Case: 1:11-cr-00491-JG DDI: #1 1 Filed: 10/20/11 1 of 91. F’age|D #2 1
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IN TIIE UNITED STATES DISTRICT COURT; A
FOR THE NORTHERN DISTRICT OF OHIO ~
EASTERN DIVISION L
UNITED STATES OF AMERICA, ) INDICTMENT
)
Plaintiff, 3 1 (R L
v_ ) CAsE%.‘3 1 -1M=5""~' - °’
)
MICHAEL FORLANI ) Title 18, United States Code
JAMES C. DIMORA ) Sections 2, 371, 666, 1343, IS49, 1512,
) 1951 and 1962(d)
Defendants. )
The Grand Jury charges:
GENERAL ALLEGATIONS
At all times material to this Indictment:
The Defendants
1, MICHAEL FORLANI (“FORLANI”) was the President and approximately 75%
owner of Northeast Ohio Electric LLC dba Doan Pyramid LLC (“Doan”), an investor in
Doan/Pyramid Solutions (“Solutions”), a majority owner of Neteam, AVI, (“Neteam”), the sole
member of Veterans Development, LLC (“Vetera.ns Development”), a member of the Board of
Managers for Veterans Development Domiciliary, LLC, the sole member of Wade Park Retail,
LLC, a principal of Fedco Services, LLC (“Fedco”), and the sole owner of Deep Three Partners
LLC (“Deep Three”).
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2. FORLANI’s activities affected interstate commerce.
3. JAMES C. “JIMMY” DIMORA (“DIMORA”) was an elected County
Commissioner from in or around 1998 until on or about December 31, 2010. His responsibilities
included budgeting, levying taxes, issuing bonds, letting contracts for public works services,
monitoring County expenditures, administering all purchases for County use, and approving
funding to build and maintain certain roads. In addition, DIMORA had the authority to influence
personnel decisions within the County, including hiring, approving raises and promotions,
terminating employment, and establishing job duties.
4. DIMORA’s activities affected interstate commerce.
5. DIMORA was the Chairman ofthe Cuyahoga County Democratic Party.
FORLANPS Business Interests
6. Doan was an electrical contractor. It was 25% owned by Doan Electric Company
and 75% owned by Conglomerate Electric Inc. Doan Electric Company was owned by two
families and Conglomerate Electric was 99% owned by FORLANI and 1% owned by his sons.
7, The operations of Doan affected interstate commerce.
S. Solutions was involved in implementing energy solutions, and was a subsidiary of
Doan and located at the same address as Doan in Bedford Heights, Ohio. Business Executive or
Employee 58 (“BE5 8") and FORLANI were the managing members of Solutions. FORLANI
was its President and BE58 its Vice President.
9. The operations of Solutions affected interstate commerce.
10. Beginning in 2004 or 2005, Doan began to acquire an ownership interest in
Neteam, which provided audio/visual systems integration for video conferencing, audio
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conferencing and long distance learning applications. Business Executive or Employee 59
(“BE59”) owned the largest percentage in Neteam, followed by Doan and then by Business
Executive or Employee 45 (“BE45") who was a 10% oumer.
l 1. The operations of Neteam affected interstate commerce.
12. Veterans Development LLC (“Veterans Development") was a private
development company selected by the United States Department of Veterans Affairs to develop
and manage the Veterans Affairs hospital consolidation project in the Wade Park neighborhood
of the City of Cleveland. Veterans Development owned one property used in the VA
Development Project at Wade Park. FORLANI was the sole member of Veterans Development
13. The operations of Veterans Development affected interstate commerce.
I4. Veterans Development Domiciliary, LLC ovmed one property used in t.l1e VA
Development Project at Wade Park. FORLANI was a member of the Board of Managers of
Veterans Development Domiciliary, LLC.
15. The operations of Veterans Development Domiciliary, LLC affected interstate
C0mm€TC€.
16. Wade Park Retail, LLC owned four properties used in the VA Development
Project, FORLANI was the sole member of Wade Park Retail, LLC.
l7. The operations of Wade Park Retail, LLC affected interstate commerce.
18. Fedco acquired privately owned property used in the VA Development Project,
FORLANI was associated with Fedco.
19. The operations of Fedco affected interstate commerce.
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20. Deep Three owned the building located at 5060 Corbin Drive, Bedford Heights,
Ohio, which was adjacent to Doan. FORLANI was the sole owner of Deep Three.
21. The operations of Deep Three affected interstate commerce.
22. Doan Pyramid/Security was a part of Doan.
23. The various businesses in which FORLANI had a financial interest worked
together on projects, and assisted each other in obtaining and perfomiing work that benefitted
and afforded opportunities to FORLANI and others.
24. FORLANI had a financial interest in real estate known as Ontario Point in
Cleveland, Ohio.
Public Entities
25. Cuyahoga County, Ohio (“County") was a goverrmient body whose departments
included the Cuyahoga County Auditor’s Office (“Auditor’s Office”) and the Cuya.l1oga County
Engineer’s Office (“Engineer’s Ofiice"), each of which was headed by an elected public official.
26. The Board of Cuyahoga County Commissioners (“County Commissioners”) was
the central govemmental body of the County, consisting of three co-equal members who were
elected at large for four-year terms. Each year, the County Commissioners elected a president,
who served on the Board of Revision and the County Records Commission. The County
Commissioners’ powers included budgeting, levying taxes, issuing bonds, letting contracts for
public works services, monitoring expenditures, administering purchases, and making personnel
decisions. The County Commissioners were also responsible for approving all collective
bargaining agreements and administering federal grant monies.
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27. The County Commissioners had authority to appropriate funds for the operations
of their own agencies and other elected County officials, including the County Auditor and the
County Engineer.
28. The operations of the County affected interstate commerce.
29, The operations of the County Commissioners affected interstate commerce.
30. The operations of the Auditor’s Office affected interstate commerce.
31, The Ohio Public Employees Retirement System (“OPERS”) was a state pension
fund located in Columbus, Ohio. OPERS provided retirement, disability and survivor benefit
programs for public employees throughout the State of Ohio, who were not covered by another
state or local retirement system. OPERS was established in or around 1935 to make available a
secure means to provide retirement for Ohio public employees. The system was originally
named the Public Employees Retirement System (“PERS") and changed in or around 2003 to
become OPERS. In order to obtain OPERS benefits, it was necessary that a completed Form A
be mailed to OPERS in Columbus, Ohio,
32, The Cuyahoga Cotmty Veterans Service Commission (“VSC") was established on
or about May 19, 1886, for the purpose of assisting Honorably Discharged Veterans and their
minor children, spouses, and widows, who have met with an unexpected hardship resulting from
lack of employment, illness or injury. The operations of the VSC were funded by County
property taxes. The VSC had a board of five Commissioners who administered its programs.
33. The Greater Cleveland Regional Transit Authority ("RTA”) was a political
subdivision of the State of Ohio. All power and authority granted to RTA was vested in, and
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exercised by, its Board of Trustees, which was charged with managing and conducting RTA’s
affairs, Three members ofthe RTA Board were appointed by the County Commissioners.
34. The operations of RTA affected interstate commerce.
35. The Cleveland-Cuyahoga County Port Authority (“Port Authority”) was an
independent government agency authorized under state law and created by the City of Cleveland
and the County. The Port Authority finances projects in Cleveland and surrounding communities,
36, The operations of the Port Authority affected interstate commerce.
37. The Ohio Depamnent of Transportation (“ODOT°’) was a department of the State
of Ohio.
38. The operations of ODOT affected interstate commerce.
39. The Maple Heights City School District (“MHCSD”) was a public school district
located within the County, which served the community of Maple Heights,
40, The Parma City School District (“PCSD”) was a public school district located
within the County, which served the communities of Parma, Parma Heights and Seven Hills,
Ohio.
41. MetroHealth System (“Metro”) was a health care provider headquartered onthe
near west side of Cleveland, Ohio with facilities throughout the greater Cleveland area. It
provided inpatient care to nearly 28,000 individuals annually and recorded approximately
700,000 outpatient visits per year.
Private Entities
42. DAS Construction (“DAS”) was a commercial construction company located in
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Garfield Heights, Ohio, with experience as a general contractor, construction manager, and
design builder.
43. The operations of DAS affected interstate commerce.
44. Reliance Mechanical, LLC (“Reliance Meohanical”) was a heating, air
conditioning, and plumbing contracting company located in Cleveland, Ohio.
45. Reliance Mechanical’s operations affected interstate commerce,
46. VinCore was an Ohio limited liability company, operating to provide consulting
and govemment relations services. DIMORA and Russo had an interest in VinCore’s success.
47. Business 47 was a competitor of Doan.
48. Business 49 was a global media and entertainment company headquartered
outside the State of Ohio, specializing in mobile and on-demand entertainment and infomation
services for local communities and opportunities for advertisers. Its operations affected interstate
commerce.
49. Business 50 was a provider of investment banking services.
50. Business 52 was a bank.
Sl. Business 53 was a company that worked closely with Doan.
Public Officials and Employees
52. Frank P. Russo (“Russo”) was the County Auditor, an elected County official,
from in or around 1998 until on or about September 9, 2010. He was the Count;/‘s chief fiscal
officer, with overall responsibility for all County funds, As t.he Auditor, Russo served as
secretary to the Board of Revision, which had responsibility to mle on property assessments and
hear valuation complaints, and as secretary to the Automatic Data Processing (“ADP") Board,
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which reviewed information technology related purchases and contracts for the County. Russo
had the power to influence contracts and expenditures within the Auditor‘s Office and had
authority over personnel decisions within the Auditor’s Office, including hiring, approving raises
and promotions, temiinating employment, and establishing job duties.
53. Michael Gabor (“Gabor”) was an Auditor’s Office employee from on or about
September 12, 2005 until in or around November 2010.
54. John Kevin Kelley (“Kelley") was employed in various positions within County
government from approximately |998 through June 2009. In 2004, Kelley became the
Geographic Infomation Systems (“GIS”) project manager. His salary was funded in equal parts
by the budgets ofthe Engineer’s Office, the Auditor‘s Office, and the County Commissioners. ln
this role, Kelley had the power to influence public policy, contracts and expenditures.
55. From in or around January 2000 until in or around March 2009, Kelley served on
the Parma City School District Board of Education, an elected position. ln this role, Kelley had
the power to influence public policy, contracts and expenditures.
56. Santina Klimkowski was an elected member ofthe MHCSD Board of Education
from approximately 1981 through 2005. In that capacity, she served as an agent ofthe school
district and had the power to influence the expenditure of school district funds for contracts.
KLIMKOWSKI was also employed at the Auditor’s Office as a Department of Appraisal
Specialist, responsible for overseeing the commercial real estate appraisal process.
57. Sabra Pierce Scott (“Pierce Scott”) was a member of the Cleveland City Council,
an elected position. She served from approximately 2002 through 2009.
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58. John J. Carroll (“Carroll”) was an agent of Metro. He was employed by Metro
from 1995 through July 2008, first as Vice President of Facilities and Institutional Services and
later as Vice President of Facilities and Construction Services. Ca.rroll’s duties included
operating and supervising Metro’s food, laundry, police, environmental, facilities and
construction services. Carroll spent about 40% of his time on construction and facilities duties,
59. Thomas Greco (“Greco”) was employed by Metro and assisted Carroll with
construction management.
60. Public Officials 9 and I0 (“P09” and “POl0”) were elected County officials,
whose responsibilities included budgeting, levying taxes, issuing bonds, letting contracts for
public works services, monitoring County expenditures, administering all purchases for County
use, and approving funding to build and maintain certain roads. ln addition, P09 and P010 had
the authority to influence personnel decisions within the County, including hiring, approving
raises and promotions, temtinating employment, and establishing job duties.
61. Public Officials 22 and 23 (“PO22” and “PO23”) were members of the RTA
Board.
62. Christopher Krause was the Treasurer ofthe Maple Heights City School District
(“MHCSD”).
63, Public Employee 10 (“PEl0”) was a County employee with jurisdiction over
certain aspects of County contracting, including responsibilities related to the County’s Small
Business Enterprise (“SBE”) and Minority Business Enterprise (“MBE”) requirements.
64. Public Employee l l (“PEl l”) was a County employee who reported to DIMORA
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65. Public Employee I8 (“PEl 8”) was a County employee who reported to DIMORA,
and whose responsibilities included maintaining Dimora’s schedule.
66. Public Employee 23 (“PE23") was appointed by the County Commissioners as the
County’s chief operating officer. PE23 served in that role until in or around July 2008.
67. Public Employee 37 (“PE37") was an agent ofthe City of Cleveland Building and
Housing Department. PE37 worked as a building inspector, responsible for inspecting structural
work on commercial and residential construction projects within the City of Cleveland to ensure
compliance with the City of Cleveland’s building and zoning codes. Prior to May 23, 2008,
PE37 began cooperating with the govemment in the investigation that led to this indictment.
68. Public Employee 58 ("PE58”) was employed as a deputy director of ODOT.
69. Public Employee 59 (“PE59”) was the director ofthe VSC.
70. Public Employee 60 (“PE60”) was an employee ofthe Port Authority.
71. Public Employee 61 (“PE6l") was the Executive Secretary/Treasurer ofa labor
organization and a member of the Port Authority Board.
Other Individuals
72. William Neiheiser (“Neiheiser”) was the president and Chief Executive Officer of
Reliance Mechanical. Neiheiser had an ovmership interest in Reliance Mechanical and in
Winterhurst, an ice-skating facility in Lakewood, Ohio.
73. Neiheiser’s activities affected interstate commerce.
74. Steven Wayne Pumper (“Pumper") was the Chief Executive Officer of DAS, and
had a financial interest in multiple development projects.
75. Pumper’s activities affected interstate commerce.
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76. Vince Russo was a principal and agent of VinCore. Vince Russo facilitated the
finding of business, including public business, for VinCore’s clients. Vince Russo was Frank
Russo’s son.
77. Solutions was a client ofVinCore.
78. Robert Rybak (“Rybak”) was the Business Manager of Plumbers Local Union
No. 55 from on or about July 20, 2004, until in or around September 2010.
79. Anthony Melaragno and Nicholas A. Zavarella were business men who provided
free and discounted work on the DIMORA residence in exchange for DIMORA performing
official acts.
80. Anthony O. Calabrese, Ill (“C'alubrese”) was an attomey licensed to practice law
in the State of Ohio and a partner in Law Finn 1 doing business in the Northern District of Ohio
and elsewhere. Calabrese also served as a lobbyist/consultant for clients seeking public
contracts.
81. Business Executive or Employee 43 (“BE43”) was employed by Business 49.
82. Business Executive or Employee 44 (“BE44“) was the president and CEO ofa
construction company.
83. Business Executive or Employee 45 (“BE45”) was a 10% owner ofNeteam.
84. Business Executive or Employee 46 (“BE46”) was the controller of Doan.
85. Business Executive or Employee 47 (“BE47“) was an employee of Neteam.
86. Business Executive or Employee 49 (“BE49”) was an employee of Doari.
87. Business Executive or Employee 50 (“BE50”) was a local business person.
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88. Business Executive or Employee 51 (“BE5l") worked in the municipal bond
industry.
89. Business Executive or Employee 52 (“BE5Z”) was an attorney employed by Doan
90. No paragraph 90.
91. Business Executive or Employee 60 (“BE60”) was an employee of Doan.
92. Relative 3 was a relative of BE60,
The Grand Jury further charges:
COUNT l
(18 U.S.C. §l962(d)(RICO Conspiracy)
93. Paragraphs I through 92 of this Indictment are re-alleged and incorporated by
reference as if fully set forth herein.
The Enterprise
94. At all times material to this Indictment, Defendant MICHAEL FORLANI, Doan,
certain employees of Doan, Solutions, Neteam, Veterans Development, Veterans Development
Domiciliary, LLC, Wade>Park Retail, LLC, Fedco, Deep Three, and others known and unknown
to the grand jury, constituted an “Enterprise” as that term is deiined in Title 18, United States
Code, Section l96l(4), in that they were a group of individuals, corporations and other legal
entities associated in fact. The enterprise constituted an ongoing organization whose members
ftmctioned as a continuing unit for a common purpose of achieving the objectives ofthe
enterprise. The enterprise engaged in, and its activities affected, interstate commerce.
95. Defendant MICHAEL FORLANI was associated with the Enterprise,
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Pugposes of the Defendant
96. The purposes of the defendant included the following:
A. Using the power and authority of public officials for the personal and
financial benefit of FORLANI, Doan and its employees, Solutions, Neteam, Veterans
Development, Veterans Development Domiciliary, LLC, Wade Park Retail, LLC, Fedco, and
Deep Three and their co-conspirators, and their designees.
B. Using the power and influence of FORLANI, Doan and Neteam, for the
personal and financial benefit of FORLANI, his co-conspirators and his designees.
C. To promote, conceal and otherwise protect purposes (A) and (B) of the
conspirators from public exposure and possible criminal prosecution.
The Racketeering Conspiracy
97. Beginning in or around 2002 and continuing to on or about February 26, 2010, in
the Northem District of Ohio, Eastem Division, and elsewhere, Defendant MICHAEL FORLANI
and James C, Dimora (not charged herein), and others known and unknown to the Grand Jury,
being persons associated with an enterprise engaged in, and the activities of which affected,
interstate commerce, namely, the Enterprise, did knowingly and intentionally conspire with each
other and others known and unknown to the Grand Jury to violate Title 18, United States Code,
Section 1962(c), that is, to conduct and participate, directly and indirectly, in the conduct ofthe
affairs ofthe Enterprise through a pattern of racketeering activity involving multiple acts
indictable under the following provisions of federal law:
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A. 18 U.S.C. §§ 1341 and 1346 (Mail Fraud and Honest Services Mail Fraud);
B. 18 U.S,C. §§ 1343 and 1346 (Wire Fraud and Honest Sen/ices Wire Fraud);
C. 18 U.S,C. § 1951 (Hobbs Act Extortion); and
D. 18 U.S.C. § 1512 (Tamper with a Witness, Victim or Informant)
and multiple acts involving bribery chargeable under the following provision of state law:
E. Ohio Revised Code Section 2921.02 (Bribery),
It was part of the conspiracy that FORLANI agreed that a conspirator would commit at
least two acts of racketeering in conducting the affairs of tl1e Enterprise.
Manner and Means of the Conspiracy
98. It was part ofthe conspiracy that:
99. FORLANI attempted to expand, develop and maintain his business interests by
providing and offering to provide things of value to Dimora, Kevin Kelley, Sabra Pierce Scott,
Santina Klimkowski, John Carroll and other public officials in exchange and in return for
Dimora, Kelley, Pierce Scott, Klimkowski, Carroll and other public officials using and promising
to use their official positions 'to benefit him (FORLANI), Doan, Neteam, Solutions, Veterans
Development, Veterans Development Domiciliary, LLC, Wade Park Retail, LLC, Fedco, Deep
Three and their designees.
100. FORLANI assisted others in providing and offering to provide things of value to
Dimora, and other public officials in exchange and in retum for Dimora and other public officials
using and promising to use their official positions to benefit the others.
101. For the benefit of FORLANI, Doan, Neteam, Solutions, Veterans Development,
Veterans Development Domiciliary, LLC, Wade Park Retail, LLC, Fedco, and Deep Three and
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their designees, Dimora, Kelley, Pierce Scott, Klimkowski, Carroll and other public officials
used and agreed to use the powers of their public positions to take, cause to he taken, and
influence official actions, including actions in connection with: (1) awarding public business, (2)
executing public business, (3) awarding and administering public loans, grants and other funding,
(4) cxpediting, facilitating and influencing official action in matters pending before public
agencies, (5) influencing and attempting to influence official actions by other public entities, and
(6) influencing and attempting to influence private individuals and entities, in exchange and in
retum for things of value for themselves and their designees, to which they were not entitled.
102. Dimora agreed to use his power as the Cuyahoga County Democratic Party
chairman to assist FORLANI in providing things of value to Kelley in exchange and in retum for
Kelley performing and promising to perform official acts for the benefit of Doan,
103. At times, Dimora, Kelley, Pierce Scott, Klimkowski, Carroll and FORLANI acted
as intermediaries and through intermediaries.
104. FORLANI, Dimora, Kelley, Pierce Scott, Klimkowski and Carroll and other
members ofthe conspiracy committed and attempted to commit various acts in furtherance of the
conspiracy, including the facts more fully described, and incorporated herein, in the factual
allegations of Counts 2 through 18 of this Indictment,
All in violation of Title 18, United States Code, Section 1962(d).
The Grand Jury further charges:
COUNT 2
(Hobbs Act Conspiracy, 18 U.S.C. § 1951)
105. Paragraphs 1 through 4, 6 through 7, 10 through 21, 23 through 30, 32 through 38,
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44, 47 through 53, 60 through 61, 63, 66, 68 through 73, 80 through 83, 85 through 86, 88
through 89, and 91 through 92 of this Indictment are re-alleged and incorporated by reference as
if fully set forth herein.
THE CONSPIRACY
106. Beginning in or around 2002 and continuing until on or about December 31, 2008
the exact dates being unknown to the Grand Jury, in the Northem District of Ohio, Eastem
Divisioniand elsewhere, Defendants MICHAEL FORLANI and JAMES C. DIMORA, and BE60
and others known and unknovim to the Grand Jury, did knowingly and intentionally combine,
conspire, confederate and agree with each other to obstruct, delay and affect commerce and the
movement of articles and commodities in commerce by extortion; that is, DIMORA, with the
assistance of FORLANI and BE60, obtained property not due to him or his office, from Neteam
and Dean with their consent, under color of official right.
OBJECTS OF THE CONSPIRACY
107. It was an object ofthe conspiracy that DIMORA solicited and accepted things of
value, from Doan and Neteam, in retum for DIMORA using and promising to use his County
position to benefit Doan, Neteam, Veterans Development, Ontario Point, Deep Three, and
Relative 3, both as requested and as future opportunities arose.
108. It was a further object of the conspiracy that the conspirators concealed and
attempted to conceal the bribes described in this Count of the Indictment from law enforcement
and the public, I
MANNER AND MEANS
109. It was part of the conspiracy that:
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1 10. Doan and Netwm provided free and discounted home improvements and other
things of value to DIMORA and his designees.
I 11. DIMORA provided and promised to provide official action for the benefit of
Doan, Neteam, Veterans Development, Ontario Point, Deep Three, and Relative 3 and their
designees.
The Neiheiser/Forlani Relationship
1 12. FORLANI and Neiheiser worked together on various contracts, often bringing
each other’s companies into projects.
The Generators Contract
113. ln or around November 2004, the County Commissioner awarded Doan a contract
valued at approximately $941,000 to install emergency generators at the Justice Center.
The Juvenile Justice Center Pro|'ect 1“JJC Project"l
114. As early as 2005, Cuyahoga County officials started planning for the construction
of a new Juvenile Justice Center (“JJC Project”). In approximately November 2007, the County
issued a request for Proposals ("RFP”) for the JJ C Project. In approximately December 2007, the
County Commissioners authorized the Department of Central Services to advertise for bids. ln
approximately January 2008, Doan, in anticipation of preparing a bid for the electrical portion of
the JJ C Project, conducted a walk through. On or about February 22, 2008, Doan submitted a
bid for the electrical portion.
115. Reliance Mechanical also submitted a bid for the HVAC and plumbing portion of
the JJ C Project. The bids of Doan and Reliance Mechanical were not low, and thus, were not
successful. Thereafter, on or about March 13, 2008, the County Commissioners voted to reject
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all ofthe bids on five portions ofthe contract, including plumbing, and authorized the County
Director of the Office of Procurement and Diversity to re-advertise for bids. On or about April 7,
2008, Reliance Mechanical submitted a second bid for the plumbing portion ofthe JJ C project.
1 16. In approximately February and March of 2008, FORLANI sought and obtained
DlMORA’s assistance in investigating the Minority Business Enterprise (“MBE") of the wirming
electrical bidder and providing other assistance regarding Doan’s bid.
The RTA Contract
I l7. On or about March IS, 2008, RTA voted to award Neteam a contract for the
Breda Light Rail Audio Communications and Video Surveillance System (“the RTA contract”)
valued at approximately $l,l76,570. FORLANI sought and obtained DIMORA’S assistance in
influencing two RTA board members regarding the award of the RTA contract.
Ontario Point
118. FORLANI had a financial interest in real estate known as Ontario Point at the
comer of Ontario Street and Carnegie Avenue in Cleveland, Ohio. FORLANI, upon leaming that
he could not build on the site, considered placing an electronic billboard on the site from which
income could be generated. Forlani needed permission from the Ohio Department of
Transportation (“ODOT”) to put a billboard at Ontario Point, In furtherance of developing
Ontario Point, F ORLANI sought and obtained DIMORA’S assistance in influencing PE58 and
BE43.
VA Project Funding
l l9. VA Development LLC was engaged in a project to develop facilities for use by
the Louis Stokes Cleveland Veterans Affairs Medical Center in Cleveland, Ohio (the “VA
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Development Project”). In 2007 and 2008, FORLANI requested and obtained assistance from
DIMORA in pursuing funding for the VA Development Project.
Appointment of PE61 to the Port Authorig Board
120. FORLANI sought and obtained DIMORA`s support for PE61 ’s appointment to
the Port Authority Board.
VSC Office Relocation
lZl. In or around May 2008, FORLANI sought and obtained DIMORA`s assistance in
attempting to influence the VSC to move its ofiice from downtovim Cleveland, Ohio to the VA
Development Project in the Wade Park neighborhood of Cleveland.
Emplo§@ent for Relative 3
122. In or around March 2008, BE60 requested and obtained DIMORA’s assistance in
obtaining County employment for Relative 3.
The Doan/Deep Three Partners Loan
123, On or about August 29, 2006, FORLANI sought and obtained a County economic
development loan for the purchase of 5060 Corbin Drive by Doan/Deep Three Partners.
DIMORA voted to approve the loan.
Acts in Furtherance of the Conspiracy
124. In or around August 2002, Doan performed work at the DIMORA residence at a
discount.
125. In or around late September and Fall 2004, Doan perfonned work at the DIMORA
residence, billing DIMORA for materials, but not for labor.
l26. On or about November 9, 2004, DIMORA voted to award Doan a County contract
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valued at approximately $941,000 for the installation of emergency generators at the Justice
Center.
127. On or about December 14, 2004, DIMORA voted to appoint PE61 to the Port
Authority Board for an unexpired temt ending in January 2008.
128. In or around the Sumner of 2006, FORLANI, Doan, Neteam, and others installed
an outdoor television and an indoor audio/visual system, valued at approximately $12,578 in
total, at tl1e DIMORA residence for which DIMORA did not pay.
129. In approximately July 2006, Doan/Deep Three applied for a $350,000 Economic
Development loan from the Cuyahoga County Department of Development.
130. On or about August 29, 2006, DIMORA voted to approve the $350,000 economic
development loan to Doan/Deep Three.
131. On or about January 18, 2007, FORLANI caused Neiheiser to issue a Reliance
Mechanical check in the amount of $5,000 payable to Neteam as a payment for part of the cost of
installing the television and audio/visual system Neteam had installed in the DIMORA residence
in July 2006.
132. On or about October 12, 2007, FORLANI caused Business 53 to issue a check to
Neteam in the amount of $7,578.12 as a payment for the cost of the television and audio/visual
system Neteam had installed in the DIMORA residence in July 2006.
133. On or about December 4, 2007, Neteam, in an effort to obtain the RTA Contract,
submitted a proposal to RTA.
134. On or about January 3, 2008, DIMORA voted to appoint PE61 to the Port
Authority Board for the term January 29, 2008 through January 28, 2012.
135. On or about January 16, 2008, FORLANI, in an effort to obtain funding for the
VA Development Project, left a message at DIMORA’s office seeking a telephone number for
BE50.
136. On or about January 18, 2008, DIMORA, FORLANI, PE58 and BE43 met to
discuss Ontario Point.
137. On or about February 21, 2008, DIMORA and FORLANI had a conversation
about Ontario Point in which FORLANI asked DIMORA to call BE43 “to have somebody give
the inspector a little kick in the ass." DIMORA responded, “PE58 would do that. That’s why, he
didn’t tell me that. I’l] call him now and ask him ‘cause I got a couple minutes. I`l1 call him
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back.”
138, On or about February 22, 2008, Doan submitted a bid for the electrical portion of
the JJC Project.
139. On or about February 22, 2008 at approximately 2:24 p.m., DIMORA talked with
BE43 and told him that FORLANI had been asking DIMORA why BE43 doesn’t call PE58 and
ask her to intercede with an ODOT inspector on the Ontario Point sign, BE43 said, “Ok. Yeah,
we can do that.” DIMORA said, “He [FORLANI] thinks you guys could just call her and ask her
to do it. Get involved and help, ah, you know, help, ah, direct it or guide it because it’s in her
district, you know, this piece of property." BE43 said he would contact her, DIMORA said,
“Yeah, if there’s any problem alter you talk to her let me know. I’ll call her.” DIMORA
concluded by saying, “We need her to get the inspector . , . Let me know if there is something I
need to do."
140. On or about February 22, 2008 at approximately 2:40 p.m,, DIMORA and BE43
had a second conversation about Ontario Point in which BEA3 reported on his progress.
DIMORA said, “We’re just trying to get an expedited answer, that’s all, or at least n'y to get to
the point where we need to know what we need to get done to make it work or to make it
happen.” BE43 said, “Do you want me to call MIKE [FORLANI] and tell him what we`re
doing?" DIMORA said, “Yeah. l-Ie’ll, he’1l be interested to know that. Least he knows you
guys are trying to, ah, move it along, you know, get a little more, ah, aggressive with it.” BE43
responded, “Alright I’ll, I’ll give him a call so he knows what we’re, what we’re doing.” Later,
DIMORA said, “Yeal-i. He’11be fine with that. His bottom line is he just wants to get the ok, So
he don’t care if you get it through the inspector, through PE5 8, you know, long as you can get it.”
141, On or about February 22, 2008 at approximately 3:18 pm., DIMORA asked PEI 1
to give DIMORA the bids on the JJ C Project so DIMORA could “see where the rankings are . _ .
so Ijust want to have them so when they start calling me on the weekend, I’ll have a, I’ll have the
paperwork so I could see it for mysel£“
142. On or about February 22, 2008 at approximately 3:39 p.m,, DIMORA explained
to PE1l that he wanted to know “who the lowest two or three” bids were for all thirteen
categories on the JJC Project.
143, On or about February 22, 2008 at approximately 3:48 p.m., DIMORA and
FORLANI had a conversation about the bids on the JJ C Project in which FORLANI said the only
possible problem for Business 47 [the low bidder] was whether “they did their minority [MBE]
right.” FORLANI expressed doubt Business 47 had made a mistake with its SBE. DIMORA
and FORLANI then discussed the possibility of Doan doing the electrical subcontract for another
bidder.
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144. On or about February 22, 2008 at approximately 3:58 p.m., DIMORA and
FORLANI had a conversation in which they discussed the JJ C Project bids. FORLANI
complained that his bid was only $53,000 over Business 47’s bid. FORLANI said, “I have to get
my resignation as a sponsor now based on the events of today." FORLANI then asked DIMORA
to “see if they got minority problems," referring to the MBE portion of Business 47’s bid,
DIMORA responded, “Problem is though, if we award it to you, they sue for sure, right?"
FORLANI stated, “Oh yeah, yeah, unless there’s a problem in the minority side, JIMMY.”
FORLANI told DIMORA to call DIMOR.A’s “spies” to find out if Business 47 had its minority
covered.
145. On or about February 22, 2008 at approximately 4:02 p,m., DIMORA and Frank
Russo had a conversation in which DIMORA told Russo that FORLANI was “sick to his
stomach” about losing the JJ C contract.
146. On or about February 22, 2008 at approximately 4:03 p.m., DIMORA and PEI I
had a conversation about the JJC Project in which DIMORA said, “'I`here’s an SBE component
on that . _ . Have him [PE10] check the electrical and see what he thinks, if, ah, Business 47 met
it or got a probIem.” Dimora continued, “ Let me uh, know on the electric if the SBE’s t` -'-~ d up
on Business 47. Business 47’s the lowest one? _ . , Just tell him to check it, check that one and
give ya a, an idea if there’s any issue or if it looks like a good solid bid.”
147. On or about February 22, 2008, a Friday, at approximately 4:08 p.m., PE11 told
DIMORA that PEI 0 had left the building and would not be back until Monday at which time he
could provide an answer for DIMORA. DIMORA responded by asking if another employee
could check. PE11 said he would (ind out. DIMORA said, “Just check the electrical, that’s all, I
just want to see if they are in or out."
148, On or about February 25, 2008 at approximately 9:40 p.m., DIMORA and
FORLANI had a conversation about the JJC Project in which DIMORA said, “That Business 47,
I don’t know how you are gonna knock them out. I am sick to my stomach with these bids.”
FORLANI replied, “Yeah, what ya gonna do, JIMMY? The way it is, man. Uh, the, was their
minority at 30% JlMMY?” DIMORA replied in the affirmative. Later, FORLANI said, “I just
have to curtail sponsorships altogether.” DIIVIORA replied, “Yeah, have to find new sponsor
now. I actually took your phone number out of my phone.” FORLANI responded, “That’s ck.”
DIMORA said, "’Til the next bidding process comes up.”
149, On or about February 26, 2008 at approximately 1:07 p.m., BE60 told DIMORA's
wife that FORLANI needed to see DIMORA “desperately," Dimora’s wife said, “See him?” and
BE60 replied, “See him.” DIMORA`s wife responded that DIMORA was asleep. BE60 asked if
Dimora could call them when he awoke. Dimora’s wife agreed to convey the message.
150. On or about Febmary 26, 2008 at approximately 3:41 p.m,, DIMORA told Frank
Russo that FORLANI had told DIMORA that FORLANI wanted PE10 to recommend Doan over
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the low bidder on the JJC Project. DIMORA said, “So you know it`s gonna come dovm to, ah,
the recommendation’s gotta come from Procurement and Diversity, I‘m assuming.” Russo
responded, “Hmmhmm, see that’s why you need your guy up there.” DIMORA said, “Yeah but
here’s the other problem. Then you gotta get the Commissioners to say, ‘wait a minute` ’cause
they’re gonna look at it, P010 and PO9, they’re gonna say the low bidder is this guy what are
you knocking him out for?” Russo responded, “Hn°imn-imhmmmm. I know. You’re in a pickle
no matter what.” DIMORA said, “It’s always a f ----- g pain." Later in the conversation,
DIMORA said, “Then FORLANI he couldn’t have been the low bidder. I-Ie had to be the f -»--- g
second." Russo responded, “I tell all these guys, go in low and just add a thing or two on as you
go along.” DIMORA said, “Yeah” Russo responded, “But they don‘t listen.”
151. On or about February 26, 2008 at approximately 5:08 p.m., DIMORA and Russo
had a conversation about the JJC Project in which DIMORA said, “Then FORLANI says, ‘you
gotta have PEl0,’ I ain’t gonna do that." Russo said, “Oh, I’m afraid of PEIO, JIM.” DIMORA
responded, “They’re not gonna do it anyways, what the, the low bidder is the low bidder.” Russo
said, “I know, but you can find something wrong with the bid if you really rip it apart.”
DIMORA replied, “Frank, who’s going to let you do that? They’re gonna take your ass right into
federal court , . . C`mon it’s 12 million dollars. Who’s gonna let you just take that away from
them?" DIMORA continued by saying, “Well, they’re gonna sue. I mean, then we gottajustify
it. How you gonna justify it?” Later in the conversation, DIMORA conferenced FORLANI onto
the call. FORLANI said, “Frank, this, JIMMY he’s falling apart on us right now by the way.”
Russo said, “But he [DIMORA] is gonna hold it all together. It is gonna be a little bit rough, but
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.”
FORLANI said, “I’m not talking about that. I’m talking about his health,” Russo replied, “Oh
his health. They’re not gonna kill us, only the good die young. We’re not good.” DIMORA
responded, “Yeah, We’re not good,” FORLANI said, “The more I thought about that other thing,
I wouldn’t even let you vote. If the other two guys didn’t vote, and you had to vote, then I
wouldn’t let you do it. Honest to God." DIMORA replied, “We got to talk to this PEIO. We
gotta see.” FORLANI said, “You know what I am saying, buddy I wouldn’t let you do that. F»-k
it, it ain’t worth it.” DIMORA responded, “We gotta see ifPEl0’s, ah, ifPE]O’s group is
willing to do that. Then we gotta see if POIO and P09 is willing to do that.” FORLANI said,
“You’d have to make somebody an offer they can`t refuse.” DIMORA responded in the
affirmative and then FORLANI said, “And I don’t want that to happen if it’s you know.” Russo
interrupted and said, “It’s not impossible, let`s put it like that. Here’s the thing. Doesn’t it kill
you for the $50 f ----- g thousand?" FORLANI said, “Frank, here is what I did. Italked to BE60.
We wrote a letter. We issued a letter to all oi; some of my favorite friends and whatever and said
due to circumstances of no help and extending circumstances I can no longer be counted on for
any sponsorships whatsoever until the year 20l7.” DIMORA laughed. Russo said, “I would go
10 years 2018.” FORLANI replied, “And I’ll spend most of my time at the pool next year
fumishing nothing.”
152. On or about February 27, 2008, DIMORA and FORLANI had a conversation
regarding Ontario Point in which DIMORA reported to FORLANI about his conversation with
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BE43.
153. On or about February 29, 2008 at approximately 2:19 p.m., DIMORA and
FORLANI had a conversation about the JJC Project in which DIMURA said, “We were looking
for help. We were all limping here, you know.” FORLANI replied, “You were looking for a
sponsor." DIMORA said, “No, we got that.” FORLANI said, “People don’t understand that
eleven million nine hundred thousand dollars needs to be resolved or there is no sponsors."
DIMORA replied, “Yeah, there’s a 50/50 chance, just so you know, and I don’t want to get your
hopes up, that the whole thing might get thrown out.” FORLANI questioned the MBE for the
winning bidder after which DIMORA said, “They think we could probably do a better job and
get a better price.” FORLANI asked, “And throw the whole thing out'?” DIMORA replied,
“That‘s what they’re talking about, 50/50 shot,” FORLANI asked, “Did you talk to PEl0 by the
way?" DIMORA replied, “He’s not in tovim. He’s on vacation. He’ll be back Monday."
FORLANI replied, “Cause the more I think about this plan, JIMMY, our plan looks like, now
J IMMY, the one thing is the electrical is way below the budget _ . . alright we’ll see what
happens."
154. On or about February 29, 2008 at approximately 4:39 p.m., DIMORA and
FORLANI continued their conversation about the JJC Project. FORLANI said, “Now I think
that on the electrical side due to the ah inconsistencies in their minority program and naming one
guy who certainly cannot do that magnitude of work compared to somebody that named six guys
including women, Hispanics, African Americans, ah and spreading the work so it was reasonable
for those people to be able to accomplish that work based on their prior history of work
performed. The electrical contract should be awarded.” Laughter followed and DIMORA said,
“The only one we should award that right?” FORLANI said, “Yeah, because it’s significantly
below budget _ . , Throw ‘em all out, f-~k ‘emm,” DIMORA responded, “That’s what I think
they should do,” FORLANI then said, “Matter of fact as I look around here I thought I might
spend tomorrow looking at a lot of these pools I see because they’re all open and maybe take
some notes for maybe what you might UI."
l55. On or about March 2, 2008, DIMORA and FORLANI had a conversation about
the JJC Project in which FORLANI told DIMORA the County should throw all the bids out
because they were over budget. FORLANI also said he would still like to see PEIO to “walk
throughjust in case it, that does get re~bid and show him the difference between a real,
something that’s real and something that’s b---s--t,” referring to FORLANI’s SBEs compared to
Business 47’s. DIMORA responded, “Yeah”
l56. On or about March 3, 2008, DIMORA and FORLANI had a conversation about
the JJC project. FORLANI said to DIMORA “Um, um BE44 called me. I guess PEl0 is back.
Did you, did you, did you talk to him?” DIMORA replied “Yeah, I talked to PEl0 today, yep . . .
yep I gotta, I already put the bug in his ear and told him to take a look at, ah, all the packages and
if there’s enough of them, ya know, I said to him, ‘Shouldn’t we just throw ’em out and keep
going?’ So ah, they’re analyzing em all and I mentioned about the SBE on the low on electrical
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about how many how short they were and how are they gonna actually and he said, ‘Well I check
all that out to see if` they could even qualify. Ifthey‘ve even done anything similar in size,
comparison to the SBE package that they put in with us on thisf” FORLANI responded, “Oh
good that could help then.” DIMORA continued, “So t.hat‘s what he analyzes. He analyzes the
SBE‘s capability to see if they could do the 30 percent or not. From past, uh, contracts that
they’ve been awarded _ _ . so you might have a shot there,” At the end ofthe conversation,
FORLANI said to DIMORA “Hey Jimmy, Jimmy. Don’t forget to tell PE] 0 we gotta a Spanish
man there, we got a woman, we got” DIMORA interrupted and said, “He saw it. He says you
guys had six . _ . he said one you got the same with Business 47 he said too." FORLANI
responded, “But it’s much smaller ‘cause it’s not a sham,” DIMORA said, “Right”
157. On or about March 4, 2008, in an effort to obtain the RTA contract, Neteam
submitted a Revised/Negotiated Response to Request for Best and Final Offer to RTA,
l58, On or about March 6, 2008, FORLANI and DIMORA had a conversation
regarding the JJC Project. DIMORA said that P010 had told BE44, “You [BE44] decide who
We award the bids to and who we reject. I don’t wanna hear nuthin’ about it .... You okay with
that, DIMORAT’ DIMORA told FORLANI his response to P010 was, “Yeahl Absolutely.”
DIMORA told FORLANI, “So if you got any drag with this BE44, tell him to kick out the f ---- n’
electrical. [POIO] gave him a f` ---- n‘ green light.” FORLANI responded, “Yeah, but JIMMY,
uhh, is this, is he throwing out the general, ’cause, you guys making him throw out the general
bid?” DIMORA responded, “That’s definitely going _ _ _ But [PO10, POIU] said, ‘If you t.hink
we should award a bid to a specific trade, we’ll do it. If` you think we should throw it out, that’s
what we hired you for. That’s not up to us.”’ FORLANI said, “Yow!” DIMORA said, “Gave
him carte f ----- g blanche when he left.” FORLANI replied, “WoW! Why? He [BE44] came in to
see you guys?" DIMORA responded on the affirmative and said, “We didn’t talk to him for five
f -»-- n’ minutes, [POI0] said, ‘You make, you make the recommendations, we’]l support it.”’
FORLANI replied, “Yowl But you told him he’s definitely gotta throw out the GC bid'?”
DIMORA said, “Oh, he did, definitely gotta go out, the bond’s no good. They’re gonna rebid it,
and they’re gonna raise the estimate, [BE44] said he f ---- d up. He put it too low. It’s not the
right number. So they‘re gonna raise that and rebid t.he G, but, you know What? I think they’re
gonna rebid most of it. You should tell ’em to, you should tell ’em to do the electrical. ‘Cause I
said to [BE44] when he left, I says, ‘You know what you need to do right? You know all the
things you need.‘ He [BE44] says, ‘I know exactly what I gotta do.’ Whatever the f--k that
means.” Later in the conversation, Michael Gabor talked on DIMORA’s phone with FORLANI.
In the background, DIMORA yelled that FORLANI should call BE44, which Gabor repeated to
FORLANI.
159. On or about March 7, 2008 at approximately 9:49 a.rn., DIMORA and BE44 had a
conversation about the JJC contract in which BE44 said, “Man, why are you beating me down so
bad, man?" DIMORA responded, “Uh, you mean in the meeting? . . . Oh I just, I thought we
were going to throw everything out. See they told me originally, [PEIO] said, ‘We’re going to
throw everything out.’ That’s whyI was kind of pissed off at them, They b---s--t me you know.
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They, they tell me what I wanna hear and then in the meeting with the other Commissioners, you
know, they change the f ----- g plan, They already knew thatl guess. You know I talked to
[PE10] on Tuesday and he said, ‘Oh we’re gonna throw these f ----- g bids out, it’s too close to the
ten percent’ . , . So you know then they come in, you guys come in yesterday and then we kept,
you know, part ofthe bids." BE44 replied, “I was trying to go, just so you know, I was trying to
go with everything, you know, with [a named person] and then try to get Doan in. You knowl
had, I had, my little plan and then, you know, but I’m, I’m not in the decision making role , _ .
[PEIO] was out of town ’til Monday. I hadn`t even, hc was, hc was, he disappeared from the
whole world .... And then, and then showed back up so, ah.” DIMORA said, “His usual b---s--
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
the prosecutor cause obviously they wanna give the bid to [a named company], See, when they
wanna do something they say whatever they Wanna say, you understand.” Later, BE44 said, “If
there is an issue man and, and you got any concems, just call me. I mean 1 don’t, I don’t make
the decisions on the, ah, but, but ljust want you to know this isn’t gonna be a, if; if we can get
the good, if we can get a same compliment of union guys, I mean, I, 1 see, that’s what I was
excited about was when you look at this thing, I`d like to get FORLANI in there it; if he`s passes,
if he’s got a better SBE plan than Business 47. But see that’s [PE10's] decision," DIMORA
replied, “Yeah, he already said no, he said [Business 47] had a better SBE I guess." DIMORA
and BE44 went on to discuss the MBE component of the electrical bids, with BE44 stating that
“FORLANI is a really good guy” and that FORLANl’s MBE was “viable” BE44 said, “I just
hope we’re on, you know, again I, I, we’re gonna pull it back together, JIMMY, We’re not
gonna, ah, and, and it’s all union and hopefully we can get a, you’ll get ah, good group in there in
the second go round." DIMORA said, “Yeah, let‘s hope.”
160. On or about March 7, 2008 at approximately 11:46 a.m., DIMORA and
FORLANI had a conversation in which FORLANI said, “[BE44] leti me a message this morning
that they’re, they’re going forward with the electrical, so obviously he didn’t understand what the
f--k you told him . . _ It would be up to you guys to get a birdie to him to say rebid everything.”
DIMORA said, “Yeah.”
161. On or about March 7, 2008 at approximately 12:42 p.m., DIMORA and PEIO had
a conversation regarding the JJC bids, DIMORA says to PE10, “The other thing is, the, ah, the
electric contract on that thing. Can you double cheek it? You’re sure the, the minorities, the
SBEs _ . . is able to handle the amotmt of work they say they are able to handle?" PE10 replied,
“Yeah, well we, what I did Was, I pulled their tile and l looked at their financials. A.nd I, I`d be
happy to share it with you so you can see it. Ah, I pulled their financials and I looked at their,
their contract history. And they’ve done, you know, almost two million dollars per contract in a
lot ofinstanoes . . , They seem to be ok, I mean.” PE10 said he would pull their file and send
some information over to DIMORA so he could see some ofthe contract history.
162. On or about March 10, 2008, Doan employees worked on baseboard heating at the
DIMORA residence for which DIMORA was not billed,
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163. On or about March 10, 2008 at approximately 9:29 a.m._ 131360 leli a message lor
DIMORA asking that he give her a call.
164. On or about March 10, 2008 at approximately 11:51 a.m., 131260 faxed Relative 3's
resume to D11\/[OR/\.
165. On or about March 10, 2008 at approximately 1:30 p.m,, DIMORA and Lori
Dimora had a conversation about a DOAN worker at Dl\fl0R_A’s residence fixing at thermostat.
166. On or about March 13, 2008, DIMORA voted to reject bids in live areas related to
the JJC proieet, including plumbing, and to authorize the Director ofthe Office of Procurement
& Diversity to re-advertise for bids.
167, On or about March 17, 2008 at approximately 3134 pm.. BE60 told DIMORA
that FORLAN1 had asked her to call DIMORA, to inform DIMORA that Neteam had submitted a
proposal to RTA. She said FORLANI was concerned that P022 and P023 would not recognize
Neteam as a FORLAN1 company, FORLAN1 wanted DIMOR./\ to bring that to the attention ot`
P022 and PO23. DIMORA agreed to make calls,
168. On or about March 17,2008 at approximately 4:26 p.m., D1MORf\`s assistant
connected 1.)11\/IORA to P022 by telephone. D11\/[ORA said FORLANI “has a proposal in RT/\
and l1E.‘j\lS(\V€l!11S{O make sure you know that this is his company. 1t’s not Doan Pyramid. 1t’s
under Nctcam AVI. 1t’s for LRV Audio Communication and Survtxillance system. 1 guess you
guys are gonna be awarding it very soon at RTA." P022 said, "lt may be on our agenda for
tomorrow, but unfortunately 1 atn in the oar. . _ Do me a favor, do me a lavor. Have your
secretary call him and just tell him to call me on the cell phone. His cell phone works, I1` it is
there, it’s there. lfit`s not, we’l1 figure out what we need to do. But he is doing all the, ah,
electrical and signs on the. ali, Euclid Corridor proieut." DIMOR/\ responded, "Yes, but he
didn't want, he didn`t want people not to know Netcam is his, too. You don`t know, you might
not know, who, you know, that`s what the problem was. if it was Dean Pyramid you would
know,"
169. On or about 1\'larch 17, 2008 at approximately 4:34 p.m., P022 called DIMORA
back and reported, "J1MMY. lt is the lirst item on the agenda tomorrow " DIMORA asked, "ls
is he getting it?’” P022 responded, "Yeah, N»E-T, Neteam AV1, is that the name ol`his
company? Yeah. its first one on the agenda tomorrow. $1.2 million roughly.” DIMORA said.
"Ok, so, 1 guess Ijust needed to make sure you knew lhatNetea1n, oh I get it, Here is what must
have ltappened, lle leli me a voicemail, '1’m in Florida . . . please do me a Favor and get a hold
ol` [PO22| and l1’O23] and let them know that Netcam is my company cause t|iey’rc not gonna
put two and two togelheix’ So he must have been getting the award. He just wanted to make
sure you knew who Neteam belonged to." P022 responded, "Honestly. they may not have told
him, they’re real, they`re priclty over there ...' they don`t, they don’t do business there like you
and 1 do business," D1l\/IORA said, "1 see. Well, il`he is getting it lhat`s good, then you know it
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is his company.” P022 said, “Yeah, yeah, I’ll take care of it.”
170. On or about March 17, 2008 at approximately 4:49 p.m., BE60 called DIMORA.
DIMORA told her, “They [RTA] are giving him that award. Did you know that? , _ . lt’s the tirst
item on the agenda for almost, it’s 1.8 some million dolla.rs, almost $1.2 million .... Tomorrow
it‘s on. Netea.m’s getting it. ljust talked to, Ijust talked to [PO22]. He called me back and told
me it is the first item on the agenda, So ljust made him aware that Neteam is also affiliated with
FORLANI. That’s his, ah, audio visual company. So he knows that and l got a call into [PO23]
to let him know that.”
171. On or about March 17, 2008 at approximately 4:56 p,m,, PO23 and DIMORA had
a telephone conversation. DIMORA said, “Thanks for calling back. Hey, um, I’ll keep you just
for a second here. Tomorrow, on your RTA board meeting there is a recommendation of an
award for a communication and surveillance system to be installed by a company called Neteam
. . . That company is owned by MIKE FORLANI of Doan Pyramid Electric. I just wanted you to
know, you know, he is a good guy, um, and it is the same owner as Doan Pyramid, Neteam, and
that, who’s being recommended. I don’t know if you know FORLANI. Do you know him?"
P023 responded, “I know who he is. I don’t know ifwe ever met personally, but, yeah, I am
very familiar with Dean,” DIMORA said, “ljust didn’t want, um, any confusion that somebody
wouldn’t know that Neteam and Doan are affiliates.” P023 said, “Doan, I have no problem with
Doan. I’ll be sure to support it.” DIMORA said, " Yeal1, so it is on your agenda, ah, it’s the first
item on there, recommending Neteam, so if you would do that, that’s great, I just wanted to give
you a heads up.” P023 said, “I appreciate that. We can do that.” DIMORA replied, “I
appreciate it. Thank you.”
172, On or about March 17, 2008 at approximately 5:00 p.m., DIMORA left a message
for BE60 saying “I got a hold ot" [PO23]. He’s fine. Everything’s good with him."
173. On or about March 17, 2008 at approximately 5:20 p.m., BE60 called DIMORA.
DIMORA told her he had contacted P023, that P023 was “fine,” and that BE60 could “tell
FORLANI.”
174. On or about March 18, 2008, the RTA Board voted to award Neteam a contract
valued at approximately $1 , 176,570.
175. On or about March 18, 2008, DIMORA and Anthony Calahrese had a
conversation about the VA Development Project in which DIMORA told Anthony Calabrese,
“FORLANI is never going to sell this VA deal , . , You know, 1 put him in with [BE50] trying to
get them to partner on this deal, you know. And he couldn’t even get [Business 50] with [BE50]
involved in it."
176. On or about March 19, 2008 DIMORA and Russo had a conversation in which
they discussed DIMORA‘s role in securing the RTA contract for Neteam. DIMORA said, “I just
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got him $2 million,” Russo responded, “He lost the Electrical bid [on the JJC] that`s a shame
isn’t it?” DIMORA said, “Yeah. I got him $2 million back from RTA," Russo asked, “Oh you
mean you, they added on to his contract'?” DIMORA replied, “No I got him a, for Neteam, l got
him $2 million dollar award for, uhh, communications system over there." Russo said, “Oh my
God." DIMORA said, “So at least he got.” Russo interrupted and said, “You know he’s, he calls
me up, he says, ‘You’s do nothing for me.’“ DIMORA replied, “I know. He’s full of s--t."
Russo said, “He says that all the time to me.” DIMORA said, “BE60 called me, said,
‘MICHAEL [FORLANI] told me to tell you.’ I said, ‘Tell that m ---- 1' f -~-- r to, he should call me
himselfnot have you call.’”
177. On or about March 21, 2008, FORLANI and BE45 had a conversation in which
BE45 said, “Yeah, so, so, we got the contract from RTA.” FORLANI replied, “Yeah and that,
that I told you, that was gonna be fine.”
178. On or about March 24, 2008, DIMORA and FORLANI had a conversation in
which DIMORA said, “I had to help bail you out of another dilemma at RTA. While you were f-
----g vacationing, the f-~-~-g, the public servant is at work.” FORLANI replied, “That’s what I
like.”
179. On or about March 31, 2008, Lori Dimora called BE47 and described a problem
with the television in the DIMORA living room, BE47 said it was probably “fried” and would
cost more to repair than to replace.
180. On or about April 1, 2008, RTA mailed a notice to proceed to Neteam which
enclosed the executed contract.
181. On or about April 4, 2008, FORLAN1 received a message from his assistant about
Ontario Point stating that BE43 had called regarding contact infonnation.
182. On or about April 6, 2008, FORLANI called PE58 at ODOT. When PE58
answered the telephone, FORLANI said, “I-Ii, this is JIMMY DIMORA and Frank Russo’s
personal secretary. Can I help youil” PE58 laughed and said, “The question is, how can I help
you?"
183. On or about April ll, 2008 at approximately 12:53 p.m., DIMORA called BE60
and told her that Relative 3 was going to “be taken care oi" He explained Relative 3 would be
working in Justice Affairs and that PE1 I should be calling Relative 3 soon. BE60 asked if
Relative 3 would get paid and DIMORA responded in the affirmative. BE60 responded, “You’re
the best _ . , What can I do for you?" DIMORA then asked BE60 to have BE47 from Neteam
come over and connect and program the new television DIMORA had received. BE60
responded, “I’ll make sure . . . it would be my pleasure,”
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184. On or about April ll, 2008 at approximately 12:57 p_m., DIMORA called PEI l
and told him he Wanted PEI I to arrange a summer position at the County for Relative 3.
DIMORA told PEI] to call BE60, the aunt of Relative 3, and tell her the spot was lined up.
DIMORA said he wanted to make sure they could count on the three jobs, one for each
commissioner. He asked PEI I to try to “do it today.”
185. On or about April ll, 2008 at approximately 5:17 p_m., DIMORA called PEI I
and asked “How are we with thejob?” PEI] reported to DIMORA that he called Relative 3 and
she was excited. PEII was waiting to hear back about what department Relative 3 would be
working in. DIMORA said, “I’m sure she [Relative 3] is fine. She’s criminology _ . _ They’re
going to take one from each, so that’s our one.” '
186. On or about April I2, 2008 at approximately 4:07 p,m_, FORLANI and DIMORA
had a conversation about installing a television at DIMORA’s house. DIMORA said, “So I
called that [BE47]. I gotta get my new TV hooked up _ , _ He never called me back, tl1e f~~k.”
FORLANI said, “I told them, I told him that you’re now, you know, you gDt f ----- g issues, f--k
that guy.” DIMORA said, “Who’s got issues?" FORLANI said, “You do.” DIMORA said,
“There’s gonna be f ~---- g issues if he don’t call, this mother f ----- r," FORLANI laughed. Later,
DIMORA said, “Yeah, so now I had to get a whole new f ------ g concept in there, I gotta have
’em hook it on the wall and put the s--t all hooked up to it, the DVD and all that. Shouldn’t take
them that long.” FORLANI said, “Alright, I’ll find out What’s happening.” DIMORA said, “I
got all ah, I told BE60 yesterday, I said, ‘BE60, can you get [BE47] over here on Monday to hook
this f ----- g thing up_”’ FORLANI replied, ‘*She’s no f ----- g good either,” Later DINIORA said,
“MICHAEL, call this f ----- g [BE47].” FORLANI responded, “Alright” DIMORA said, “Do me
a favor for a f ------ g change. First, First time I ask for f ----- g something in ten years.” FORLANI
said, “Ah Jesus, let me hang up the f ----- g phone because its starting to hurt my f ----- g ears.”
DIMORA said, “Jesus Christ, first time in _ , _ ten years, I’m asking somebody for a favor.”
187. On or about April 18, 2008, BE47 worked on installing the television at the
DIMORA residence.
188. On or about April 21, 2008, BE47 told DIMORA he was at Home Depot picking
up parts and would be right over to work on installating the television.
189. On or about April 24, 2008, a Doan employee called DIMORA about the switch
on DIMORA’s Pepsi machine and some other miscellaneous items that needed repair. DIMORA
said he had been talking to FORLANI and that F ORLANI had told DIMORA to call BE60_
190. On or about April 26, 2008 at approximately 10:30 am., Lori Dimora lelt a voice
message for BE47 to report an issue with the television over the fireplace. The television wasn’t
on the proper input and they could not figure out which button to push to get the picture back on.
Lori asked for BE47's assistance.
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191. On or about April 30, 2008 at approximately 4:09 p.m., DIMORA and FORLANI
had a conversation about funding the VA Development Project in which FORLANI asked
DIMORA about BE51_ DIMORA put BE51 on the phone with FORLANI. FORLANI told her
that BE52 was going to send her “all the stuff electronically.” BE5l said she appreciated it and
would call FORLANI.
192. On or about April 30, 2008 at approximately 6:02 p.m,, BE5l told FORLANI,
“We’ve got everything [rez the documents FORLANI had sent to her electronically]," and that
she [BE51] was heading back to Columbus and would look at it when she arrive at her office.
193. On or about May 1, 2008, BE5l and DIMORA had a conversation in which BE51
thanked DIMORA for introducing her to his friends. She said she spoke with FORLANI the day
prior and she would “take care of him," DIMORA replied “Maybe you can come up with some
creative ways tc, ah, get the financing done.”
194. On or about May 1, 2008 at approximately 5:16 p.m., BE51 left a message for
FORLANI in which BE51 gave FORLANI the names of BE5l's analyst and BE5l's
underwritefs counsel (Attomey 8) because they may participate in litture discussions about the
project. BES1 wanted to make sure FORLANI had their names.
195. On or about May 1, 2008 at approximately 5:23 p.m., Attomey 8 left a voice
message for F ORLANI asking to discuss the VA Development Project,
196. On or about May 1, 2008, FORLANI, Russo and DIMORA had a conversation
about VSC. FORLANI said to Russo, who was the first one on the phone, “We are supposed to
have a little building in front and the, the County, the little County group of VA that, that PE59 is
in charge of . _ . Frank, they want to move to our building [the VA project]_ The County comes
back and tell us we [unintelIigih1e].” Russo told FORLANI that he could not understand him.
FORLANI said, “Yeah, the County said, ‘tells them that we don’t want you moving dovmtown,
We want to narrow your range of where you’re going.’ You tell JIMMY DIMORA he is a f ----- g
dead man and I hope the f --~-~ g FBI is listening.” Russo put DIMORA on the telephone.
FORLANI said that he talked to BE5 l. DIMORA said, “You musta got your deal done. Another
f ----- g deal I did for you. “ FORLANI said, “No I didn’t get my deal done, but listen_” DIMORA
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
done and I get [unintelligible] done for you.” FORLANI laughed and said, “I already proceeded
today. The first two shots I took got slapped into the fitih row _ . _ but I will get that done, Now,
in the meantime, listen to how bad you f ---- d me _ _ . This Veterans, there is a Veteran‘s,
Cuyahoga County Veterans or whatever _ . _ and they’re in a building, They want to move, they
wanna move on the, on the, the second floor ofthe retail building in front of the garage on East
105th because that’s great access to the veterans. It ma_kes sense, this and that, The f ----- g
County, of which you’re in charge of, comes back and tells them today that we don’t want you
moving out of this particular geographical area, You f ----- gjust cost me. I can`t even f ----- g tell
you how much mother f ----- g money.” DIMORA responded, “I will, I will guarantee you that
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that isn’t true _ _ . I guarantee you can get them in your building . _ . ’Cause they’re looking to
move out and I think somebody put the kibosh to you from inside _ , . I’ll take care of that.”
197. On or about May 3, 2008, DIMORA and FORLANI had a telephone conversation
in which FORLANI said, “Hey, ah JIMMY, don’t forget about my, ah, about whether that, VA,
that County VA could move to a wider range." DIMORA replied, “What do you mean?”
FORLANI said, “Remember I told you they won’t let, uh, the County said we don’t want to go
all the way up to l05th." DIMORA said, “Yeal1, yeah I remember." FORLANI asked, “I mean,
can you look into see, what`s, wl1at’s that is about?” DIMORA replied, “Yeah . . . I can find out
to see what the issue is. Well what sense does it make not to have them go there? They saying
they’re out of the service area?” FORLANI said, "You know, they are saying that. Meantime,
the veterans are right there at the VA, They are saying well that we think that the veterans would
be better served down here [downtown], which is stupid, I mean, they go to the VA [hospital]
every day. I mean, let’s see, see what’s up, I mean, if you can. If you can’t, you ca.n’t.”
DIMORA said he would “check.”
198. On or about May 5, 2008 at approximately 1:08 p.m., DIMORA and FORLANI
had a conversation about the VSC in which FORLANI said, “I was just calling about, you know,
if you were going to talk before they, on that, uh whether they would extend the range on that
thing you do, on the, uh, ’cause otherwise I gotta tell this architect to stop.” DIMORA said,
"Yeah, I already left the message. I’m waiting to get an answer back." FORLANI said, “Okay.
Just let me know ’cause I gotta tell this architect to stop.” DIMORA replied, “Yeah. I’m already
on top ofthat."
l99. On or about May 5, 2008 at approximately 5:29 p.m., DIMORA asked PEII for
the name and telephone number of the executive director of the VSC [PE59].
200. On or about May 6, 2008 at approximately 7:52 p.m., DIMORA and BESI had a
conversation about funding for the VA Development Project in which BESI said BESI was
coming to Cleveland on Friday and wanted to know if DIMORA wanted to stop in. They also
talked about problems FORLANI was having with the Port Authority.
201. On or about May 6, 2008 at approximately 8:11 p.m,, DIMORA and FOKLANI
had a conversation about financing forthe VA Development Project.
202. On or about May 6, 2008 at approximately 8:16 p.m., DIMORA and BESI had a
conversation in which DIMORA told BESI that he had talked to FORLANI, and had arranged a
lunch date for Friday.
203. On or about May 9, 2008 at approximately 3:47 p.m., DIMORA and BESI had a
conversation in which BESI said, “we`re” going to help FORLANI. DIMORA told BESI that he
would help out if necessary.
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204. On or about May 9, 2008 at approximately 3:48 p.m., DIMORA and FORLANI
had a conversation in which DIMORA asked FORLANI if he needed him to do something with
Business 52. FORLANI said that he would think about it and call him. F ORLAN1 said he paid
for lunch.
205. On or about May 9, 2008, F ORLANI authorized a $165 .23 charge on his Doan
credit card at Dante’s Restaurant.
206. On or about May 9, 2008 at approximately 4:31 p.m., FORLANI called DIMORA
and said, “Give me my $190.00 back, would you? This tl---n’ favor thing has gone way f----n’
distorted anymore.” FORLAN1 said it is like a “teeter-totter with you sitting at one end and me
on the top.”
207. On or about May 9, 2008 at approximately 5:10 p.m., FORLANI placed a call to
Roll Call Business Conferencing for a conference call regarding funding for the VA
Development Project.
208. On or about May 10, 2008, DIMORA and Attorney 8 had a conversation about
FORLANI’s attempt to finance the VA project in which Attomey 8 said he wanted DIMORA to
“push” FORLANI in the direction of BE51’s deal.
209. On or about May 14, 2008, BE51 and DIMORA had a conversation in which
BE51 discussed FORLAN1 getting a good rating from Standard and Poor’s and a good rate of
interest on a business loan that would save him $500,000 per year on the VA Development
Project. BESI offered to facilitate FORLANVS transaction and complete it in thirty days. She
also reported that the meeting with PE60 had gone “really well." BE51 said BE5l might need
DIMORA’S support with this endeavor. DIMORA said that he knew some key board members
and that PE6l, one ofthe board members, was a good friend of his.
210. On or about May 16, 2008 at approximately 9:35 a.m., DIMORA and PE23 had a
conversation about the VSC in which PE23 said the VSC lease was ending for its Prospect
location, so the VSC was compiling an RFP for new space. He said that the VSC commissioners
wanted t.he agency to remain dcvwitown. He further indicated that the RFP would be broad
enough to include East 105th Street (the Wade Park area). PE23 noted that FORLANI would be
able to bid on it and that PE23 would call FORLANI to let him know.
211. On or about May 16, 2008 at approximately 11:12 a.m., PE23 and FORLANI had
a conversation about the VSC. PE23 said he had spoken to PE59 from the VSC. He said PE59
intended to put DUI an RFP, as required by law, and would try to move it out to the VA area
where FORLANI was working. PE23 went on to explain that the VSC board wanted the agency
downtown and the problem was not the County Commissioners but the Veterans Service
Commissioners. He told FORLANI that the executive director was going to compromise and do
the RFP, which would be flexible enough to include FORLANI’s operation. PE23 said, “In the
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meantime I guess we’ll have to lean on the Commissioners ofthe Veteran’s Services Board,” . _
because PE23 was sure what FORLANI was offering would be much more economical than
anything they can do on their own. FORLANI replied, “I will never say another bad thing about
PE23 again for your cooperation.” PE23 replied, “I do this favor for him and then he’s going to
bad mouth the s--t out of me.” FORLANI and PE23 laughed.
212. On or about May 16, 2008 at approximately 9:22 a.m., DIMORA and PE23 had a
telephone conversation about the VSC in which DIMORA expressed concern that PE23 and the
VSC commissioners did not want the VSC to move out as far as Wade Park. DIMORA said he
wanted to arrange for a meeting for PE23, DIMORA and FORLANI to discuss it.
213. On or about May 22, 2008, FORLANI received a voice message from BE5l
calling to check on FORLANI (regarding funding for the VA Development Project).
214. On or about .ltme 2, 2008, FORLANI and DIMORA had a conversation about
funding for the VA Development Project. FORLANI stated he had a problem with “the VA
deal.” DIMORA said BESI and Attomey 8 were “back” FORLANI said, “Tell them to go f--k
themselves.” DIMORA said, “Wednesday to see me at l. I’m meeting with them at Dante’s.”
FORLANI replied, “Yeah and they wanna have dinner with me. F --k that [UI]." DIMORA said,
“They [BE5l and Attomey 8] said they could do the deal.“ FORLANI replied, “Yeah, yeah,
yeah, yeah, yeah, yeah." DIMORA said, “You don’t think they can?" FORLANI said, "JIMMY
I am working hard on something else. Their fees are way, way, way, way, way, way too high,
JIMMY.” DIMORA said, “Well, we’re gonna have to tell them. You want me to tell them?"
FORLANI said, “Don’t worry about it.” DIMORA said, “I’ll tell them.” Later in the
conversation, DIMORA said, “Do you want me to just tell them [BE5l and Attorney 8] about
their fees? Tell me what I should tell them.” FORLANI replied, “Here’s what I did. I engaged
Hoffa [FORLANI’s nickname for PE6l]. I said, ‘[PE6l], go to a couple ofthe national guys
other [UI] funds so they can’t buy themf So, right now he’s got this [named person], he’s
working on maybe $35-40 million worth of bonds. S&.P is going to committee this week, Until
they go to committee we don’t know s--t.”
215. On or about June 3, 2008 at approximately 6:17 p.m., DIMORA and BESI had a
conversation in which BE5] asked if BE51 could come by and see DIMORA at Dante’s at 1:00
p.m. the next day. DIMORA said that he did not know if FORLANI would be there. BESI said
that FORLANI should come and worried that this deal (the VA Development Project) was
getting away from FORLANI.
216, On or about June 3, 2008 at approximately 7:39 p.m., DIMORA left a voice
message for FORLANI stating, “BE5l is looking forward to seeing you and me tomorrow at
Dante’s. BE5l’s really looking forward to seeing you, one o’clock tomorrow at Dante’s.”
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217. On or about .Iune 4, 2008, DIMORA and FORLANI had a conversation in which
DIMORA and FORLANI discussed FORLANI going to Dante‘s to meet DIMORA, who was
there with BE5l. FORLANI said he would stop by.
213. On or about June 25, 2008, FORLANI and BE60 had a conversation in which
BE60 told FORLANI, “You also got an e-mail from BE51. BE5l going to be at Da.n1e’s tonight
from 6:30 to 9:00 and wants you to stop by.”
219. On or about July 3, 2008, DIMORA and FORLANI had a conversation in which
DIMORA said, “When are we going to get together because I got a lot of things to talk about and
can’t talk onthe phone.” FORLANI said, “Well, obviously you don’t feel like I’m an important
cog in your life anymore.” DIMORA said, “I’m not sure who is important and who is not but I
think you are still up there." They discussed funding for the VA Development Project, and then
FORLANI said, “I know, you don’t seem to give a f--k.” DIMORA responded, “I care, I’m
trying to help you. I brought this, clidn’t I bring BE5l to the table'?” FORLANI said, “You had
other self motivations, who the f--k you think you’re talking to, I mean seriously how f -»--- g
dumb is [UI].” DIMORA said, “And Attomey S.” FORLANI responded, “You’re not denying
you had other motivations are you?"
220. In or around September 2008, the VSC issued an RFP to lease office space to be
located in an area bounded in the east by East 105th Street with a notice to vendors issued “by
order ofthe Board of County Commissioners of Cuyahoga County, JIMMY DIMORA . . .
221. On or about December 31, 2008, FORLANI caused Doan to issue a check payable
to Business 53 in the amount of $7,578.27 to reimburse Business 53 for its payment on the
television Neteam had installed in the DIMORA residence in July 2006.
All in violation of Title 18, United States Code, Section 1951.
The Grand Jury further charges:
COUNT 3
(Hobbs Act, 18 U.S.C. §§ 1951 and 2)
222. Paragraphs 1 through 4, 6 through 7, I0 through 21, 23 through 30, 32 through 38,
44, 47 through 53, 60 through 61, 63, 66, 68 through 73, 80 through 83, S5 through 86, 88
through 89, and 91 through 92 of this Indictment are re-alleged and incorporated by reference as
if fully set forth herein.
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223. Begirming in or around 2002 and continuing until on or about December 31, 2008,
the exact dates being unknoum to the Grand Jury, in the Northem District of Ohio, Eastem
Division and elsewhere, Defendants MICHAEL FORLANI and JAMES C. DIMORA, and others
knovim and unknown to the Grand Jury, did knowingly obstnret, delay and affect commerce and
the movement of articles and commodities in commerce by extortion; that is, DIMORA, with the
assistance of FORLANI and others, obtained property not due to him or his office, from Neteam
and Doan with their consent, under color of official right.
All in violation of Title 18, United States Code, Sections 1951 and 2.
The Grand Jury further charges:
COUNT 4
(Conspiracy to Commit Mail Fraud and Honest Services Mail Fraud, 18 U.S.C. §§ 1341 and
1346, and to Commit Wire Fraud and Honest Services Wire Fraud, 18 U.S.C. §§ 1343 and
1346, all in violation of 18 U.S,C. § 1349)
224, Paragraphs 1, 3, 6, 10, 12, 14, 16, 18, 20, 23 through 27, 31 through 33, 35, 37,
44, 47 through 53, 60 through 61, 63, 66, 68 through 72, 80 through 83, 85 through 86, 88
through 89, and 91 through 92 of this Indictment are re-alleged and incorporated by reference as
if fully set forth herein.
THE CONSPIRACY
225. From in or around 2002 through on or about February 26, 2010, the exact dates
being unknoum to the Grand Jury, in the Northem District of Ohio, Eastem Division and
elsewhere, Defendants MICHAEL FOR_LANI and JAMES DIMORA, BE60 and others known
and unknovim to the Grand Jury, did knowingly and intentionally combine, conspire, confederate
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and agree with each other to commit offenses against the United States; that is, to knowingly
devise and intend to devise a scheme and artifice:
(1) to defraud and deprive Cuyahoga County and its citizens of their right to the honest
and faithful services of DIMORA, through bribery and kickbacks and the concealment of
material information related thereto, and
(2) to defraud Cuyahoga County, certain contractors and job applicants and to obtain
money and property by means of materially false and fraudulent pretenses,
representations and promises,
and _for the purpose of executing such scheme and artitice, to (1) cause matters to be placed in
any post office and authorized depository for mail matter to be sent and delivered by the United
States Postal Service and private and commercial interstate carrier, in violation of Title 18,
United States Code, Sections 1341 and 1346 and (2) to cause to be transmitted by means of wire
communication in interstate commerce, writings, signs, signals, pictures and sounds, in violation
of Title 18, United States Code, Sections 1343 and 1346,
OBJECT OF THE CONSPIRACY
226. It was the object of the conspiracy that DIMORA secretly used his official
position to enrich himself and his designees, by soliciting and accepting gihs, payments, and
other things of value from FORLANI, Doan, Neteam and Doan’s employees, in exchange for
favorable official action, and that FORLANI, BE60, Doan, Neteam, Veterans Development,
Veterans Development Domiciliary, LLC, Wade Park Retail, LLC, Fedco, and Deep Three
enriched themselves and their designees by secretly obtaining favorable official action for
themselves and their designees through comipt means.
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MANNER AND MEANS
227. It was part of the conspiracy that:
228. DIMORA solicited and accepted gifts, payments, and other things of value from
FORLANI, Doan, Neteam and Doan’s employees, including tree and discounted home
improvements, cellular telephones, cellular telephone service, and meals,
229. DIMORA provided favorable official action for the benefit of FORLANI, BE60,
Doan, Neteam, Veterans Development, Veterans Development Domiciliaxy, LLC, Wade Park
Retail, LLC, Fedco, and Deep Three and their designees both as requested and as future
opportunities arose.
230. DIMORA attempted to deprive the County, certain contractors and job applicants
of money and property and to give Doan, Neteam, Veteran’s Development, Veteran’s
Development Domiciliary LLC, Wade Park Retail, LLC, Fedco, Deep Three and their designees
a financial benefit by taking official action related to the award and administration of public
business, based on FORLANI and others offering and giving things of value to DIMORA and his
designees and not based solely on merit.
231. FORLANI, Dimora and BE60 caused to be transmitted by means ofwire
communication, in interstate commerce, writings, signs, signals, pictures, and sounds and used
and caused to be used the United States mail and private and commercial interstate carriers to
send and deliver mail matter, all in furtherance ofthe conspiracy, including mail matter and
interstate wire communications sent and received in the Northem District of Ohio.
232. The conspirators took steps to hide, conceal, and cover up their activity and the
nature and scope of FORLANI, BE60, Neteam and Doan’s dealings with DIMORA.
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» Execution of the Scheme
233, On or about the dates listed below, in the Northern District of Ohio and elsewhere
FORLANI, DIMORA and other conspirators, for the purpose of executing the above-described
scheme and artiiice, caused documents to be delivered and sent through the United States mails
and by private and interstate carrier, and caused to be transmitted by means of wire
communication, in interstate commerce, writings, signs, signals, pictures, and sounds, including
Ol/05/2005
04/07/2005
05/19/2005
09/21/2005
09/29/2005
l l/16/2005
12/15/2005
5/l/2006
6/26/2006
6/26/2006
Description
OPERS l`om1 A for PE6l mailed from Cleveland OH to OPERS in
Columbus OH
County check in the amount of $241 853 mailed from the County in
Cleveland OH to Doan in Bedford Heights OH
County check in the amount of $56 137 mailed from the County in
Cleveland OH to Doan in Bedford Heights OH
County check in the amount of $6 495 mailed from the County in Cleveland
OH to Doan in Bedford Heights OH
County check inthe amount of $1 1 l 065 mailed from the County in
Cleveland OH to Dorm in Bedford Heights OH
E-mail from a VA oiticial in Washington D.C. to a VA official in
Cleveland OH, FORLANI and others confirming a meeting about the VA
Development Project
County check in the amount of $65 O01 mailed from the County in
Cleveland OH to Doan in Bedford Heights OH
UPS Ground shipment ofa 32”All-weather Outdoor TV Wall Mount and
the NDOH
Dust Cover for DIMORA from SunBrite TV, Moorpark CA to DIMORA in
UPS Ground shipment of Pull-N-Tilt Wall Mount from Chie£ Savage MN
to Neteam in Bedford Heights OH
UPS Ground shipment of Video Up to Component/Multi-room Receiver
_ from MPX Distribution, Twinsburg OH to Neteam in Bedford Heights OH
the following:
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6/26/2006
6/26/2006
7/ 1 1/2006
9/20/2006
l0/26/2006
monthly from
approximately
January 2007
through
approxrmately
December 2008
08/l/2007
2/29/2008
3/ 17/2008
04/03/2008
04/03/2008
DIMORA from DBL Distributing Scottsdae AZ to Neteam in Bedford
UPS Ground shipment of Universal Remote and Surge Suppressor for
Heights OH
UPS Ground shipment of Pair of Two-way Bookshelf Speakers and
Subwoofer for DIMORA from RBH Sound, Layton UT to Netearn in
Bedford Heights OH
UPS Ground shipment of Second Universal Remote for DIMORA from
DBL Distributing Scottsdale AZ to Neteam tn Bedford Heights OH
Mailmg of Loan Documents for Economic Development Loan from
Cuyahoga County Department of Development to FORLANI in Bedford
Heights OH
Letter to FORLANI tn Bedford Hexghts OH notifying htm that the County
Commissioners had approved an Economic Development Loan for Doan
and mdtcatmg that a check would be mailed tn seven to ten business days
Doan checks mailed from Bedford Heights OH to the County m Cleveland
OH in payment on the above loan
E mail from TL rn Columbus OH to GB at the VA in Washmgton D C and
several agents of the Port Authority In Cleveland OH re service agreement
on the VA Development Project
Telephone call between FORLANI in Tampa FL and DIMORA rn Northern
District of Ohto regarding the JJC Project sponsorships and the Beanie
Wells jersey
Telephone call between FORLANI in Tampa FL and BE60 in the Northem
Dtstrlct of Ohio regarding the RTA contract
E mail from BE60 tn Bedford Heights OH to BE43 tn the Northern DlS[I'1Cl
of Ohro that traveled through a server in San Antonio Texas statmg
MICHAEL [FORLANI] asked if we could have a copy of what was
submltted and/or requested for ODOT”
E mail from BE43 m the NDOH to BE60 ln Bedford Heights OH that
traveled through a server m San Antonio Texas stating BE60 we
subrnrtted to ODOT for an east face west face and north face billboard on
the Ontano property
_
rt -
» 11
, . _ ‘L
_ 3 _ I _
- »=
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05/072008 Conference call between FORLANI in the Northern District of Ohio and
others via Roll Call Business Conferencing outside the State of Ohio
regrading VA Deveiopment Project funding.
05/09/2008 Conference call between FORLANI in the NDOH and others via Roll Call
_ Business Conferencing outside the State of Ohio regrading VA
Development Project funding
06/10/2008 OPERS Form A for Relative 3 mailed from the County in Cleveland OH to
OPERS in Columbus OH
September RFP for office space mailed by the VSC in Cleveland OH to various
2008 contractors
1/28/2010 Check mailed from RTA in Cleveland OH to Neteam in Bedford Heights
OH
2/26/2010 Check mailed from RTA in Cleveland OH to Neteam in Bedford Heights
OH
monthly from Doan checks mailed from Bedford Heights OH to Verizon in Pennsylvania
approx. January
2006 through
July 2008
All in violation of Title 18, United States Code, Section 1349.
The Grand Jury further charges:
COUNT 5
(Conspiracy to Tamper with a Witness, 18 U.S.C. § 1512, in violation of18 U.S.C. § 371)
234. Paragraphs 1, 3, 6, 10, 23, 25 through 27, 42, 51 through 55, 67, 72, 74, 78, 79,
88, and 91 of this Indictment are re-alleged and incorporated by reference as if fully set forth
herein.
235. From in cr around December 2007 through the date of the filing of this
Indictment, the Federal Bureau of Investigation (“FB1”) and the Internal Revenue Service,
Criminal Investigation Division (“IRS”) were investigating, among other things, whether
individuals and private companies had provided things of value, inciuding tree and discounted
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home improvements, to Dimora and other public officials in retum for their promise to perform
official acts. In the course of that investigation (hereinatter "the County corruption
investigation”), federal grand jury subpoenas from the Northem District of Ohio were issued.
236. On or about May 23, 2008, in one of the first overt steps in the County corruption
investigation, FBI agents interviewed Steven Pumper about Pumper bribing PE37 and sought
Pumper’s cooperation in an investigation of municipal public corruption. Although the
interviewing agents did not mention the County or any County official, Pumper volunteered, “I
know you guys are thinking of Dimora and Russo and them." ,
237. On or about the moming of May 26, 2008, Attorney 5, then representing Pumper,
learned that a grand jury subpoena would be forthcoming requiring DAS and Pumper to produce
documents.
238. On or about May 29, 2008, and in furtherance of the County comrption
investigation described above, the United States served a federal grand jury subpoena on DAS
requiring production of “all documents reflecting any financial relationship between DAS
Construction and any public official" and also served a federal grandjury subpoena on Pumper
requiring production of “all documents reflecting any financial relationship between DAS and
any public official."
THE CONSPIRACY
239. Beginning on or about May 23, 2008, and continuing until on or about December
31, 2009, in the Northem District of Ohio, Eastem Division and elsewhere, Defendant
MICHAEL FORLANI, James C, Dimora, Steven Wayne Pumper, Robert W. Rybak, Anthony
Melaragno, Nicholas A. Zavarella, Frank P. Russo and Michael Gabor (the latter seven of whom
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are not charged herein), and others known and unknown to the Grand Jury, did knowingly and
intentionally conspire, combine, confederate and agree together and with eachother and with
other persons known and unknown to the Grand Jury, to commit an offense against the United
States, namely, to violate Title 18, United States Code, Section l5l2(c)(2).
OBJECT OF THE CONSPIRACY
240, It was the object of the conspiracy that FORLANI, Dimora, and others known and
unknown to the Grand Jtuy, corruptly obstructed, influenced and impeded an official proceeding,
and attempted to do so, by trying to conceal from law enforcement and the Grand Jury the fact
that DIMORA and Russo had solicited and accepted bribes, kickbacks and gratuities from
FORLANI, Ptunper, Melaragnc, Zavarella and others.
MANNER AND MEANS
241. It was part of the conspiracy that:
242. In order to make it appear that the work Doan and Neteam perfomied on Dimora’s
house was not free and discounted, and did not constitute bribes or gratuities, FORLANI,
Dimora, and others created and caused to be created documents related to work performed at
Dimora’s residence.
243. During the course ofthe conspiracy, Dimora caused to be sent a series of checks
dravsm on Lori and James Dimora`s personal checking account made payable to Doan and others
who performed work at Dimoi-a’s residence.
244. Dimora and FORLANI and others influenced and attempted to influence
statements of witnesses about the work performed at Dimora’s residence and other things of
value provided to Dimora.
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245. At times, Dimora communicated with FORLANI and others through
intermediaries.
OVERT ACTS
246. In furtherance of the conspiracy, and to effect the object thereof, FORLANI,
Dimora, and others committed the following overt acts in the Northern District ot" Ohio and
elsewhere:
A. On or about May 23, 2008, Dimora caused a check on Lori and James
Dimora’s personal checking account to be issued payable to Doan.
B. On or about May 27, 2008 at approximately 4:32 p.m. Attorney 5 leh a
voice message for FORLANI, stating that Attomey 5 would be around the “east side tomorrow.”
Attomey 5 also said, “I would like to share something with you.”
C. On or about May 27, 2008 at approximately at 4:35 p.m., FORLANI and
Attorney 5 had a conversation in which Attorney 5 said, “Alter we talk, but after we talk. But
let’s wait andvsee, maybe no, maybe no reason to. I don’t want to alarm you,just bring
something to your attention that is all,"
D. On or about May 27, 2008 at approximately at 7:40 p.m., FORLANI spoke
to Dimora. Toward the end of the conversation, Dimora told FORLANI they needed to “get
together.” Dimora also indicated he had “big news.” FORLANI replied by telling Dimora,
“Somebody [Attorney 5] called me today. They got to see me tomorrow with this news. I said,
‘Do I need to get my affairs in order'7’ They said, ‘Yes.’ I said, ‘That’s f ----- g great.”’ Dimora
replied that he wanted to know if FORLANI’ S “news” was “big news” like Dimora’s “big
news.” FORLANI wondered if it was the “same thing.” Dimora told FORLANI, “Somebody
close, yeah, with the issue.” FORLANI replied, "Oh, no s--t. I wonder if it’s the same thing.”
Dimora told FORLANI, “'l`hat’s why I called, hook up with me this week will ya.” FORLANI
and Dimora agreed to meet the following day.
E, On or about May 28, 2008 at approximately 6:42 p.m., FORLANI and
Dimora had a conversation in which FORLANI said, “I gotta call you back. We got issues. I
can‘t talk right now.” Dimora responded, “We do? You gotta call me back?" Later FORLANI
asked, “Are you ok7” Dimora responded, “Yeah, I hope.”
F. On or about June 2, 2008 at approximately 10:26 a.m., BE49, an employee
of Doan asked Dimora, “You sent a check here. What for?” Dimora told BE49 that it was for
the “electrical work for the, um, overhead on my awning. I still didn’t get the invoice.
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MICHAEL said they were going to send an invoice so I said I’Il send some money towards the
materials.” BE49 replied, “Okay that’s a good. They’re asking me what it’s for. I said, I, I don’t
know what it’s for,”’ Dimora interrupted, “Oh, you know he [FORLANI] did, uh, you know. I
don’t know, it was towards the, the summer of last year.” BE49 said, “Oh, okay.” Dimora said,
“Yeah, so just I don’t know I told MICHAEL [FORLANI] about two weeks ago, I said, MIKE,
we gotta finish up this thing here, you know, um you don’t need no headaches. I don’t need no
headaches. You can discount it. There’s no problem with discounting it. Just give me an
invoice.” BE49 replied, “Theyjust called me andjust asked me, ‘Do I know what it was for.“’
Dimora said, “Yeah that‘s all. It’s just towards the materials.” BE49 told Dimora, “I know, but
with all this s--t going on, you don’t need no [UI]." Dimora agreed and said, “Right I just don’t
want nobody have no headaches.” BE49 replied, “Yeah” Dimora said, “And I know they’re,
you know, they’re it’s just not on the radar screen, so I figured this way I’ll just send it and then
they’ll prompt them to make an invoice.”
G. On or about June 2, 2008 at approximately 2:07 p.m., FORLANI and
Dimora had a conversation in which Dimora said, “I never got a chance to talk with you. I got to
tell you this news." FORLANI replied, “l know, I know." Dimora said, “No, but l got to tell you
details that you are missing.” FORLANI said, “I know! I know!" Dimora said, “No, you don’t
know totally," FORLANI said, “Oh, there‘s more?" Dimora said, “Yeah” FORLANI suggested
they get together for a private lunch. FORLANI said, “Let me see. I gotta check with my FBI
guy and see if they want me to wear a tap or not. If they don’t want to wear a wire because I
don’t want to f--k with my friends. You should be f ----- g nervous calling me, you know that,
don’t you?" Dimora replied, “I’m always nervous. I put my anti-block on though. I bought it at
Radio Shack.”
H, On or about June 3, 2008 at approximately 11:50 a.m_, Dimora and
FORLANI had a conversation in which FOR.LANl said, “Listen to me, Do yourself a favor and
listen to me.” Dimora said, “What’s going on?" FORLANI said, “We got f ----- g issues.”
Dimora said, “ _ , . out there. Thank God they are all centered around you and not me.”
FORLANI laughed and said, “We got issues and my issues are my friends’ issues. Let’s make
that perfectly fl ---- g clear.” Dimora said, “You always do." FORLANI laughed and Dimora
continued, “and avoid controversy around our necks we keep throwing our good friends with
controversy under the bus. Give the sharks something to feed on, baby," Later FORLANI said,
“I got f ----- g issues right now?" Dimora responded, “I know but what’s the difference. That’s
regular business with you, no?" FORLANI said, “Whoa, just remember my friends will be with
whatever my issues are.” DIMORA said, “Yeah, I know," FORLANI said, “My new song is
[FORLANI sings] singing like a canary. I’l| tell you anything you wanna f ----- g know just to
save my little hide."
I. On or about June 5, 2008 at approximately 8:47 p.m, FORLANI and
Russo had a conversation in which FORLANI said, “Do you understand we got issues`?” Russo
replied, “l am holier than now [sic], it’s everybody around me, but you know what, I don’t desert
my friends.”
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J. On or about June S, 2008 at approximately 9:12 p.m. FORLANI said to
Dimora, “We got issues, we gotta talk about these issues.” FORLAN1 and Dimora then
discussed going to the pool the next clay.
K. On or about June 9, 2008 at approximately 1:48 p.m., Dimora asked BE60,
“ls he on his phone today.” BE60 responded, “He’s got both of them.”
L. On or about June 16, 2008 at approximately 12:54 p.m., BE46 a Doan
employee, called Dimora. BE46 said, “He [FORLANI] told me to call you. I got this bill.”
BE46 asked, “What do you want me to do with it [the bill]?” Dimora asked, “The bill for what I
just Went over with BE60?” BE46 replied, “I think so.” Dimora told BE46 to mail the bill to his
house. BE46 told Dimora she just wanted to let him know the bill was coming. BE46 stated,
“He [FORLANI] wants you to know that we applied $325 to it already.” Dimora stated, “Yes,
that’s perfect. Exactly right. Yeah, just put whatever the balance is then. Yeah, just send it right
to my house.” BE46 stated, “He [FORLANI] just wanted to make sure you knew 1 was doing it.”
Dimora replied, “I have been asking him to do it for a couple of weeks and I just wanted to
remind [BE60]. BE46 said, “I know we’re behind.” Dimora said, “I know. That’s alright.
Everything, in the scheme of the whole operation it‘s a, I know a drop in the bucket." BE46
laughed and said, “I-Ie trusts you t1iat’s all.” Dimora responded, “Yeah that’s good, too.”
M. On or about June 16, 2008, Doan mailed an invoice dated May 5, 2008 to
Dimora for work Doan performed in 2007.
N. On or about July 3, 2008, Dimora and FORLANI had a conversation in
which Dimora said, “When are we going to get together because 1 got a lot of things to talk about
and can’t talk on the phone.” FORLANI said, "Well, obviously you don’t feel like 1`m an
important cog in your life anymore.” Dimora said, “I’m not sure who is important and who is not
but I think you are still up there." They discussed funding for the VA Development Project, and
then FORLANI said, “l know, you don’t seem to give a f--k.” Dimora responded, “I care, 1’m
trying to help you. I brought this, didn’t 1 bring BE51 to the table?" FORLANI said, “You had
other self motivations, who the f--k you think you’re talking to, 1 mean seriously how f ----- g
dumb is [Ul],” Dimora said, “And Attomey S.” FORLANI responded, “You’re not denying you
had other motivations are you?"
O, Ctn or about July 12, 2008 at approximately 12:24 p.m., Dimora and Lori
Dimora had a conversation in which Lori Dimora said, “Hey, I found the receipt for Doan for the
325. You want [their son] to bring it to you? I just made a copy.” Dimora told her to make a
copy of it and that he would “add it when 1 need it.” Dimora said, “Why is that, did we give him
two checks'?” They then discussed a check for $300 and a check for $325. Lori Dimora said,
“He [FORLANI] applied the 325 to a stupid thing, that I gave you a copy, replace the garage door
buttons, dimmers. His bill is all screwed up.” Dimora said, “What, you got me screwed up now,
1 thought the 325, what was the, what was the bill amount for the living room?" Lori Dimora
said, “Wait a, um, l’m 1’m on the regular phone. You want me to call you back?" Dimora
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responded, “No, it’s, it’s immaterial,” Dimora and Lori Dimora continued to discuss the Doan
bills and agreed to discuss it later.
P. On or about July 15, 2008 at approximately 2:01 p.m., Dimora called
BE60 at Doan. Dimora told her that he needed to get an invoice straightened out “on the
wording.” Dimora asked BE60 if she could do that, saying that he was out and would swing by
so she could “re-type it.” BE60 replied, “Probably BE46, let me just find out where it is in the
system and I’m sure I can do it, so just come see me." Dimora indicated he would bring the
invoice with him.
Q. On or about July 15, 2008 at approximately 2:37 p.m., Dimora and Gabor
had a conversation in which Dimora said he was “over by FORLANPS office." Dimora said he
had just been talking about Gabor and that FORLANI would talk to Gabor when FORLANI saw
Gabor “in person.”
R. On or about July 29, 2008 at approximately 5:14 p.m., the day after FBI
and IRS agents searched the home and office of Dimora and the office of FORLANI, FORLANI
and Dimora discussed items seized during the searches. Dimora indicated his attomey and he
were trying to “figure out” what the govemment was “looking for.” FORLANI said that he told
his attomey, “It‘s all about a friend. You’re a friend.” FORLANI later said, “That we agreed
upon that invoice, I thought maybe we probably ought to get that, taken care oi" Dimora said,
“Yeah” FORLANI said, “Alright," Dimora said, “We will.”
S. On or about July 29, 2008 at approximately 10:09 p.m., Dimora and Russo
discussed the search warrants. Russo asked if Dimora had spoken to FORLANI. Dimora said
that he had and that FORLANI had asked him to try and pay FORLANI’ S bill. Dimora said,
“I’m gonna pay it. I mean he just gave me the f ---- n’ thing.” Dimora said that he did not even
have the final inspection, adding that his pemiit expired on July 31st.
T. On or about July 30, 2008 at approximately 11:22 a.m., Dimora and Lori
Dimora had a conversation about their cellular telephones during which Lori Dimora reported on
her conversation with a Verizon worker at Circuit City and problems associated with transferring
their cellular service from Doan’s group plan to a family account. At one point, Dimora said he
would have BE49 contact Verizon.
U. On or about July 30, 2008 at approximately 12:33 p.m., Dimora, Lori
Dimora and their son had a conversation about transferring their cellular service from Doan’s
group plan to a family account, Dimora said he would call BE49 and cancel the four numbers on
the Doan account.
V. On or about July 31, 2008 at approximately 7:15 a.m., Dimora and BE49
had a conversation in which Dimora told BE49 that Lori Dimora had “opened another group"
and that BE49 could “shut, you can take those phones off now.” BE49 responded, “Yeah, well
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they’re gonna do it, so.” Later BE49 said, “Ok, um did you, um talk to MIKE at all? I got him
here if you‘d like,” FORLANI picked up the call and said, “Hey buddy, um, if you get a chance,
call me later. I’11 tell ya some things. I’d like to see you.” Dimora responded, “Yeah, I’m kinda
iigwing something’s on my cell,” FORLANI said, “Yeah, there’s some stuff, Jimmy, that’s
apparent, ya know. You know what I mean?" Dimora responded, “Yeah, yeah." FORLANI
said, “So, but hey, let me tell ya something buddy. I told everybody, ya know, as a dear friend
you, I`11 never forget that time you did nothing more than, um, ask [a named person] to give us a
chance to finish that job,” Dimora responded, “Yeah” FORLANI said, “That we`re capable of
doing that. And um, what the f--k did we get from the County other than what we had a low bid
on or some other little bu11s~-t.” Dimora replied, “I know, Iknow.” FORLANI said, “Um, ok,
buddy. Try to hang in there and call me later,”
W. On or about November 26, 2008, FORLANI told Dimora that FORLANI
needed to get an invoice to Dimora.
X. On or about December 31, 2008, FORLANI caused Doan to issue a check
in the amount of $7,578.27 payable to Business 53 which constituted reimbursement to Business
53 for funds FORLANI used, along with other funds provided by William Neiheiser, to purchase
and install an outdoor television and audio visual system for Dimora in 2006,
All in violation of Title 18, United States Code, Section 371,
The Grand Jury further charges:
COUNT 6
(Conspiracy to Commit Wire Fraud and Honest Services Wire Fraud, 18 U.S.C, §§ 1343 and
1346, in violation of 18 U.S.C. § 1349)
247. Paragraphs 1, 3, 6, 25 though 26, 44, 47, 52 through 55, 63, 65, 72, 82, 91, and
114 through 1 16 of this Indictment are re-alleged and incorporated by reference as if fully set
forth herein.
THE CONSPIRACY
248. From in or around Fall 2007 through in or around May 2008, the exact dates being
unknown to the Grand Jury, inthe Northem District of Ohio, Eastern Division and elsewhere,
Defendant MICHAEL FORLANI, James C. Dimora and William N. Neiheiser (the latter two not
charged herein), and others knovim and unknown to the Grand Jury, did knowingly and
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intentionally combine, conspire, confederate and agree with each other to commit an offense
against the United States; that is, to knowingly devise and intend to devise a scheme and artifice:
(1) to defraud and deprive Cuyahoga County and its citizens of their right to the honest
and faithful services of Dimora, through bribery and kickbacks and the concealment of
material information related thereto, and
(2) to defraud Cuyahoga County and to obtain money and property by means of materially
false and fraudulent pretenses, representations and promises,
and for the purpose of executing such scheme and artitice, to cause to be transmitted by means of
wire communication in interstate commerce, writings, signs, signals, pictures and sounds, in
violation of Title 18, United States Code, Sections |343 and 1346.
OBJECT OF THE CONSPIRACY
249. It was an object of the conspiracy that Dimora, with FORLANPS assistance,
secretly used his official position to enrich himself by soliciting and accepting a check for $3,600
6'om Neiheiser, in exchange for favorable official action, and that Neiheiser enriched himself and
Reliance Mechanical by secretly obtaining favorable official action for Reliance Mechanical
through comipt means.
MANNER AND MEANS
250. It was part of the conspiracy that:
- 251, Neiheiser gave and offered to give Dimora a check for $3,600 and in exchange,
Dimora provided favorable official action for the benefit of Reliance Mechanical.
252. Dimora attempted to deprive the County and certain contractors of money and
property and to give Reliance Mechanical a financial benefit by taking official action related to
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the award and administration of public business, based on Neiheiser offering and giving things of
value to Dimora and not based solely on merit.
253. FORLANI, Dimora and Neiheiser caused to be transmitted by means of wire
communication, in interstate commerce, writings, signs, signals, pictures, and sounds in
furtherance of t.hc conspiracy, including interstate wire communications sent and received in the
Northem District of Ohio.
254. The conspirators took steps to hide, conceal, and cover up their activity and the
nature and scope of Neiheiser’s dealings with Dimora.
255. At times, FORLANI served as an intermediary between Dimora and Neiheiser.
256. On or about Febniary l 1, 2008, Dimora and Neiheiser spoke about the JJC
project. Neiheiser mentioned that the County Commissioners threw out the low bid for the
structural steel portion ofthe JJC project based on technicalities. Neiheiser told Dimora that
when Reliance Mechanical has the low bid, “Don’t f-»k it up," because when Reliance
Mechanical wins the bid, “you and I can have fun for two years.” Dimora replied, "Good," and
that he hoped Reliance Mechanical was the low bid.
257. On or about February 16, 2008, Dimora purchased a Chris “Beanie” Wells
football jersey at the Comerstonc of Hope charity auction for approximately $3,600.
258. On or about February 17, 2008, Dimora spoke to FORLANI about the Beanie
Wells football jersey Dimora had purchased the previous evening at the Comerstone of Hope
fundraiser. Dimora complained that Neiheiser had convinced Dimora to purchase the jersey.
Dimora also indicated that Neiheiser agreed to pay half of the jersey’s price. Dimora, imitating
Neiheiser, said, “I [Neiheiser] got your back, l’m, I’n1 in for hal£” Dimora then questioned,
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“What are we [Dimora and Neiheiser] going to do, rotate it every week?" FORLANI responded
by telling Dimora to sell the jersey to Neiheiser.
259. On or about February 22, 2008, FORLANI`and Dimora discussed the JJC Project
bids, including Reliance Mechanical not being the low bidder by “a couple million dollars.”
Dimora said, “There’s no way we could do him if he’s that far ofi” FORLANI stated that he
was going to call Neiheiser. Dirnora told FORLANI, “Just make sure he [Neiheiser] remembers
about my 3,600 will you.” FORLANI responded, “That we’ll take care of May, maybe he threw
it in the bid.” They both laughed.
260. On or about Friday, Febmary 29, 2008, at approximately 2:19 p.m., Dimora and
FORLANI had a conversation about the JJ C Project bids in which Dimora said, “Yeah, there’s a
50/50 chance, just so you know, and I don’t want to get your hopes up, that the whole thing
might get thrown out.” FORLANI questioned the MBE for the winning bidder after which
Dimora said, “They think we could probably do a better job and get a better price.” FORLANT
asked, “And throw the whole thing out?" Dimora replied, “That‘s what they’re talking about,
50/50 shot.” FORLAN] asked, “Did you talk to PEl0 by the way?" Dimora replied, “He’s not in
town. He’s on vacation, He’ll be back Monday.” FORLANI replied, “The electrical is way
below the budget . . . alright we’ll see what happens.” Later in the conversation, Dimora said,
“Thank you for handling that other thing [the $3,600 Dimora referenced in the Febmary 22, 2008
call above] for me,” FORLANI said he would handle it as soon as he returned on Monday from
Florida.
26l. On or about Sunday, March 2, 2008, FORLANI told Dimora he had recently
exchanged calls with Neiheiser. FORLANI then said, “Your buddy [Neiheiser] is coming on an
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airplane tomorrow. He’s gonna call you and come see you.” FORLANI then clarified who he
was referring to and stated, "My friend in the mechanical business who erred in judgment and
now wants to fix his error in judgment.” Dimora asked how Neiheiser was going to “tix it.”
FORLANI replied, “He’s gonna tix it the only way he possibly can.” Dimora then asked if he
was supposed to meet with Neiheiser. FORLANI told Dimora, “He’ll come see you.” Dimora
and FORLANI then discussed Reliance Mechanical’s bid for work at the JJC. Dimora infomied
FORLANI that Reliance Mechanical was $2 million higher than the low bidder and inquired,
“How could you be two million off?" FORLANI agreed two million was a lot of money.
FORLANI, who was in Florida at the time of the telephone call, told Dimora he was staying in
Florida a couple of extra days, Dimora and FORLANI then discussed throwing out all the bids
for the JJC because the proposals submitted for the general trades portion were all significantly
over budget.
262, On or about March 3, 2008, FORLANI, from Florida, called Dimora in Ohio.
After initially discussing the weather in Florida, FORLANI asked Dimora, “Did that clown call
you today yet‘?” Dimora verified that FORLANI was referring to Neiheiser and told FORLANI
he had spoken with Neiheiser and they (Dimora and Neiheiser) were going to “hook up” the
following day. FORLANI then suggested that Neiheiser was “feeling the pressure” because
Reliance Mechanical was not the low bidder on the JJC. Dimora told FORLANI that he had
spoken to PEIO and “put the bug in his ear and told him to Lake a lock at, uh, at all the packages
and if Il1€l’€’S enough of them, ya know, I said to him, ‘Shouldn’t we just throw ’em out and keep
going?’” FORLANI agreed and later responded, “I wanna make sure Neiheiser takes care of
business. That’s all I care about." Dimora replied, “Tomorrow. Hopefully I’m gonna see him."
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263. On or about March 6, 2008 at approximately 5:08 p.m., Dimora told PEI 8 to get
Neiheiser on the phone or leave Neiheiser a message to call Dimora.
264. On or about March 6, 2008 at approximately 5:10 p.m., Dimora told PE27 to
retrieve documents related to the JJC from Dimora’s desk and bring them to Dimora, who was by
Frank Russo`s office.
265. On or about March 6, 2008 at approximately 5:11 p.m, Dimora told Neiheiser he
would be at Delmonico’s restaurant from 6:00 p.m. to 9:00 p.m. Neiheiser said he would stop by
and have a drink. Neiheiser said that he would pay for the Wells jersey if Dimora bought the
drink. Dimora replied, “Deal” They both laughed.
266. On or about March 6, 2008 at approximately 9:06 p.m., Dimora told FORLANI
that Kevin Kelley, Neiheiser, Neiheiser’s acquaintance and his acquaintance’s daughter, Michael
Gabor and others were with Dimora at Delmonico’s restaurant. Dimora told FORLANI, “Billy
[Neiheiser] just leh,” FORLANI asked, “Hey, did my guy [Neiheiser], when he stopped by there,
took care of business didn’t he?” Dimora replied, “Ijust told you he took care of more than me.”
FORLANI responded, “Beautiful.”
267. On or about March 6, 2008, Neiheiser gave a check to Dimora in the amount of
$3,600 made payable to Lori Dimora.
268. On or about March 7, 2008 at approximately 9:49 a.m., Dimora and BE44 had a
conversation about the JJ C contract in which BE44 said, “Man, why are you beating me down so
bad, man?” Dimora responded, “Uh. you mean in the meeting? _ , , Oh I just, I thought we were
going to throw everything out. See they told me originally, [PEIO] said, ‘We’re going to throw
everything out.‘ That‘s why I was kind of pissed off at them. They b---s--t me you know. They,
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they tell me what I wanna hear and then in the meeting with the other Commissioners, you know
they change the f ----- g plan. They already knew that I guess, You know I talked to [PEIO] on
Tuesday and he said, ‘Oh we’re gonna throw these f ----- g bids out, it’s too close to the ten
percent’ . . . So you know then they come in, you guys come in yesterday and then we kept, you
know, part ofthe bids.” BE44 replied, “I was trying to go, just so you know, I was trying to go
with everything, you know, with [a named person] and then try to get Doan in. You know I had,
I had, my little plan and then, you know, but I’m, I’m not in the decision making role _ _ . [PEIO]
was out of tovtm 'til Monday. I hadn’t even, he was, he was, he disappeared fiom the whole
world .... And then, and then showed back up so, ah,” Dimora said, “His usual b---s-~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
the prosecutor cause obviously they wanna give the bid to [a named company]. See, when they
wanna do something they say whatever they wanna say, you understand.” Later, BE44 said, “If
there is an issue man and, and you got any concerns, just call me. I mean I don’t, I don’t make
the decisions on the, ah, but, but I just want you to know this isn`t gonna be a, if, ifwe can get
the good, if we can get a same compliment of union guys, I mean, I, I see, tha.t’s what I was
excited about was when you look at this thing, I’d like to get FORLANI in there ii if he’s passes
if he’s got a better SBE plan than Business 47. But see that’s [PEIO’s] decision.” Dimora
replied, “Yeah, he already said no, he said [Business 47] had a better SBE I guess," Dimora and
BE44 went on to discuss the MBE component of the electrical bids, with BE44 stating that
“FORLANI is a really good yy” and that FORLANI’s MBE was “viable” BE44 said, “I just
hope we’re on, you know, again I, I, we’re gonna pull it back together, JIMMY. We’re not
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gonna, ah, and, and it’s all union and hopefully we can get a, you’ll get ah, good group in there in
the second go round.” Dimora said, “Yeal-i, let’s hope.”
269, On or about March 7, 2008, Dimora told FORLANI that Neiheiser wanted to take
Dimora on a trip to Atlantic City. Dimora asked FORLANI if he (Dimora) should go.
FORLAN1 questioned, “On Good Friday?" Dimora coniirmed they would travel on Good
Friday. FORLANI told Dimora to use his judgment and cautioned Dimora, as long as you go
with Neiheiser, you might as well “publish it on CNN.” FORLANI said, “Oh my God, JIMMY.
God love him he can’t shut his f---n’ mouth. I mean he’s brutal.” Dimora said that is why he is
l'lCfVOLlS.
270. On or about March 1 l, 2008, Dimora caused to be deposited into his joint
checking account, a check in the amount of $3,600 dravm on Neiheiser’s account and made
payable to Lori Dimora, who was Dimora`s wife.
271. On or about May 5, 2008, FORLANI told DIMORA, “Neiheiser said he might
wanna stop out tomorrow night. So . _ . maybe I’ll give you ajingle,” and then added, “That’s a
maior sponsor. That’s serious,” DIMORA responded, laughing, “I know,”
EXECUTION OF THE SCHEME
272. On or about the dates listed below, in the Northem District of Ohio and elsewhere
FORLANI, Dimora, Neiheiser and others, for the purpose of executing the above-described
scheme and artitice, caused to be transmitted by means of wire communication, in interstate
commerce, writings, signs, signals, pictures, and sounds, including the following:
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Date Description
February 17 2008 Telephone call from FORLANI in Florida to Dimora in the Nonhem
March 2 2008 Telephone call from FORLANI in Florida to Dimora in the Northem
District of Ohio
March 3 2008 Telephone call from FORLANI in Florida to Dimora in the Northem
Distnct of Ohio.
District of Ohio.
All in violation of Title 18, United States Code, Section 1349.
The Grand Jury further charges:
COUNT 7
(Hobbs Act, 18 U,S.C. §§ 1951 and 2)
273. Paragraphs 1 through 4, 6 through 7, 25 t.hough 26, 28 through 29, 44 through 45,
47, 52 through 55, 63, 65, 72 through 73, 82, 91, and 114 through 116 ofthis Indictment are re-
alleged and incorporated by reference as if fully set forth herein.
274. Beginning in or around Fall 2007 and continuing until in or around June 2008, the
exact dates being urtknown to the Grand Jury, in the Northem District of Ohio, Eastem Division
and elsewhere, James C. Dimora (not charged herein), aided and abetted by Defendant
MICHAEL FORLAN1, did knowingly obstruct, delay and affect and attempt to obstruct, delay
and affect commerce and the movement of articles and commodities in commerce by extortion;
that is, Dimora obtained property not due to him or his office, namely, a check for $3,600, from
William Neiheiser, with his consent, under color of official right.
A11 in violation ofTitle 18, United States Code, Section 1951 and 2.
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The Grand Jury further charges:
COUNT 8
(Hobbs Act Conspiracy, IS U.S.C. § 1951)
275. Paragraphs l, 2, 6 through l 1, 22 through 23, 25 through 30, 39, 46, 56, 62, and
76 through 77 of this Indictment are re-alleged and incorporated by reference as if fully set forth
herein.
THE CONSPIRACY
276, Beginning in or around July 2003 and continuing until in or around October 2009
the exact dates being unknown to the Grand Jury, in the Northem District of Ohio, Eastem
Division and elsewhere, Defendant MICHAEL FORLANI, Santina Klimkowski (not charged
herein), and others known and unknown to the Grand Jury, did knowingly and intentionally
combine, conspire, confederate and agree with each other to obstruct, delay and affect commerce
and the movement of articles and commodities in commerce by extortion; that is, Klimkowski
obtained property not due to her or her office, from Doan and Neteam, with their consent, under
color of official right.
OBJECTS OF THE CONSPIRACY
277. It was an object of the conspiracy that Klimkowski, with the assistance of
FORLANI, solicited and accepted things of value, for herself and her designees, from Doan and
Neteam, in return for Klimkowski using her County position and her MHCSD position to benefit
FORLANI, Doan, Solutions, and other businesses both as requested and as future opportunities
arose.
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278. It was u iurther object ofthe eonspiraeytliz1tDuan und Solutions would received
payment on work Kiimkowski iniiuonced in the course ofthe scheme.
279. It was ax further object ofthe conspiracy than FORIANI, Klimkowski and their co-
conspirzitnrs concealed and attempted to conceal the bribes described in this Count ofthe
indictment from law enforcement and the public.
MANNER AND MEANS
280. lt was part ofthe conspiracy that:
281. FORLANI solicited work at the MHCSD tor Donn and Solutions. much of which
was non-hid work under $l5.000 pcrjoh.
283. At times, Kliinkowski used her influence at the MHCSD in support of Doon and
Solutions obtaining work at the MHCSD, At other times, Kiimknwski used her influence over
other MHCSD ofiicials in support o|` Doari and Solutions and their work at Ml-ICSD.
284. At times, Klimkowski caused Krause, the MIICSD Treasurer to use his iniluenee
at the MHCSD. in support of Doon and Solutions obtaining and beginning work at the MIICSD.
285, Klimkowski asked FORLANI to perform work on her residence and at the
residence ofher relative.
286. From approximaltely May through August 2005, Dunn employees perlormed work
at Klimkou/ski’s residunee lor which Donn riicl not hill Klimkowski.
287. In 2005, Doon performed work at the residence ol" Klirnl<owski`s relative for
which Doan did not bill Klimkowski or her relative.
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288. From approximately September through December 2005, Neteam also performed
work at the residence of Klimkowski’s relative for which Neteam did not bill Klimkowski or her
relative,
289. From time to time FORLANI told Klimkowski that Krause was delaying MHCSD
payments to Doan or delaying the start date of projects. When FORLANI made such complaints,
Klimkowski relayed them to Krause.
290. On occasion, FORLANI requested assistance with matters relating to real estate
appraisals and real estate taxes for properties in which he had a financial interest and in which he
was considering investing. At times, FORLANI made similar requests of Klimkowski on behalf
of others. In response to such requests, Klimkowski assisted FORLANI by, among other things,
reviewing the taxes, establishing payment plans and walking FORLANI through the process of
filing a complaint.
291. Sometime in 2008, FORLANI asked Klimkowski to review his commercial
property values.
292. At times, FORLANI and Klimkowski communicated through intermediaries
including Russo.
Acts in furtl1erance of the conspiracy
293. On or about July I7, 2003, Klimkowski voted to approve an MHCSD resolution
declaring that a case of urgent necessity existed and authorizing Krause and Klimkowski to enter
into a contract with Doan to provide a tire alarm system at the MHCSD without advertisement or
competitive bidding.
294. On or about November 2, 2004, Klimkowski left a message for FORLANI with a
Dean employee stating the name of the contractor who was building a house for her relative and
asking FORLANI to call Klimkowski aher FORLANI had talked to the builder.
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295. On or about February 22, 2005, Klimkowski left a telephone message with a Doan
employee for FORLANI in which she indicated that MHSD Treasurer Chris Krause was back in
town, and that Doan’s proposals were over the $25,000 limit. She asked that Forlani call her
“ASAP” so that she could better direct Doan.
296. On or about July 12, 2005, Klimkowski approved a request of Krause and the
MHCSD Superintendent to enter into a $329,631 lease for an IP telephone system.
297. On or about July 14, 2005, Christopher Krause, representing the MHCSD, signed
the contract, which listed Doan as a business partner.
298. On or about July 15, 2005, a Doan employee took a telephone message for
FORLANI from an employee ofthe builder constructing the house for Klimkowski’s relative.
299. On or about July 20, 2005, Klimkowski len a telephone message for FORLANI
with a Doan employee inquiring about the status ofthe electrical work on her relative’s house.
300. On or about December 29, 2005, Neteam billed Doan $16,180.83 for work
performed on the residence of Klim1<owski’s relative.
301. On or about March 20, 2006, Doan wrote a check payable to Neteam on the
December 29, 2005 invoice.
302. On or about June 21, 2006, Klimkowski led a message with a Doon employee
asking FORLANI to call, indicating that she was reviewing the commercial property and needed
FORLANI’s input, and asking whether FORLANI had talked to a particular Doan employee
(who had performed work on her residence).
303. On or about July 19, 2006, Klimkowski left a message for FORLANI indicating
that she was coming to see him.
304. On or about August 1 l, 2006, Klimkowski left a message for FORLANI asking
for “direction” regarding a tax refund check for property in which F ORLANI had a financial
interest.
305. On or about August 15, 2006, Klimkowski left a second message for FORLANI
indicating she was still “holding” the check referenced above “per your directions.”
306. On frequent occasions from in or around 2002 to in or around September 2009,
the MHCSD paid Doan and Solutions for work they performed at the MHCSD.
All in violation of Title 18, United States Code, Section 1951.
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The Grand Jtu'y ftuther charges:
COUNT 9
(Hobbs Act, 18 U.S.C. §§ 1951 and 2)
307. Paragraphs 1, 2, 6 through 11, 22 through 23, 25 through 30, 39, 46, 56, 62, and
76 through 77 of this Indictment are re-alleged and incorporated by reference as if fully set forth
herein.
308. Beginning in or around July 2003 and continuing until in or arotmd October 2009,
the exact dates being unknown to the Grand Jury, in the Northem District of Ohio, Eastem
Division and elsewhere, Santina Klimkowski (not charged herein) aided and abetted by
Defendant MICHAEL FORLANI, and others known and unknown to the Grand Jury, did
knowingly obstruct, delay and affect commerce and the movement of articles and commodities in
commerce by extortion; that is, Klimkowski, with the assistance of FORLANI, and others,
obtained property not due to her or her offices, for herself and for her designees, from Neteam,
Doan, Vince Russo, and Vincore with their consent, under color of official right.
All in violation of Title 18, United States Code, Sections 1951 and 2.
The Grand Jury further charges:
COUNT 10
(Conspiracy to Commit Mail Fraud and Honest Services Mail Fraud, 18 U.S,C. §§ 1341 and
1346 in violation of18 U.S.C, § 1349)
309. Paragraphs 1, 6, 8, 10, 22 through 23, 25 through 28, 39, 46, 56, 62, and 76
through 77 of this Indictment are re-alleged and incorporated by reference as if fully set forth
herein.
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THE CONSPIRACY
310. From in or around July 2003 through in or around October 2009, the exact dates
being unknown to the Grand Jury, in the Northem District of Ohio, Eastem Division and
elsewhere, Defendant MICHAEL FORLANI, Santina Klimkowski (not charged herein), and
others known and unknown to the Grand Jury, did knowingly and intentionally combine,
conspire, confederate and agree with each other to commit an offense against the United States;
that is, to knowingly devise and intend to devise a scheme and artifice:
(1) to defraud and deprive the MHCSD and its taxpayers of their right to the honest and
faithful services of Klimkowski and other MHCSD officials, through bribery and
kickbacks and the concealment of material information related thereto,
(2) to defraud and deprive Cuyahoga County and its citizens of their right to
Klimkowski‘s honest and faithful services, through bribery and kickbacks and the
concealment of material infomation related thereto, and
(3) to defraud the MHCSD, and certain contractors and to obtain money and property by
means of materially false and fraudulent pretenses, representations and promises,
(4) to defraud Cuyahoga County, certain County property owners, and cenain prospective
property owners and to obtain money and property by means of materially false and
fraudulent pretenses, representations and promises,
and for the purpose of executing such scheme and artifice, to cause matters to be placed in any
post office and authorized depository for mail matter to be sent and delivered by the United
States Postal Service and private and commercial interstate carrier, in violation of Title 18,
United States Code, Sections 1341 and 1346.
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OBJECT OF THE CONSPIRACY
311. It was the object of the conspiracy that Klimkowski secretly used her official
positions to enrich herself by soliciting and accepting things of value from FORLANI, Doan and
Neteam, in exchange for favorable official action, and that F ORLANI enriched himself, Doan
and Solutions and their designees by secretly obtaining favorable official action for themselves
through corrupt means.
MANNER AND MEANS
312. It was part of the conspiracy that:
313. FORLANI, Doan and Neteam gave and offered to give Klimkowski and her
designees things of value including free home improvements for herself and for her relative and
in exchange, Klimkowski provided favorable official action and caused others to provide
favorable action for the benefit of FORLANI, Doan, Solutions and their designees both as
requested and as future opportunities arose.
314. Klimkowski attempted to deprive the MHCSD and certain contractors of money
and property and to give Doan and Solutions and their designees a financial benefit by taking
official action related to the award and administration of public business, based on FORLANI
and others offering and giving things of value to Klimkowski and her clesignees and not based
solely on merit.
315, Klimkowski attempted to deprive the Auditor’s Office and certain contractors of
money and propefry and to give FORLANI, Doan, and their designees a financial benefit by
taking official action related to the execution of Auditor’s Office business, based on FORLANI,
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Doan and Neteam offering and giving things of value to Klimkowski and her designees and not
based solely on merit.
316. FORLANI, Klimkowski and others used and caused to be used the United States
mail and private and commercial interstate carriers to send and deliver mail matter in furtherance
of the conspiracy, including mail matter sent and received in the Northem District of Ohio.
317. The conspiratms took steps to hide, conceal, and cover up their activity and the
nature and scope of Forlani’s dealings with Klimkowski.
Execution ofthe Scheme
318. From in or around July 2003 through in or around October 2009 in the Northern
District of Ohio and elsewhere, FORLANI, Klimkowski and others, for the purpose of executing
the above-described scheme and artiiice, caused documents to be delivered and sent through the
United States mails and by private and interstate carrier, including checks mailed by the MHCSD
from Maple Heights OH to Doan and Solutions in Bedford Heights OH.
319. In addition, on or about October 28, 2005, FORLANI caused Middle Atlantic in
Fairfield, NJ to ship via UPS Ground to Neteam in Bedford Heights OH supplies for use in the
residence of Klimkowski’s relative.
All in violation of Title 18, United States Code, Section 1349.
The Grand Jury further charges:
COUNT ll
(Tampering with a Witness, Victim or lnfonnant,
18 U.S.C. §§ l512(b)(2)(B) and (c)(2) and 2)
320, Paragraphs 1, 6 though 7, 10, 23, 25 through 27, 39, 46, 52, 56, 62, 76, 77, and
235 Of this Indictment are re-alleged and incorporated by reference as if fully set forth herein.
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The Obs1ruction
321. From on or about July 28, 2008 to on or about July 16, 2009, inthe Northem
District of Ohio, Eastem Division, Defendant MICHAEL FORLANI, aided and abetted by Frank
P. Russo and Doan, did (1) corruptly persuade another person and attempt to do so with intent to
cause and induce any person to alter and conceal an object with intent to impair the object’s
integrity and availability for use in an official proceeding and (2) corruptly otherwise obstruct,
influence and impede an official proceeding and attempted to do so.
322. lt was pan of the obstruction that FOKLANI tried to conceal from law
enforcement and the Grand Jury the fact that Klimkowski had solicited and accepted bribes,
kickbacks and gratuities from FORLANI, Doan and Neteam, and others.
323. lt was part of the obstruction that FORLANI asked Russo to tell Klimkowski to
get rid of a television she had received in approximately December 2007.
324. It was part ofthe obstruction that beginning in approximately March 2009, Doan
delivered and caused to be delivered two bills to Klimkowski for the work Doan had performed
on her residence free of charge in 2005. Although dated in March 2009, the invoice did not
indicate the date on which the work was performed.
325. It was part ofthe obstruction that FORLANI told Russo to let Klimkowski know
that if she issued a back-dated check for the invoice, FORLANI would reimburse her with cash.
All in violation of Title 18, United States Code, Sections l5l2(b)(2)(B) and (c)(2) and 2.
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The Grand Jury further charges:
COUNT 12
(Conspiracy to Commit Wire Fraud and Honest Services Wire Fraud,
18 U.S.C. §§ 1343 and 1346, in violation of 18 U,S.C,§ 1349)
326. Paragraphs 1, 2, 5, 6, 40, 55, and 80 of this Indictment are re-alleged and
incorporated by reference as if fully set forth herein.
General Allegations
327, Beginning in approximately 2002, Calabrese represented the PCSD.
328. During the period ofthe conspiracy, Business 54 subcontracted work at the PCSD
to Doan.
THE CONSPIRACY
329, From in or around 2001 through on or about July 28, 2008, the exact dates being
unknown to the Grand Jury, in the Northem District of Ohio, Eastem Division and elsewhere,
Defendants MICHAEL FORLANI and JAMES C. DIMORA, Anthony O. Calabrese, III (not
charged herein), John Kevin Kelley (not charged herein), and others knoum and unknown to the
Grand Jury, dicl knowingly and intentionally combine, conspire, confederate and agree with each
other to commit offenses against the United States; that is, to knowingly devise and intend to
devise a scheme and artitice:
(1) to defraud and deprive the PCSD, and the Cities of Parma, Parma Heights, and Seven
Hills and their citizens, of their right to the honest and faithful services of Kelley, through
bribery and kickbacks and the concealment of material information related thereto, both
as requested and as future opportunities arose, and
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(2) to defraud the PCSD and certain contractors and to obtain money and property by
means of materially false and fraudulent pretenses, representations and promises,
and for the purpose of executing such scheme and artitice, to cause to be transmitted by means of
wire communication in interstate commerce, writings, signs, signals, pictures and sounds, in
violation of Title 18, United States Code, Sections 1343 and 1346.
OBJECT OF THE CONSPIRACY
330. It was the object of the conspiracy that Kelley, aided and abetted by DIMORA,
secretly used his official position on the PCSD Board to enrich himself, his campaign,
FOR.LANI, Doan, Calabrese, Law Firm 1, their clients, and their designees, by soliciting and
accepting gifis, payments, and other things of value from Calabrese, FORLANI and others, in
exchange for favorable official action, and that FORLANI, Doan, Calabrese, Law Firm l, their
clients and their designees, enriched themselves by secretly obtaining favorable official action
through cormpt means.
MANNER AND MEANS
331. It was part of the conspiracy that:
332. Calabrese asked Kelley to use his official position to influence PCSD business to
benefit FORLANI, Doan, Calabrese, Law Firm l, their clients and designees.
333. Kelley used his official position to award PCSD business both directly, and
through sub-contracts, including Doan’s subcontracts with Business 54, to Doan, both as
requested and as future opportunities arose.
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334. Kelley used his official position to administer PCSD business favorably to
FORLANI and Doan, Law Firm l and Ca|abrese’s clients, both as requested and as future
opportunities arose.
335. Calabrese and FORLANI offered and gave to Kelley gifts, payments, and other
things of value, and Kelley solicited and accepted gifts, payments, and other things of value from
FORLANI, Calabrese, and others. The things of value included campaign contributions, cash,
tickets, and meals.
336. DIMORA assisted Kelley in obtaining funds for Kelley’s campaign from
FORLANI via the Cuyahoga County Democratic Party.
33 7, At times, Calabrese directly provided things of value to Kelley, At other times,
Calabrese served as an intemiediary between Kelley and FORLANI and others seeking favorable
official action from Kelley and the PCSD,
338. On occasion, when Calabrese served as a conduit, Calabrese used code words to
reveal to-Kelley the source ofthe thing of value that Calabrese was giving to Kelley.
339. Kelley attempted to deprive the PCSD and certain contractors of money and
property and to give Doan, Business 54 and Calabrese and his clients a financial benefit by taking
official action related to the award and administration of public business, based on FORLANI,
Calabrese and others offering and giving things of value to Kelley and his designees and not
based solely on merit.
340. FORLANI, Dimora, Calabrese, and Kelley transmitted and caused to be
transmitted by means of Wire communications, in interstate commerce, writings, signs, signals,
pictures and sound sent and received in the Northem District of Ohio.
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341. The eonspirators look steps to hide. ennceal, and cover up their activity andthe
nature and scope nf Ca1abrese`s and FORLANVS dealings with Kelley.
EXECUTION OF THE SCl'llil\/lli
342. On or about the dates listed below, in the Northern District of Ohio and elsewhere
FORLANI, DIMORA, Calabrese, Kelley, and other conspirators for the purpnse rifexceuting the
above-cleseribecl scheme and urti lice, caused to be transmitted by means of wire communication,
in interstate ccntineree. writings, signs. signals, pictures, and sounds, including the lbllowing:
Augus130, 2005 lnvnice and related documents emailed lrum Dean in Bedford Heights
O1-1 to Business 54 in Wisconsin lor work Dean perlbrmed at PCSU
lunc 70 2007 ln\ nice and related documents ciriailed lrom Doan in Bcdlurd Heights
OH to Business 34 in Wisconsin lor »\orl\ Dean pcitortncd at PLbl_)
Jul) 24 7007 1n\/nice and related documents cniailcd from Dean in Bedford Heifilits
» ) _I ` < . - _\ ~ ` » i ` » 'D
OH to Business 54 in Wisconsin lbr work Donn performed at PCSD.
Allin violation o1`Tille 18, United States Code. Section 1349.
The Grand .luxy lurther charges:
Count I3
(Conspiracy to Commit Bribery Concerning Programs Receiving Federal Funds,
18 U.S.C, § 371)
343. Paragraphs 1, 6, 12, 14, I6, 18, 23, 35, and 57 of this Indictment are re-alleged
and incorporated by reference as if fully set lbrth herein.
GENERAL ALLEGATIONS
344, At all times material to this Count ofthe Indictment:
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345. The legislative powers ofthe City of Cleveland were vested in the Cleveland City
Council.
346, Veterans Development was engaged in a development project in the City of
Cleveland valued at approximately $120 million in 2006 and known as the VA Development
Project.
347. The City of Cleveland was a government agency as that term is defined in Title
18, United States Code, Section 666(d)(2). The City received benefits in excess ot" $10,000
during the years April 1, 2005 through March 31, 2006, and April 1, 2006 through March 31,
2007, and April 1, 2007 through March 31, 2008 under a Federal program involving a grant,
contract, subsidy, loan, guarantee, insurance and other form of Federal assistance.
, 348, Pierce Scott was an agent ofthe City ofCleveland as defined in Title 18, Section
666(d)(l ), United States Code.
THE CONSPIRACY
349. From on or about August 2005 and continuing through on or about July 28, 2008,
the exact dates being unknown to the Grand Jury, in the Northern District of Ohio, Eastern
Division and elsewhere, Defendant MICHAEL FORLANI, Sabra Pierce Scott (not charged
herein), and and others known and unknovim to the Grand Jury, did knowingly and intentionally
combine, conspire, confederate and agree with each other to commit an offense against the
United States, that is, bribery conceming programs receiving federal funds, in violation of Title
18, United States Code, Sections 666(a)(1)(B) and (a)(2).
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OBJECTS OF THE CONSPIRACY
350. It was an object ofthe conspiracy that Pierce Scott corruptly solicited, demanded
and accepted things of va1ue for the benefit of any person from FORLANI and Doan, and
FORLANI, acting with the intent that Pierce Scott be influenced and rewarded in connection
with any business, transaction and series of transactions ofthe City of Cleveland valued at
$5,000 or more in each ofthe years April 1, 2005 through March 31, 2006, April 1, 2006 through
March 31, 2007, and April 1, 2007 through March 31, 2008; that is, Cleveland City Council
legislation and the City of Cleveland`s promotion of the VA Development Project, both as
requested and as future opportunities arose. The things of value included approximately $2,000
in cash, and ajob for Pierce Scott’s son at Doan.
351. It was a further object ofthe conspiracy that FORLANI corruptly gave, offered
and agreed to give to Pierce Scott the above-referenced things of value, acting with the intent to
influence and reward Pierce Scott in connection with the business, transaction and series of
transactions alleged above.
MANNER AND MEANS
352. It was part ofthe conspiracy that Pierce Scott used her position as a member of
Cleveland City Council to solicit and accept things of value from FORLANI and Doan, knowing
that FORLANI wanted Pierce Scott’s support for the VA Development Project in the City of
Cleveland.
353. It was a further part ofthe conspiracy that Pierce Scott supported the VA
Development Project by, among other things, (1) meeting with FORLANI and his colleagues, (2)
meeting with property owners in the area to discuss the VA Development Project, (3) guiding
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legislation in support of the VA Development Project through Cleveland City Council and its
committees, (4) enlisting support for the VA Development Project with her fellow Council
members, (5) supporting the VA Development Project at public meetings, and in the community
and (6) assisting FORLANI obtain funding for the VA Development Project.
354. It was a further part of the conspiracy that in or around April 2005, Pierce Scott
discussed her re-election campaign finance goals with FORLANI. In response, FORLANI raised
funds for Pierce Scott’s campaign.
OVERT ACTS
355. In furtherance ofthe conspiracy, and to effect the objects thereof, Pierce Scott,
FORLANI and others committed the following overt acts in the Nordiem District of Ohio and
elsewhere:
A. In or around July 2005, FORLANI and Pierce Scott had a conversation in
which FORLANI told Pierce Scott he was looking for minority employees to work on a project
Doan had been contracted to perform. Pierce Scott asked FORLANI to hire her son. FORLANI
agreed.
B. On or about August 17, 2005, Pierce Scott sponsored legislation in the
Cleveland City Council for an ordinance to sell land owned by the City of Cleveland for use in
the VA Development Project.
C. In or around August 2005, FORLANI and Pierce Scott had a conversation
in which Pierce Scott asked FORLANI if her son could workin Doan’s office due to a non work-
related injury that would make it difficult for her son to work on the project for which FORLANI
had hired him. FORLANI agreed.
D. On or about November 20, 2006, Pierce Scott spoke at a meeting ofthe
Committee on Finance ofthe Cleveland City Council, attended by FORLANI, and in response to
her colleague questioning the level of minority participation on the VA Development Project,
Pierce Scott stated, “[H]ow dare you use your own approach to question a project in my ward
Without having a discussion with me first. You are out of line. And you will not continue to
come to this table and get in other people’s ward business. I do not appreciate it and if you’ve
got a problem with this project you should have said something to me. You have no right to sit
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here and question them. You don’t understand what it takes to get this done. And yott’re wrong.
ldon`t appreciate it. And you’re not going to sit hcrc and build a reputation otfofme, ldon`t
mess with your proieets and t,lon’t you mess with mine."
E. On or about November 22, 2006, Pierce Scott co-sponsored legislation in
the Cleveland City Council tor an ordinance authori7ing real estate eonveyances forthe purpose
ofetttering into the chain-of-title prior to the adoption oftax increment financing legislation and
authorizing an agreement between the City o1`Cleve1and and Veterans Development, LLC, all tor
the benelit ofthe V/\ Development Project.
F. On or about November 29, 2006, Pierce Scott co-sponsored legislation in
the Cleveland City Council for an ordinance providing, among other things, for approval ofa Tax
Increment Financing /\gi‘eement forthe benelit ol` the VA Development Project.
G. On or about March 12, 2007, Pierce Scott asked FORLAN1 for
approximately $2,000.
1-1. Later in the day, on or fil‘70l.\1i\/l£1l‘Cl‘t 12. 2007, FORLANI gave Pierce Scott
an envelope containing approximately $2.000 in cash.
I. On or about April 17, 2007, Piercc Scott scheduled a meeting with a
property owner aflectecl by thc VA Development Project.
J. On or about June 20, 2007, Pierce Scott eo-sponsored additional
legislation in the Cleveland City Cotlneil for an ordinance providing. among other things, for
approval ofa Tax Increment Financing Agreement for the beneiit ofthe V /\ 1')e\'elopment
Project.
K. On or about November 6, 2007, Pierce Scott attended a Cleve1and~
Cuyahoga County Port Authority meeting and spoke in supnott oftinancing tor the VA
Development Project.
All in violation o1"1`it1e 18. United States Code, Section 371.
The Grand Jury further charges:
COUNT I4
(ljribery Concerning Programs Receiving Federal Funds, l8
U.S,C, §§ 666(a)(2) and 2).
356, Paragraphs 1.6, 12, 14. 16, 18, 23, 35. 57. 345, 346, and 348 ofthis Indictment
are re»al1eged and incorporated by relbrenee as il`ttt1ly set Forth herein.
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357. The City of Cleveland received bcnctits in excess o1`$10,000 during the year
November 7, 2006 through November 6, 2007, under n Federal program involving at grant.
contract, subsidy, loan. guarantee. insurance and other form of Federal assistance.
The Scheme
358, Beginning on or about November 7, 2006 and continuing until on or about
November 6, 2007, the exact dates being unknown to the Grand Jury, in the Nnrtltem District of
Ohio, Eastern Division and elsewhere, Defendaitt MICHAEL FORLAN1 and others knovm and
unknown to the Grand Jury, did corruptly give, offer, and agree to give anything ofvalue to any
person, with intent tn influence and reward Sabre Pierce Scott, an agent ofthe City ot`C1eveland,
in connection with any business, transaction and series of transactions ofthe City ofClcveland
involving any thing ol' value oI`$5,000 or more; namely, Cleveland City Council legislation and
the City ofC1eve1and’s promotion ofthe VA Development Project.
All in violation of'l`it1e 18, United States Code, Sections 666(a)(2) and 2.
The Grand Jury further charges;
Count 15
(Conspiracy to Commit Mail Fraud and Honest Services Mail Fraud,
18 U.S.C. §§ 1341 and 1346 and Wire 1’rau1.l and Honest Services Wire Fraud. 18 1J.S.C`.
§§ 1343 :incl 1346, in violation oI'18 U.S.C. § 1349)
359. Paragraphs 1, 6, 12, 14, 16, 18, 23, 35, 57, and 345 ot`this indictment are re-
alleged and incorporated by reference as if fully set forth herein.
T1113 CONSPIRACY
360. From in or around. August 2005 and continuing through on or about July 28, 2008
the exact dates being unknown to the Grand Jury, in the Northern District of Ohio, Eastern
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Division and elsewhere, Defendant MICHAEL FORLANI and Sabra Pierce Scott (not charged
herein), and others known and unknown to the Grand Jury, did knovtnngly and intentionally
combine, conspire, confederate and agree with each other to commit offenses against the United
States; that is, to knowingly devise and intend to devise a scheme and artitice:
(I) to defraud and deprive the City of Cleveland and its citizens, of their right to the
honest and faithful services of Pierce Scott, through bribery and kickbacks and the
concealment of material infomation related thereto, both as requested and as future
opportunities arose, and
(2) to defraud the City of Cleveland, the Port Authority and the United States Department
of Veterans Affairs, certain contractors and certain funding applicants and to obtain
money and property by means of materially false and fraudulent pretenses,
representations and promises,
and for the purpose of executing such scheme and artifice, to (I) cause matters to be placed in
any post office and authorized depository for mail matter to be sent and delivered by the United
States Postal Sen/ice and private and commercial interstate carrier, in violation of Title 18,
United States Code, Sections 1341 and 1346 and (2) to cause to be transmitted by means of wire
communication in interstate commerce, writings, signs, signals, pictures and sounds, in violation
ofTitle 18, United States Code, Sections |343 and |346.
OBJECT OF THE CONSPIRACY
361. It was the object of the conspiracy that Pierce Scott, secretly used her official
position to enrich herseli her campaign, FORLANI, and Veterans Development, LLC, and their
designees by soliciting and accepting payments, and other things of value from FORLANI and
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Donn, in exchange for favorable official action, and that FORLANI and Veterans Development
enriched themselves and their designees by secretly obtaining favorable oflicial action lhr
themselves through corrupt means.
M/\NNlER AND MEANS
362. lt was part ofthe conspiracy that:
363. Pierce Scott used her ollieial position to inlluence the Cleveland City Council,
properly owners in the City ol`Clevcland, and the Port Authority lor the beneht of FORL/\Nl and
Vctcrztns Development, LLC, both as requested and as future opportunities arose.
364. FORLANI and Donn offered and gave to Pierce Scott gids, payments, and other
things of value, and Pierce Scott solicited and accepted gifts, payments, and other things ot` vulne
from FORLANI and Donn. `l`hc things of value included campaign contributions. cash, and ajoh
for Pierce Scot\`s son.
365. Pierce Scott attempted to deprive the Ciry ofCleveltind, thc Port Authority and the
United States Department of Veterans Aftbirs and certain contractors and ttinding applicants of
money and property and to give Veterans Development, Veteran`s Development Domiciliary
LLC. Wade Park Retail. LLC, Fedco, Deep Three and their dcsignecs at linancizil benefit by
taking ollicial action rclzited to thc award and adnnnistration of public business, based on
FORLANI and others offering and giving things ofvttlue to Pierce Scott and her designces and
not based solely on merit.
366. The eunspiretors took steps to hide, conceal, and cover up their activity and the
nature and scope of FORIANVS dealings with Pierce Scott.
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367. l"O1{LAl\l and Pierce Scott and others used and caused to be used the United
States mail and private and comniercial interstate carriers to send and deliver mail matter in
furtherance ofthe conspiracy, including mail matter sent and received in the Northern District of
Ohio.
368. FORLANI and Pierce Scott and others caused to be transmitted by means of wire
communication, in interstate commerce, writings, signs, signals, pictures. and sounds and used
and caused to be used the United States mail and private and commercial interstate carriers to
send and deliver mail matter, all in furtherance ul`the conspiracy, including mail matter and
interstate wire communications sent and received in thc Northern District of Ohio,
369. On or about the dates listed below, in the Nnrrhem District of Ohio and elsewhere
FORLANI and Pierce Scott, for the purpose of executing the above-described scheme and
artince, caused documents to be delivered and sent through the United States mails and by
private and interstate carrier, and caused to be transmitted by means of wire communication, in
Date
December 18
7006
May 7 7007
July J, 2007
July 5, 2007
.luly 5, 2007
Description
llealth Insurance l orms lor Pierce bcott s son mailed trom Dean in
Bcdlord Heights Oli to Anthem Blue Cross and Blue Shield in ’\tlanta
Letter hom FORLAN1 IH Bedtotd llttuhts 01| to MW in Washington
D C re Construction Budget Adjustments
An e-mail from RM in Cleveland Oli to A/\ in Colorado regarding the
North Exit lrom the VA parking structure.
Park Extension it liast Boulevard.
An e-mail from AA in Colorado to CK in Cleveland O11 re: Rockefeller
Park Extension at Fast Boulevard.
interstate commerce, writings, signs, signals, pictures, and sounds, including the following:
_
An c-mail Horn CK in Cleveland OH to AA in Colorado re: Rockefeller
.
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All in violation of Title 18, United States Code, Section 1349.
The Grand Jury further charges:
COUNT 16
(Hobbs Act Conspiracy, 18 U.S,C. § 1951)
370. Paragraphs 1, 6 through 7, 12, 14, 16, 18, 23, 35 through 36, 57, and 345 ofthis
Indictment are re-alleged and incorporated by reference as if fully set forth herein.
CONSPIRACY
371. Beginning in or around August 2005 and continuing until in or around July 28,
2008, the exact dates being unknown to the Grand Jury, in the Northem District of Ohio, Eastem
Division and elsewhere, Defendant MICHAEL FORLANI, Sabra Pierce Scott (not charged
herein), and others known and unknown to the Grand Jury, did knowingly and intentionally
combine, conspire, confederate and agree with each other to obstruct, delay and affect commerce
and the movement of articles and commodities in commerce by extortion; that is, Pierce Scott,
with the assistance of FORLANI, obtained property not due to her or her office, namely, cash,
campaign contributions and ajob for her son, from Doan, and campaign contributions from Doan
employees with their consent, under color of official right.
All in violation of Title 18, United States Code, Sections 1951 and 2.
The Grand Jury further charges:
Count 17
(Conspiracy to Commit Bribery Concerning Programs Receiving Federal Funds,
18 U.S.C, § 371)
372. Paragraphs 1, 6, 41, and 58 of this Indictment are re-alleged and incorporated by
reference as if fully set forth herein.
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General Allegations
373, In every calendar year from 2006 through 2008, Metro, a government agency as
defined by Title 18, United States Code, Section 666(d)(2) and Ohio Revised Code, Section
339.01 et seq., received benefits in excess of $10,000 Luider a Federal program involving a grant
contract, subsidy, loan, guarantee, instuance and other form of Federal assistance.
374, John Carrol] was an agent of Metro as defined in Title 18, Section 666(d)(l),
United States Code.
375. Carroll had the authority to approve Metro purchase orders without sealed
competitive bids or Metro board approval up to certain limits.
376. Metro required that contracts over $25,000 be approved by the Metro Board of
Trustees following a review of sealed competitive bids. ln weekly review meetings with the
Metro Chief Executive Officer, Carroll made recommendations on which bids the board should
accept. Generally, the board followed Carroll’s recommendations.
377. Competitively bid contracts contained contingency allowances of approximately
5% to 12% of the total contract budget to cover unexpected costs that might arise under a
contract. When a condition was discovered which could lead to a contingency billing, a field
directive to address the condition was submitted to the project engineers and architects.
378. Carroll had the authority to approve contingency billing if it fell within the
contingency allowances. Contractors requested distribution of contingency allowances on
“payment applications.”
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379. Carroll had the authority to approve or reject the recommendation of engineers
and architects on change orders. Carroll usually followed the recommendations of the engineers
and architects.
380. On occasion, Carroll lobbied engineers and architects on behalf of favored
contractors to facilitate the processing of change orders.
381. Canoll had the power to expedite or delay Metro payments to contractors.
382. Carroll had the power to allow additional time for contractors to complete
projects, and to assess (or not assess) liquidated damages when contracts were not completed on
time.
383. At times, FORLANI used Neiheiser as an intennediary to communicate with
Carroll.
384. At times, Carroll used Doan employees as intermediaries to communicate with
FORLANI.
385. From approximately 2006 through 2008, Metro entered into approximately 26
construction contracts, subcontracts and purchase orders with Doan valued at a total of
approximately $9,551,976
386. In each ofthe calendar years 2006 through 2008, the value of the Metro
contractors, subcontracts and purchase orders exceeded $5,000. '
THE CONSPIRACY
387. From in or around 2006 and continuing through in or about mid~2008, the exact
dates being unknown to the Grand Jury, in the Northem District of Ohio, Eastem Division and
elsewhere, Defendant MICHAEL FORLANI, John Carroll (not charged herein) and others
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known and unknown to the Grand Jury, did knowingly and intentionally combine, conspire,
confederate and agree with each other to commit an offense against the United States, that is,
bribery concerning programs receiving federal funds, in violation of Title 18, United States Code
Sections 666(a)(1)(B) and (a)(2).
OBJECTS OF THE CONSPIRACY
388, It was an object ofthe conspiracy that Carroll cormptly solicited, demanded and
accepted things of value for the benefit of any person from FORLANI and Doan, and FORLANI
and Doan acting with the intent that Carroll be influenced and rewarded in connection with any
business, transaction and series of transactions of Metro valued at $5,000 or more in each of the
calendar years 2006 through 2008; that is, Metro contracts, subcontracts and purchase orders,
both as requested and as future opportunities arose. The things of value included loge seats for
concerts, sporting event tickets, and approximately two to three golf outings per year at a private
country club in 2006 and 2007, meals, and drinks. It was a further object of the conspiracy that
FORLANI and Doan corruptly gave, offered and agreed to give to Carroll the above-referenced
things of value, acting with the intent to influence and reward Carroll in connection with the
business, transaction and series of transactions alleged above.
MANNER AND MEANS
389. It was part ofthe conspiracy that Carroll used his position at Metro to solicit and
accept things of value from FORLANI and Doan, knowing that FORLANI wanted Carroll’s
support for Doan obtaining and administering work at Metro.
390, It was a further part ofthe conspiracy that Carroll supported Doan’s efforts to
obtain work at Metro by, among other things, advising Metro contractors to use Doan as a
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subcontractor, and suggesting that FORLANI divide a proposal into two smaller ones to avoid
competitive bidding, and performing other official acts for tl1e benefit of Doan and FORLANI.
OVERT ACTS
391. In furtherance of the conspiracy, and to effect the objects thereof, FORLANI,
Carroll and others committed the following overt acts in the Northern District of Ohio and
elsewhere:
A. On or about March 13, 2006, FORLANPS assistant told FORLANI that
she would be calling Carroll when tickets for the March 29th Dallas game were ready to be
picked up.
B. On or about April 4, 2006, Carroll sent an email to a Doan employee
stating that he wanted to break up the $28,000 lighting proposal into two proposals, each to be
under $25,000 and asking Doa|1 to resubmit the proposal.
C. On or about July 6, 2006, Carroll leh a message for FORLANI indicating
that he wanted four tickets for Roger Waters on September 27th, wanted FORLANI to go with
him, and also wanted a tee time.
D. On or about August 17, 2006, Carroll leh a message for FORLANI re:
“letter guaranteeing contract. But if you come back to him with any change orders, there will be
a legal issue (there will be no change orders issued).”
E. On or about February 9, 2007, Carroll left a message for FORLANI
thanking him for the Lakers tickets, asking for four tickets to Rod Stewart, and stating that
FORLANI had mentioned a loge but the tickets would be ok.
F. On or about March 16, 2007, Carroll leh a message for FORLANI stating
that he had heard from Neiheiser that FORLANI was mad at him but that Carroll had not done
what FORLANI thought Carroll had done.
G. On or about March 23, 2007, a Doan employee left a message for
FORLANI indicating that he had met with Carroll that day, and that “we will be getting some
money.”
H. On or about April 27, 2007, Carroll told FORLANI’S assistant he wanted
to play golfand have dinner on May Sth at Signature of Solon.
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I. On or about May 21, 2007, Carroll left a message for FORLANI asking for
tickets to two concerts, The Police on July 16th and Genesis on September 29th.
J. On or about May 24, 2007, Carroll sent an email to Greco responding to a
complaint from a Doan employee.
K. On or about July 6, 2007, Carroll leli a message for FORLANI requesting
tickets for the Police conceit.
L. On or about July 12, 2007, Carroll left a message for FORLANI requesting
tickets for the Police concert.
M. On or about July 13, 2007, Carroll left a message for FORLANI requesting
tickets for the Police concert.
N. On or about August 9, 2007, Carroll left a message for FORLANI asking
whether he could “do a foursome Saturday at Signature” of Solon around 1:00 p.m., and whether
he could have some Cleveland Indians baseball tickets.
O. On or about August 29, 2007, Carroll left a message for FORLANI
requesting six Doan polo shirts to give away as door prizes, and indicating that Carroll wanted to
play golf again.
P. On or about March 21, 2008, FORLANI authorized BE60 to give Carroll
four tickets to an Avril Lavigne concert.
Q. On or about April 16, 2008 at approximately 2:41 p.m., FORLANI asked
BE60 if she had heard from John Carroll. FORLANI said, “I want that f ----- g meeting, That guy
ain’t f ----- g ducking me. I want that f ----- g meeting." BE60 replied, “I-le’s giving you the pitch."
FORLANI questioned whether Carroll was out of town. BE60 agreed to call Carroll again.
FORLANI said, “That guy will f---»-g come see me .... or I’ll go see our f--»--g County
Commissioners and have a new f ----- g guy in charge of Metro .... I’m not f ----- g around, I want
to see that f -»-~- g guy.” BE60 replied, “’Kay.”
R. On or about April 23, 2008, FORLANI and Neiheiser had a conversation
in which FORLANI said, “Is our friend [Carroll] from last night gorma go try to do the right
thing and at least get me the money l’m rightfully entitled to?" Neiheiser responded, “Oh, the
$70,000?" FORLANI replied, “Yeah." Neiheiser said, “Yeah, he said he’d get it.” FORLANI
said, “I mean, I’d hate to have to have a complete shakeup of, of uh, Metro’s, like, Board."
Neiheiser said, “Yeah, I know, he goes, alter you leh, he goes, 'Shooo, I thought he [Forlani] was
gonna ask me [Carroll] for $2,300. l [Carroll] didn’t know what to do. I [Carroll] can find 70.”’
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Case: 1:11-cr-00491-JG Doc #2 1 Filed: 10/20/ll 84 ot 91. F’age|D #1 84
S. On or about April 29, 2008, at approximately 5:00 p.m., Carroll sent an
email to Thomas Greco stating that “MIKE [FORLANI] reduced his premium request from
$300,000 to $72,000. How about them apples?"
T. On or about April 29, 2008, in response to a change order request, Carroll
sent an email to BE60 re: Metro Geriatrics in which he stated, “Since speaking with MIKE
[FORLANI] I have found that [a Doan employee] has signed off the closeout of the Geriatrics
program. I did speak to MIKE [FORLANI] about handling this matter and will do so."
_ U. On or about April 30, 2008, Doan invoiced Metro for approximately
$71,977.
V. On or about May 8, 2008, FORLANI asked Neiheiser if Neiheiser could
get “your friend from that public hospital [Carroll] in your office today.”
W. On or about May 19, 2008, in response to an email from BE60 asking if
“status of premium time theoretically a direct result of additional change order work (i.e.,
$71,9l6.00)," Carroll sent an email to BE60 stating, “We will take care of by altemate means -
will speak with you off line. My problem is that [a Doan employee] signed off without the
$71,000. Talk with you soon.”
All in violation ofTitle 18, United States Code, Section 371.
The Grand Jury further charges:
Count 18
(Conspiracy to Commit Mail Fraud and Honest Services Mail Fraud,
18 U.S.C. §§ |341 and 1346 in violation ol`18 U.S.C.§ 1349)
392. Paragraphs 1, 6, 41, 58, and 375 through 385 of this Indictment are re-alleged and
incorporated by reference as if fully set forth herein.
THE CONSPIRACY
393. From in or around 2006 and continuing through in or about mid-2008, the exact
dates being unknown to the Grand Jury, in the Northern District of Ohio, Eastern Division and
elsewhere, Defendant MICHAEL FORLANI and John Carroll (not charged herein), and others
known and unknown to the Grand Jury, did knowingly and intentionally combine, conspire,
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confederate and agree with each other to commit offenses against the United States; that is, to
knowingly devise and intend to devise a scheme and artifice:
(1) to defraud and deprive the County and its citizens, and Metro of their right to the
honest and faithful services of Carroll, through bribery and kickbacks and the
concealment of material information related thereto, both as requested and as future
opportunities arose, and
(2) to defraud the County and Metro and certain contractors and to obtain money and
property by means of materially false and fraudulent pretenses, representations and
promises,
and for the purpose of executing such scheme and artifice, to cause matters to be placed in any
post office and authorized depository for mail matter to be sent and delivered by the United
States Postal Service and private and commercial interstate carrier, in violation of Title I8,
United States Code, Sections 1341 and 1346,
OBJECT OF THE CONSPIRACY
394. lt was the object of the conspiracy that Carroll secretly used his ofticial position to
enrich himself by soliciting and accepting payments, and other things of value, from FORLANI,
Doan and others, in exchange for favorable official action, a|1d that FORLANI and Doan
enriched themselves by secretly obtaining favorable official action for themselves through
corrupt means.
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Case: lzll-cr-00491-JG Doc #2 l Filed: 10/20/ll 86 of 91. F’age|D #1 86
MANNER AND MEANS
395. It was part ofthe conspiracy that:
396. Carroll used his official position to influence Metro for the benefit of FORLANI
and Doan both as requested and as future opportunities arose.
397. FORLANI and Doan offered and gave to Carroll gifts and other things ofvalue,
and Carroll solicited and accepted gifts and other things of value from FORLANI, Doan and
others. The things of value included loge seats for concerts, sporting event tickets, and
approximately two to three golf outings per year at a private country club in 2006 and 2007,
meals, and drinks.
398. Carroll attempted to deprive the County and Metro and certain contractors of
money and property and to give Doan and its designees a financial benefit by taking official
action related to the award and administration of public business, based on FORLANI and Doan
offering and giving things of value to Carroll and his designees and not based solely on merit.
399. The conspirators took steps to hide, conceal, and cover up their activity and the
nature and scope of FOR.LANI’S dealings with Carroll.
400. FORLANI, Carroll and others used and caused to be used the United States mail
and private and commercial interstate carriers to send and deliver mail matter in furtherance of
the conspiracy, including mail matter sent and received in the Northem District of Ohio. These
matters included Metro checks mailed to Doan and Doan invoices mailed to Metro throughout
the period ofthe conspiracy, including the following:
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Case: 1:11-cr-00491-JG Doe #2 1 Filed: 10/20/ll 87 of 91. F’age|D #1 87
Date
1 1/01/2006
12/20/2006
0 l/04/2007
01/30/2007
02/09/2007
02/22/2007
02/28/2007
Ol/16/2007
05/04/2007
10/26/2007
I 1/21/2007
11/29/2007
06/ 13/2008
10/08/2008
Description
Check from Metro in Cleveland OH to Doan in Bedford Heights OH
Check from Metro in Cleveland OH to Doan in Bedford Heights OH
Cheek from Metro in Cleveland OH to Doan in Bedford Heights OH
Check from Metro in.Cleveland OH to Doan in Bedford Heights OH
Check from Metro in Cleveland OH to Doan in Bedford Heights OH
Check from Metro in Cleveland OH to Doan in Bedford Heights OH
Check from Metro in Cleveland OH to Doan in Bedford Heights OH
Check from Metro in Cleveland OH to Doan in Bedford Heights Ol-I
Check from Metro in Cleveland OH to Doan in Bedford Heights OH
Check from Metro in Cleveland OH to Doan in Bedford Heights OH
Check from Metro in Cleveland OH to Doan in Bedford Heights OH
Check from Metro in Cleveland OH to Doan in Bedford Heights Ol-I
Check from Metro in Cleveland OH to Doan in Bedford Heights OH
Check from Metro in Cleveland OH to Doan in Bedford Heights OH
All in violation ofTitle 18 United States Code Section 1349
RACKETEERJNG FORFEITURE
401 The allegations contained in Count 1 of this Indictment are hereby repeated
re-alleged, and incorporated by reference herein as though fully set forth at length for the purpose
of alleging forfeiture pursuant to the provisions of Title 18, United States Code, Section |963
and Title 28, United States Code, Section 246l(c). Pursuant to Rule 32.2, Federal Rules of
Criminal Procedure, notice is hereby given to Defendant MICHAEL FORLANI that the United
States will seek forfeiture as part of any sentence in accordance with Title 18, United States
Code, Section 1963, in the event ofthe Defendanfs conviction under Count l of this Indictment
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As a result of the foregoing offense, Defendant MICHAEL FORLANI shall forfeit the following
property to the United States:
a,) Any interest Defendant MICHAEL FORLANI acquired or maintained in
violation of 18 U.S.C. § 1962;
b.) Any interest in, security cf, claim against, or property or contractual right
of any kind alfording a source of influence over, any enterprise which Defendant MICHAEL
FORLANI established, operated, controlled, conducted, or participated in the conduct of, in
violation of18 U.S,C. § 1962; and,
c.) Any property constituting, or derived from, any proceeds which Defendant
MICHAEL FORLANI obtained, directly or indirectly, from racketeering activity in violation of
18 U.S.C. § 1962.
402. The interests of Defendant MICHAEL FORLANI subject to forfeiture to the
United States pursuant to Title 18, United States Code, Sections 1963(a)(1), l963(a)(2), and
l963(a)(3), include, butare not limited to:
a.) Defendant MICHAEL FORLANVS interest in [either personal or through
any entity] the real property, buildings, and other improvements comprising the Cleveland/Wade
Park VA Development Project; more particularly described as: Cuyahoga County Parcel Number
107-25-001 (vacant land), Cuyahoga County Parcel Number 107-25-002 (multi-level parking
garage), Cuyahoga County Parcel Number lO7-25-003 (domiciliary), Cuyahoga County Parcel
Number 107-25<004 (vacant land), and Cuyahoga County Parcel Number 107-25-0l l
(administrative office building).
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b.) Det`endant MICHAEL FORLANFS interest in [either personal or through
any entity] the real property, building(s), and other improvements located at 5060 Corbin Drive,
Bedford Heights, Ohio; more particularly described as Cuyahoga County Parcel Number 79l-U6-
027.
c.) Defendaiit MICHAEL l<'Ol{L/\NI’S interest in [either personal or through
any entity] Northeast Ohio Electric LLC, dba Dean Pyratnid LLC.
cl.) Delendant MICHAEL FORLANFS interest in [either personal or through
any entity] Neteam AVI .
e.) A sum nfrnoney equal to the total amount of proceeds obtained by
Detcndant MICI-IAEI. FORLANI as a result ofhis violation ot`l8 U.S.C. § 1962.
FORITIEITURIQ UNDER I8 U.S.C. §98I a 1 C AND 28 U.S.C. § 246i c
403. The allegations of Counts 2 through IS are hereby reallegecl and incorporated
herein by reference lor the purpose ol alleging forfeiture pursuant to l8 U.S,C. § 9Sl(a) (l)(C)
and 28 L,S,C. § Z46l(e). As a result of the foregoing offenses, Defendants NIICHAEI.
FORLANI and JAMES C. l_)llvIO|{A shall Ibrleil to the Ilnited States all property, real and
personal. which constitutes, or is derived from, proceeds traceable to the commission of Counts 2
through 18; including, but not limited to:
a.) The real property, buildings, and other improvements comprising [and
Defendant MICHAEL FOIZ_LANl’S interest in (either personal or through any entity)] the
Cleveland/Wade Park VA Development Project; more particularly described as: Cuyahoga
County Parcel Number l07»25-ODI (vacant land), Cuyahoga County Parcel Number 107-25-002
(multi~le\/el parking garage), Cuyahoga County Parcel Number |07-25-003 (domiciliary),
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Cuyahoga County Parcel Number 107-25-O04 (vacant land), and Cuyahoga County Parcel
Number 107-25-01 l (administrative office building).
b.) The real property, building(s), and other improvements located at [and
Defendant MICHAEL FORLANFS interest in (either personal or through any entity)] 5060
Corbin Drive, Bedford Heights, Ohio; more particularly described as Cuyahoga County Parcel
Number 791-06-027.
c.) MONEY JUDGMENT: Defendant MICHAEL FORLANI shall forfeit
property, including, but not limited to, a sum of money equal to the proceeds of Counts 2 through
10 and Counts 12 through IX.
d.) MONEY JUDGMENT: Defendant JAMES C. DIMORA shall forfeit
property, including, but not limited to, a sum of money equal to the proceeds of Counts 2 through
4, and Count 12.
SUBSTITUTE PROPERTY
404. In the event that any property subject to forfeiture under 18 U.S.C. § l963(a)
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
defendant(s):
a.) carmot be located upon exercise of due diligence;
b.) has been transferred or sold to, or deposited with a third party;
e.) has been placed beyond thejutisdiction of this Court;
d.) has been substantially diminished in value; or,
e.) has been cornmingled with other property which cannot be divided without
difficulty,
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it is the intent ofthe United States, pursuant to I8 U.S.C. § l963(n1)and/or 21 U.S.C, § 853(p)
[as incorporated by 28 U.S.C. § 246 l (c)], to seek forfeiture of any other property of the
defendant(s), up to the value ofthe forfeitable property described above.
A TRUE BILL
Original document -- Signatures on tile with the Clerk of Courts, pursuant to the E-Govemment
Act of 2002.
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