to two concerts, The Police on July 16th and Genesis on September 29th.
  2523. J. On or about May 24, 2007, Carroll sent an email to Greco responding to a
  2524. complaint from a Doan employee.
  2525. K. On or about July 6, 2007, Carroll leli a message for FORLANI requesting
  2526. tickets for the Police conceit.
  2527. L. On or about July 12, 2007, Carroll left a message for FORLANI requesting
  2528. tickets for the Police concert.
  2529. M. On or about July 13, 2007, Carroll left a message for FORLANI requesting
  2530. tickets for the Police concert.
  2531. N. On or about August 9, 2007, Carroll left a message for FORLANI asking
  2532. whether he could “do a foursome Saturday at Signature” of Solon around 1:00 p.m., and whether
  2533. he could have some Cleveland Indians baseball tickets.
  2534. O. On or about August 29, 2007, Carroll left a message for FORLANI
  2535. requesting six Doan polo shirts to give away as door prizes, and indicating that Carroll wanted to
  2536. play golf again.
  2537. P. On or about March 21, 2008, FORLANI authorized BE60 to give Carroll
  2538. four tickets to an Avril Lavigne concert.
  2539. Q. On or about April 16, 2008 at approximately 2:41 p.m., FORLANI asked
  2540. BE60 if she had heard from John Carroll. FORLANI said, “I want that f ----- g meeting, That guy
  2541. ain’t f ----- g ducking me. I want that f ----- g meeting." BE60 replied, “I-le’s giving you the pitch."
  2542. FORLANI questioned whether Carroll was out of town. BE60 agreed to call Carroll again.
  2543. FORLANI said, “That guy will f---»-g come see me .... or I’ll go see our f--»--g County
  2544. Commissioners and have a new f ----- g guy in charge of Metro .... I’m not f ----- g around, I want
  2545. to see that f -»-~- g guy.” BE60 replied, “’Kay.”
  2546. R. On or about April 23, 2008, FORLANI and Neiheiser had a conversation
  2547. in which FORLANI said, “Is our friend [Carroll] from last night gorma go try to do the right
  2548. thing and at least get me the money l’m rightfully entitled to?" Neiheiser responded, “Oh, the
  2549. $70,000?" FORLANI replied, “Yeah." Neiheiser said, “Yeah, he said he’d get it.” FORLANI
  2550. said, “I mean, I’d hate to have to have a complete shakeup of, of uh, Metro’s, like, Board."
  2551. Neiheiser said, “Yeah, I know, he goes, alter you leh, he goes, 'Shooo, I thought he [Forlani] was
  2552. gonna ask me [Carroll] for $2,300. l [Carroll] didn’t know what to do. I [Carroll] can find 70.”’
  2553. 83
  2554.  
  2555. [pagebreak]
  2556. Case: 1:11-cr-00491-JG Doc #2 1 Filed: 10/20/ll 84 ot 91. F’age|D #1 84
  2557. S. On or about April 29, 2008, at approximately 5:00 p.m., Carroll sent an
  2558. email to Thomas Greco stating that “MIKE [FORLANI] reduced his premium request from
  2559. $300,000 to $72,000. How about them apples?"
  2560. T. On or about April 29, 2008, in response to a change order request, Carroll
  2561. sent an email to BE60 re: Metro Geriatrics in which he stated, “Since speaking with MIKE
  2562. [FORLANI] I have found that [a Doan employee] has signed off the closeout of the Geriatrics
  2563. program. I did speak to MIKE [FORLANI] about handling this matter and will do so."
  2564. _ U. On or about April 30, 2008, Doan invoiced Metro for approximately
  2565. $71,977.
  2566. V. On or about May 8, 2008, FORLANI asked Neiheiser if Neiheiser could
  2567. get “your friend from that public hospital [Carroll] in your office today.”
  2568. W. On or about May 19, 2008, in response to an email from BE60 asking if
  2569. “status of premium time theoretically a direct result of additional change order work (i.e.,
  2570. $71,9l6.00)," Carroll sent an email to BE60 stating, “We will take care of by altemate means -
  2571. will speak with you off line. My problem is that [a Doan employee] signed off without the
  2572. $71,000. Talk with you soon.”
  2573. All in violation ofTitle 18, United States Code, Section 371.
  2574. The Grand Jury further charges:
  2575. Count 18
  2576. (Conspiracy to Commit Mail Fraud and Honest Services Mail Fraud,
  2577. 18 U.S.C. §§ |341 and 1346 in violation ol`18 U.S.C.§ 1349)
  2578. 392. Paragraphs 1, 6, 41, 58, and 375 through 385 of this Indictment are re-alleged and
  2579. incorporated by reference as if fully set forth herein.
  2580. THE CONSPIRACY
  2581. 393. From in or around 2006 and continuing through in or about mid-2008, the exact
  2582. dates being unknown to the Grand Jury, in the Northern District of Ohio, Eastern Division and
  2583. elsewhere, Defendant MICHAEL FORLANI and John Carroll (not charged herein), and others
  2584. known and unknown to the Grand Jury, did knowingly and intentionally combine, conspire,
  2585. 84
  2586.  
  2587. [pagebreak]
  2588. Case: 1:11-cr-00491-JG Doc #2 l Filed: 10/20/ll 85 of 91. F’age|D #2 85
  2589. confederate and agree with each other to commit offenses against the United States; that is, to
  2590. knowingly devise and intend to devise a scheme and artifice:
  2591. (1) to defraud and deprive the County and its citizens, and Metro of their right to the
  2592. honest and faithful services of Carroll, through bribery and kickbacks and the
  2593. concealment of material information related thereto, both as requested and as future
  2594. opportunities arose, and
  2595. (2) to defraud the County and Metro and certain contractors and to obtain money and
  2596. property by means of materially false and fraudulent pretenses, representations and
  2597. promises,
  2598. and for the purpose of executing such scheme and artifice, to cause matters to be placed in any
  2599. post office and authorized depository for mail matter to be sent and delivered by the United
  2600. States Postal Service and private and commercial interstate carrier, in violation of Title I8,
  2601. United States Code, Sections 1341 and 1346,
  2602. OBJECT OF THE CONSPIRACY
  2603. 394. lt was the object of the conspiracy that Carroll secretly used his ofticial position to
  2604. enrich himself by soliciting and accepting payments, and other things of value, from FORLANI,
  2605. Doan and others, in exchange for favorable official action, a|1d that FORLANI and Doan
  2606. enriched themselves by secretly obtaining favorable official action for themselves through
  2607. corrupt means.
  2608. 85
  2609.  
  2610. [pagebreak]
  2611. Case: lzll-cr-00491-JG Doc #2 l Filed: 10/20/ll 86 of 91. F’age|D #1 86
  2612. MANNER AND MEANS
  2613. 395. It was part ofthe conspiracy that:
  2614. 396. Carroll used his official position to influence Metro for the benefit of FORLANI
  2615. and Doan both as requested and as future opportunities arose.
  2616. 397. FORLANI and Doan offered and gave to Carroll gifts and other things ofvalue,
  2617. and Carroll solicited and accepted gifts and other things of value from FORLANI, Doan and
  2618. others. The things of value included loge seats for concerts, sporting event tickets, and
  2619. approximately two to three golf outings per year at a private country club in 2006 and 2007,
  2620. meals, and drinks.
  2621. 398. Carroll attempted to deprive the County and Metro and certain contractors of
  2622. money and property and to give Doan and its designees a financial benefit by taking official
  2623. action related to the award and administration of public business, based on FORLANI and Doan
  2624. offering and giving things of value to Carroll and his designees and not based solely on merit.
  2625. 399. The conspirators took steps to hide, conceal, and cover up their activity and the
  2626. nature and scope of FOR.LANI’S dealings with Carroll.
  2627. 400. FORLANI, Carroll and others used and caused to be used the United States mail
  2628. and private and commercial interstate carriers to send and deliver mail matter in furtherance of
  2629. the conspiracy, including mail matter sent and received in the Northem District of Ohio. These
  2630. matters included Metro checks mailed to Doan and Doan invoices mailed to Metro throughout
  2631. the period ofthe conspiracy, including the following:
  2632. 86
  2633.  
  2634. [pagebreak]
  2635. Case: 1:11-cr-00491-JG Doe #2 1 Filed: 10/20/ll 87 of 91. F’age|D #1 87
  2636. Date
  2637. 1 1/01/2006
  2638. 12/20/2006
  2639. 0 l/04/2007
  2640. 01/30/2007
  2641. 02/09/2007
  2642. 02/22/2007
  2643. 02/28/2007
  2644. Ol/16/2007
  2645. 05/04/2007
  2646. 10/26/2007
  2647. I 1/21/2007
  2648. 11/29/2007
  2649. 06/ 13/2008
  2650. 10/08/2008
  2651. Description
  2652. Check from Metro in Cleveland OH to Doan in Bedford Heights OH
  2653. Check from Metro in Cleveland OH to Doan in Bedford Heights OH
  2654. Cheek from Metro in Cleveland OH to Doan in Bedford Heights OH
  2655. Check from Metro in.Cleveland OH to Doan in Bedford Heights OH
  2656. Check from Metro in Cleveland OH to Doan in Bedford Heights OH
  2657. Check from Metro in Cleveland OH to Doan in Bedford Heights OH
  2658. Check from Metro in Cleveland OH to Doan in Bedford Heights OH
  2659. Check from Metro in Cleveland OH to Doan in Bedford Heights Ol-I
  2660. Check from Metro in Cleveland OH to Doan in Bedford Heights OH
  2661. Check from Metro in Cleveland OH to Doan in Bedford Heights OH
  2662. Check from Metro in Cleveland OH to Doan in Bedford Heights OH
  2663. Check from Metro in Cleveland OH to Doan in Bedford Heights Ol-I
  2664. Check from Metro in Cleveland OH to Doan in Bedford Heights OH
  2665. Check from Metro in Cleveland OH to Doan in Bedford Heights OH
  2666. All in violation ofTitle 18 United States Code Section 1349
  2667. RACKETEERJNG FORFEITURE
  2668. 401 The allegations contained in Count 1 of this Indictment are hereby repeated
  2669. re-alleged, and incorporated by reference herein as though fully set forth at length for the purpose
  2670. of alleging forfeiture pursuant to the provisions of Title 18, United States Code, Section |963
  2671. and Title 28, United States Code, Section 246l(c). Pursuant to Rule 32.2, Federal Rules of
  2672. Criminal Procedure, notice is hereby given to Defendant MICHAEL FORLANI that the United
  2673. States will seek forfeiture as part of any sentence in accordance with Title 18, United States
  2674. Code, Section 1963, in the event ofthe Defendanfs conviction under Count l of this Indictment
  2675. 87
  2676.  
  2677. [pagebreak]
  2678. Case: 1:11-cr-00491-JG Doc #2 1 Filed: 10/20/ll 88 of 91. F’age|D #2 88
  2679. As a result of the foregoing offense, Defendant MICHAEL FORLANI shall forfeit the following
  2680. property to the United States:
  2681. a,) Any interest Defendant MICHAEL FORLANI acquired or maintained in
  2682. violation of 18 U.S.C. § 1962;
  2683. b.) Any interest in, security cf, claim against, or property or contractual right
  2684. of any kind alfording a source of influence over, any enterprise which Defendant MICHAEL
  2685. FORLANI established, operated, controlled, conducted, or participated in the conduct of, in
  2686. violation of18 U.S,C. § 1962; and,
  2687. c.) Any property constituting, or derived from, any proceeds which Defendant
  2688. MICHAEL FORLANI obtained, directly or indirectly, from racketeering activity in violation of
  2689. 18 U.S.C. § 1962.
  2690. 402. The interests of Defendant MICHAEL FORLANI subject to forfeiture to the
  2691. United States pursuant to Title 18, United States Code, Sections 1963(a)(1), l963(a)(2), and
  2692. l963(a)(3), include, butare not limited to:
  2693. a.) Defendant MICHAEL FORLANVS interest in [either personal or through
  2694. any entity] the real property, buildings, and other improvements comprising the Cleveland/Wade
  2695. Park VA Development Project; more particularly described as: Cuyahoga County Parcel Number
  2696. 107-25-001 (vacant land), Cuyahoga County Parcel Number 107-25-002 (multi-level parking
  2697. garage), Cuyahoga County Parcel Number lO7-25-003 (domiciliary), Cuyahoga County Parcel
  2698. Number 107-25<004 (vacant land), and Cuyahoga County Parcel Number 107-25-0l l
  2699. (administrative office building).
  2700. 88
  2701.  
  2702. [pagebreak]
  2703. Case: 1:11-er-00491-JG Doe #2 l Filed: lO/20/ll 89 of 91. Page|D #2 89
  2704. b.) Det`endant MICHAEL FORLANFS interest in [either personal or through
  2705. any entity] the real property, building(s), and other improvements located at 5060 Corbin Drive,
  2706. Bedford Heights, Ohio; more particularly described as Cuyahoga County Parcel Number 79l-U6-
  2707. 027.
  2708. c.) Defendaiit MICHAEL l<'Ol{L/\NI’S interest in [either personal or through
  2709. any entity] Northeast Ohio Electric LLC, dba Dean Pyratnid LLC.
  2710. cl.) Delendant MICHAEL FORLANFS interest in [either personal or through
  2711. any entity] Neteam AVI .
  2712. e.) A sum nfrnoney equal to the total amount of proceeds obtained by
  2713. Detcndant MICI-IAEI. FORLANI as a result ofhis violation ot`l8 U.S.C. § 1962.
  2714. FORITIEITURIQ UNDER I8 U.S.C. §98I a 1 C AND 28 U.S.C. § 246i c
  2715. 403. The allegations of Counts 2 through IS are hereby reallegecl and incorporated
  2716. herein by reference lor the purpose ol alleging forfeiture pursuant to l8 U.S,C. § 9Sl(a) (l)(C)
  2717. and 28 L,S,C. § Z46l(e). As a result of the foregoing offenses, Defendants NIICHAEI.
  2718. FORLANI and JAMES C. l_)llvIO|{A shall Ibrleil to the Ilnited States all property, real and
  2719. personal. which constitutes, or is derived from, proceeds traceable to the commission of Counts 2
  2720. through 18; including, but not limited to:
  2721. a.) The real property, buildings, and other improvements comprising [and
  2722. Defendant MICHAEL FOIZ_LANl’S interest in (either personal or through any entity)] the
  2723. Cleveland/Wade Park VA Development Project; more particularly described as: Cuyahoga
  2724. County Parcel Number l07»25-ODI (vacant land), Cuyahoga County Parcel Number 107-25-002
  2725. (multi~le\/el parking garage), Cuyahoga County Parcel Number |07-25-003 (domiciliary),
  2726. 89
  2727.  
  2728. [pagebreak]
  2729. Case: lzll-cr-00491-JG Doc #2 l Filed: 10/20/ll 90 of 91. F’age|D #1 90
  2730. Cuyahoga County Parcel Number 107-25-O04 (vacant land), and Cuyahoga County Parcel
  2731. Number 107-25-01 l (administrative office building).
  2732. b.) The real property, building(s), and other improvements located at [and
  2733. Defendant MICHAEL FORLANFS interest in (either personal or through any entity)] 5060
  2734. Corbin Drive, Bedford Heights, Ohio; more particularly described as Cuyahoga County Parcel
  2735. Number 791-06-027.
  2736. c.) MONEY JUDGMENT: Defendant MICHAEL FORLANI shall forfeit
  2737. property, including, but not limited to, a sum of money equal to the proceeds of Counts 2 through
  2738. 10 and Counts 12 through IX.
  2739. d.) MONEY JUDGMENT: Defendant JAMES C. DIMORA shall forfeit
  2740. property, including, but not limited to, a sum of money equal to the proceeds of Counts 2 through
  2741. 4, and Count 12.
  2742. SUBSTITUTE PROPERTY
  2743. 404. In the event that any property subject to forfeiture under 18 U.S.C. § l963(a)
  2744. and/or 18 U.S.C. § 981(a)(l)(C) and 28 U.S.C. §246l(c), as a result of any actor omission ofthe
  2745. defendant(s):
  2746. a.) carmot be located upon exercise of due diligence;
  2747. b.) has been transferred or sold to, or deposited with a third party;
  2748. e.) has been placed beyond thejutisdiction of this Court;
  2749. d.) has been substantially diminished in value; or,
  2750. e.) has been cornmingled with other property which cannot be divided without
  2751. difficulty,
  2752. 90
  2753.  
  2754. [pagebreak]
  2755. Case: 1:11-cr-00491-JG Doc #2 1 Filed: 10/20/11 91 of 91. F’age|D #2 91
  2756. it is the intent ofthe United States, pursuant to I8 U.S.C. § l963(n1)and/or 21 U.S.C, § 853(p)
  2757. [as incorporated by 28 U.S.C. § 246 l (c)], to seek forfeiture of any other property of the
  2758. defendant(s), up to the value ofthe forfeitable property described above.
  2759. A TRUE BILL
  2760. Original document -- Signatures on tile with the Clerk of Courts, pursuant to the E-Govemment
  2761. Act of 2002.
  2762. 91
  2763.  
  2764. [pagebreak]

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