In Other News

Columbus Zoo Scandal: Former CFO Admits to $2.29 Million Fraud

(COLUMBUS, Ohio) — A former Columbus Zoo and Aquarium executive pleaded guilty this afternoon for his role in a scheme to defraud the zoo and the public of more than $2.29 million, Ohio Attorney General Dave Yost announced.

Greg Bell, the zoo’s former chief financial officer, pleaded guilty in Delaware County Common Pleas Court to all 14 felony charges he faced, including aggravated theft, conspiracy and tampering with records.

Bell was indicted in September along with two other former zoo executives, Chief Executive Officer Tom Stalf and Marketing Director Pete Fingerhut.

Bell’s sentencing will be scheduled at the conclusion of the ongoing case against his co-defendants.

The Attorney General’s Office was appointed as special prosecutor in the case.

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Previous Release on 9/18/2023

Former Columbus Zoo Executives Indicted for Theft of More Than $2 Million

(COLUMBUS, Ohio) — Three former executives of the Columbus Zoo and Aquarium were indicted today for their roles in a scheme to defraud the zoo of more than $2.29 million and use the money for personal benefits, Ohio Attorney General Dave Yost announced today.

“I’m confident that when the allegations are heard in the court of law, the jury will agree that these former executives of the Columbus Zoo extorted, conspired, bribed and stole over $2 million in public funds for their own benefits,” Yost said. “In simple terms, the bank hired the robbers to work security.”

Former Chief Executive Officer Tom Stalf and former Marketing Director Pete Fingerhut are accused of operating a criminal enterprise to hijack the zoo’s purse strings and colluding to conceal their thievery. Also indicted was former Chief Financial Officer Greg Bell, who is alleged to have become ensnared in the wrongdoing.

The indictment alleges that the former executives manipulated credit-card and check authorization forms for more than a decade, using the nonprofit’s public funds for personal use. The Columbus Zoo receives about $19 million in taxes annually from Franklin County residents.

The stolen money was spent on lavish non-zoo related items, including suites and tickets to concerts and sporting events; golf memberships; trips to multiple states and foreign countries; meals, beverages and alcohol; and motor vehicles.

An investigation conducted by the attorney general’s Charitable Law and Antitrust sections, along with the Ohio Auditor’s Office, found that the criminal enterprise not only improperly expensed goods but also bartered, bribed and extorted zoo vendors for goods and services.

In one instance, zoo tickets were exchanged for tickets to Game 6 of the 2016 World Series. On another occasion, Fingerhut is accused of threatening harm to a vendor’s business opportunities with the zoo unless he was paid large sums of cash.

Stalf, Fingerhut and Bell allegedly attempted to conceal their criminal activities by knowingly signing financial authorization forms. In subsequent years, Stalf and Fingerhut filed their state and federal taxes without acknowledging the financial benefits obtained from the criminal enterprise.

The indictment was filed today in Delaware County Common Pleas Court, as the zoo is located in Delaware County and much of the criminal conduct found by the grand jury took place at the zoo business office.

As the investigation unfolded, Delaware County Prosecuting Attorney Melissa Schiffel appointed the Attorney General’s Office as special prosecutor in the matter, with Senior Assistant Attorney General Dan Kasaris becoming the lead prosecutor. Marissa Gibson and Matt Klapheke, investigators with the Ohio Auditor’s Office, assisted in the case.

“The Columbus Zoo is a jewel and I hope that this investigation will ensure that the zoo will exist for many years to come,” Prosecutor Schiffel said. “Thank you to the Delaware County grand jurors who listened to countless hours of testimony and evidence and returned the indictment that was filed today.”

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Previous Release on 4/1/2021

Attorney General Yost Opens Investigation into Columbus Zoo Amid Allegations

(COLUMBUS, Ohio) — Ohio Attorney General Dave Yost announced today that an investigation has been opened following recent allegations involving two executives at the Columbus Zoo and Aquarium.

“Charity may begin at home for an individual, but it’s trouble when an executive for a charitable organization uses company resources for friends and family,” Yost said. “I’m troubled by both the allegations and the lack of transparency here, and this office will get to the bottom of it.”

The Columbus Zoo is a 501c3 nonprofit organization that also receives levy funds from Franklin County taxpayers. On Monday, the zoo’s president/CEO and chief financial officer resigned after an internal investigation related to the personal use of zoo assets. Both allegedly received improper benefits, according to reporting by The Columbus Dispatch.

The Ohio Attorney General is charged with protecting and regulating the charitable sector, including investigating abuses of alleged charitable trust. This mission is carried out by the office’s Charitable Law Section, which ensures trust in the nonprofit sector through transparency and accountability. The section ensures that charities responsibly use assets entrusted to them and takes enforcement action when charities exploit Ohioans’ generosity.

Investigations conducted by the Charitable Law Section are confidential. Ohio Revised Code 109.28 excludes investigations of charitable trusts from public records.

Orrville Man Sentenced to Prison for Mail, Wire, and Securities Fraud

CLEVELAND – Thomas Brenner, 60, of Orrville, Ohio, was sentenced to 125 months imprisonment by U.S. District Court Judge Donald C. Nugent after earlier pleading guilty to conspiracy to commit mail and wire fraud, conspiracy to commit securities fraud, mail fraud, wire fraud, securities fraud, and engaging in a monetary transaction in property derived from criminal activity. Judge Nugent ordered Brenner to pay $3,487,938.89 in restitution and serve 3 years of supervised release.

 

According to court documents, Brenner was a financial broker-dealer and President of First American Securities, Inc., located in Orrville. In March of 2015, Brenner conspired to recruit clients to “invest” in United RL Capital Services, LLC (“URL”), a company that purportedly financed medical laboratory developments.

Investors were solicited by Brenner over the phone, through letters, and in person while he misrepresented material information. Brenner indicated that investors’ money would finance medical laboratory developments; they would receive their money back, with interest, after three years; and that URL was as safe or safer than other existing investments.

Some investors, at Brenner’s encouragement, removed money from their IRAs to invest in URL, and represented this would not result in tax penalties. Instead of apportioning investors’ money, as promised, Brenner used the funds for his benefit, including to make large race car-related purchases, and to pay back tax debts. When investors inquired about their investments, Brenner misrepresented that they were secure and provided some investors with sporadic, minimal payments, disguised as installments of earned interest, all to lull investors into believing their money was safe and being used as promised.

Brenner learned he was being investigated for selling URL securities by the Financial Industry Regulatory Authority (“FINRA”), a congressionally authorized entity that licenses and regulates broker-dealers. Brenner continued to sell URL securities after representing to FINRA under oath that he would stop. He did not tell prospective investors about the investigation, that First American Securities, Inc. could face closure, and that the defendant could be suspended from associating with any FINRA-registered firm, which he eventually was.

The investigation was conducted by the FBI. The case was prosecuted by Assistant United States Attorneys Kathryn Andrachik and Erica Barnhill.

Wellington Ohio Man Pleads Guilty to Felony Charge for Attacking Officers During Capitol Breach

Defendant Struck and Pulled Down Officer’s Gas Mask

 

WASHINGTON – An Ohio man pleaded guilty on Thursday, Oct. 19, 2023, to a felony charge for his actions during the breach of the U.S. Capitol on Jan. 6, 2021. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

Clifford Mackrell, 22, of Wellington, Ohio, pleaded guilty in the District of Columbia to one count of assaulting, resisting or impeding certain officers. In his plea agreement, Mackrell admitted that he forcibly assaulted a U.S. Capitol Police (USCP) officer. U.S. District Judge Colleen Kollar-Kotelly scheduled a sentencing hearing for March 5, 2023.

According to court documents, Mackrell traveled from his home in Ohio to Washington, D.C., to participate in the January 6 political rally at the Ellipse. At the rally, Mackrell wore a red shirt covered by a heavy blue-toned, striped jacket and heavy tan-colored gloves. He also carried a black backpack and donned a gas mask. Following the speeches, he marched to the Capitol.

Around 2:30 p.m., Mackrell positioned himself on the front line of rioters on the west front of the U.S. Capitol building. While on the front line of rioters, he engaged with and assaulted law enforcement officers from both the USCP and the Metropolitan Police Department who were on a line attempting to hold back the mob.

At 2:30 p.m., Mackrell pushed back barricades with other rioters, forcing law enforcement to abandon their line and retreat closer to the Capitol building to form a new protective line without the use of barricades.

While there, between 2:28 p.m. and 2:35 p.m., Mackrell engaged in multiple assaults and unlawful conduct, which included striking and pushing officers who were engaged in and assisting officers of the United States in the performance of official duties. Specifically, Mackrell attempted to push an MPD officer, then successfully struck and pulled down the officer’s gas mask as the officer tried to help hold a line against rioters. In his plea agreement, Mackrell admitted that when he struck the officer and pulled down the officer’s gas mask, he knew the officer was engaged in the performance of official duties.

In another instance, Mackrell helped push a piece of what appeared to be plywood into a line of officers, pushing them off the protective line. When the plywood fell, another rioter pushed an officer to the ground. Mackrell then physically confronted other law enforcement officers on the front line by pushing them.

The FBI arrested Mackrell in Wellington on Mar. 17, 2021.

This case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the Northern District of Ohio.

The case is being investigated by the FBI Cleveland Field Office, and the FBI’s Washington Field Office. Valuable assistance was provided by the Metropolitan Police Department and the U.S. Capitol Police.

In the 33 months since Jan. 6, 2021, more than 1,100 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 400 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.

Tips Sought in Cold-Case Sexual Assaults of Children in Northeast Ohio

Cold-case investigators are taking a fresh look at a string of sexual attacks on school-age girls in the early 2000s, and Ohio Attorney General Dave Yost is seeking the public’s help to bring the assailant to justice.

“This predator struck multiple counties in at least two states – behavior that suggests more victims might still be out there,” Yost said. “We urge them and anyone else with knowledge of similar attacks to contact our investigators. Your tips could solve this vicious crime spree.”

The Cold Case Unit at Yost’s Bureau of Criminal Investigation (BCI) is concentrating on seven sexual assaults from 2001 to 2003 in Ashtabula, Lake and Summit counties. The case similarities make investigators believe that the same man is responsible for the attacks.

The suspect in each assault was a white male, roughly 30 years old, who posed as a salesman or repairman and targeted girls who had just taken a school bus home. After knocking on a victim’s door, the man usually asked for directions or for information about the home’s occupants, likely to determine whether the victim was alone. He then asked to make a phone call and forced his way inside.

The man wore sunglasses and a baseball hat, and sometimes carried a clipboard. He possibly drove a black or silver midsize sedan. Victims ranged in age from 11 to 18.

Investigators believe the cases are linked to similar assaults in Pennsylvania from the same period. Pennsylvania State Police recently identified a suspect in one of those cases, Daniel Danzinger, a 61-year-old Florida resident who lived in Ohio at the time of the crimes.

Authorities zeroed in on Danzinger by applying forensic genealogy technology to DNA from the crime scene. A DNA sample obtained with a search warrant matched the crime scene evidence.

Danzinger was arrested on Oct. 2 and is awaiting extradition to Pennsylvania.

BCI asks anyone with information about Danzinger or cases like those in Ohio and Pennsylvania to call 855-BCI-OHIO.

BCI’s Cold Case Unit offers forensic analysis and investigative resources to law enforcement agencies for unsolved homicides and sexual assaults.

AG Yost Joins $10 Million Multistate Settlement with Payment Processor Over Unauthorized Withdrawals

(COLUMBUS, Ohio) — Ohio Attorney General Dave Yost and 49 other attorneys general have negotiated a $10 million settlement with payment processor ACI Worldwide stemming from a testing error in 2021 that led to the attempted unauthorized withdrawal of $2.3 billion from the accounts of 477,000 mortgage-holders.

Ohio will receive $342,803 from the settlement.

“The ACI error jeopardized Ohioans’ financial stability and caused undue stress,” Yost said. “This settlement ensures that this company is held responsible for committing an error of this magnitude and that safeguards are put in place to prevent similar incidents in the future.”

The attorneys general investigated and negotiated this case in partnership with the states’ financial regulators, who have reached a separate $10 million settlement with ACI.

ACI Payments, a subsidiary of ACI Worldwide Corp., serves as a payment processor for various third-party clients, including mortgage servicers. Nationstar Mortgage, known publicly as Mr. Cooper, offered ACI’s Speedpay product to its customers so they could electronically schedule and pay a monthly mortgage through the Automated Clearing House (ACH) system.

On April 23, 2021, ACI was conducting a test on the Speedpay platform when it inadvertently submitted live Mr. Cooper consumer data into the ACH system, which prompted ACI to mistakenly attempt to withdraw mortgage payments from hundreds of thousands of Mr. Cooper customers on a day that was neither authorized nor expected.

In many instances, consumers experienced the attempted withdrawal of multiple mortgage payments from their personal bank accounts. Although most of the withdrawals were unsuccessful or later reversed, 1.4 million transactions totaling $2.3 billion were processed, affecting an estimated 477,000 Mr. Cooper customers, including over 13,000 in Ohio.

Some consumers couldn’t access the funds in question, leading to fees for overdrafts or insufficient funds. The affected consumers have received restitution from ACI as part of other related settlements.

The investigation of ACI blamed the 2021 incident on significant deficiencies in the company’s privacy and data-security procedures and the technical infrastructure of the Speedpay platform.

Also, as part of the settlement agreement, ACI is required to take steps to avoid any similar incidents, including using artificially generated data for testing purposes instead of real consumer data. The company must also segregate its testing or development work from its consumer payment systems.

AG Yost Announces Data Breach Settlement with Health-Care Clearinghouse

(COLUMBUS, Ohio) — Ohio Attorney General Dave Yost and 32 of his counterparts announced today that a settlement has been reached with Inmediata over the three-year exposure of the protected health information of 1.5 million consumers.

As part of the settlement, the health-care clearinghouse has agreed to fully revamp its data-security protocols and breach-notification procedures, and to pay $1.4 million to the participating states. Ohio will receive $56,041 of the settlement money.

“Data privacy should be paramount. In the event of a breach, it is the company’s responsibility to promptly notify consumers,” Yost said. “We are actively working to mitigate this issue and safeguard the interests of Ohioans.”

Inmediata, based in San Juan, Puerto Rico, facilitates transactions between health-care providers and insurers throughout the United States.

In January 2019, the U.S. Department of Health & Human Services’ Office of Civil Rights alerted Inmediata that, dating as far back as May 2016, protected health information maintained by the company had been exposed online and indexed by search engines. The breach meant that anyone with internet access could have accessed and potentially downloaded the sensitive patient information.

Despite the alert from the federal government, Inmediata put off notifying the affected consumers for more than three months, and, when the company finally did, in some cases they sent notices to incorrect addresses of patients. In addition, the notices lacked clarity, leaving many consumers confused about why Inmediata had their data and leading some to dismiss the notices as illegitimate.

The settlement resolves allegations made by the attorneys general that Inmediata violated state breach notification laws and the federal Health Insurance Portability and Accountability Act (HIPAA).

The violations center on Inmediata’s failure to implement reasonable data security and its neglect of secure-code reviews before the breach and, after learning about the data exposure, its failure to provide timely and comprehensive information about the breach to consumers.

Under the settlement, Inmediata will strengthen its data security and breach-notification practices going forward. This includes implementing a comprehensive information-security program, developing an incident-response plan with specific policies and procedures for notification letters, and undergoing annual third-party security assessments for five years.

Joining Yost in the settlement are the attorneys general of Alabama, Arizona, Arkansas, Colorado, Connecticut, Delaware, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nebraska, New Hampshire, North Carolina, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Utah, Washington, West Virginia and Wisconsin.

If you need assistance as an identity-theft victim or if you suspect a scam or an unfair business practice, contact the Ohio Attorney General’s Office at www.OhioProtects.org or 800-282-0515.

6-State Trooper Project Focused on I-70 Enforcement

 

COLUMBUS – The Ohio State Highway Patrol joined forces with members of the 6-State Trooper Project focused on speed, safety belt and OVI enforcement on Interstate 70. The high-visibility campaign ran from Friday, October 6 through Sunday, October 8. and included the Indiana State Police, Pennsylvania State Police and the Ohio State Highway Patrol.

During the initiative, Ohio troopers issued citations for 388 speeding violations, 31 safety belt violations and there were five OVI arrests. In total, among the three states participating in the initiative, 534 citations were issued for speeding, 38 citations for safety belt violations and there were 16 OVI arrests.

The 6-State Trooper Project is a multi-state law enforcement partnership aimed at providing combined and coordinated law enforcement and security services in the areas of highway safety, criminal patrol, and information sharing.

Other members of the 6-State Trooper Project include the Kentucky State Police, Michigan State Police and West Virginia State Police.

Governor DeWine Signs Bills Into Law

Ohio Governor Mike DeWine signed the following bills into law:

 

 

  • House Bill 35, sponsored by Representatives Bill Seitz (R-Cincinnati) and Jessica E. Miranda (D-Forest Park), enacts the Scout’s Honor Law to eliminate the limitations period for a civil action based on a claim of childhood sexual abuse only for purposes of filing claims against a bankruptcy estate of an organization chartered under federal law; to provide with respect to sex offenders and child-victim offenders who committed their offense prior to January 1, 2008, mechanisms for reclassifying or classifying the offenders in specified circumstances under the SORN Law in effect prior to that date; to subsequently amend section 2305.111 of the Revised Code five years after the effective date of that section to remove the described elimination of the limitations period; and to declare an emergency.

  • House Bill 61, sponsored by Representatives Jamie Callender (R-Concord) and Dan Troy (D-Willowick), designates November 19th as “James A. Garfield Day.”

     
     
     
     

Serious injury motorcycle crash on SR 2

Sandusky – The Ohio State Highway Patrol, Sandusky Post, are investigating a serious injury motorcycle crash that occurred on October 12, 2023 at approximately 12:15 A.M. on SR 2 near US 6 in the City of Sandusky, Erie County.

Unit 1: John Dugan III, age 45, of Sandusky, Ohio was operating a 2003 Harley Davidson motorcycle. Mr. Dugan sustained serious injuries as a result of the crash and was transported to Firelands Hospital by Sandusky Fire and EMS. Mr. Dugan III was then life flighted to Metrohealth Medical Center in Cleveland, Ohio for his injuries. Mr. Dugan was not wearing a helmet at the time of the crash.

Details of the crash: Unit 1 was eastbound on the SR 2 entrance ramp from US 6. Unit 1 failed to negotiate a curve, traveled off the left side of the road and overturned onto SR 2. Unit 1 continued to travel off the left side of SR 2 before coming to final rest in the median.

Alcohol is suspected to be a factor in the crash.

Assisting agencies on scene: Sandusky Fire and EMS, Sandusky Towing.

Lt. Governor Husted Announces New CDL Improvements for Ohio Truck Drivers

Lt. Governor Jon Husted, Director of InnovateOhio, today announced three new modernizations for Ohio truck drivers that will make obtaining and renewing a Commercial Driver’s License (CDL) easier without lowering standards. The technology upgrades were developed through InnovateOhio and the Ohio Bureau of Motor Vehicles (BMV).

 

 

“Ohio is the heart of manufacturing and logistics in the country,” said Lt. Governor Husted. “Freight infrastructure has made our state an anchor for global and domestic supply chains. We want Ohio to be the best state in the country for truck drivers to live, work, and raise a family, and through these kinds of technological upgrades, in which it’s easier for truckers to comply, we’re eliminating friction and taking meaningful steps in that direction.”

 

The Lt. Governor made the announcement at ABF Freight in Dayton along with the Ohio BMV and representatives from the Ohio Trucking Association and Ohio Teamsters. As part of the announcement, he highlighted three specific CDL improvements:

 

CDL Online Renewal

 

Beginning October 2023, Ohio truckers can now renew their CDL online. Ohioans can already renew their regular driver’s license online, and extending this to truckers means they no longer have to travel to a deputy registrar location and wait in line. Now, they can renew at the click of a button and receive their new license in the mail.

CDL Testing Modernization

Additionally, CDL testing has been modernized so Ohio truckers seeking their CDL are tested on real-world scenarios. The updated test will more accurately require knowledge of modern vehicles and skills needed for a CDL holder to safely operate a vehicle. Modernizing the testing requirements will improve the process for future truckers to earn their CDL and obtain good paying jobs in Ohio without removing the knowledge-testing standards that matter when they are on the road.

Commercial Learner’s Permit (CLP) Extended

The Commercial Learner’s Permit (CLP) has been increased from six months to 12 months. This gives individuals an additional six months of commercial driver training before it expires and saves them money from having to purchase a CLP every six months.

“These latest CDL improvements for Ohio truckers are the latest in a series of BMV innovations, in collaboration with InnovateOhio,” said Ohio BMV Registrar Charlie Norman. “To date, these modernizations have saved Ohioans over 4.5 million trips to deputy registrar locations and more than 500,000 hours of standing in line.”

There are over 388,000 active Commercial Drivers Licenses in Ohio. As the manufacturing and logistics hub of the nation, Ohio jobs in two major truck driving occupations (Heavy and Tractor-Trailer Truck and Light Truck or Delivery Services) are expected to increase by a combined 7 percent by 2030.

OhioMeansJobs.com currently has over 7,000 jobs posted for CDL holders in Ohio. For more information about a career in the trucking industry or to apply, you can go online to OhioMeansJobs.com or visit your local OhioMeansJobs center.

In addition to this new package of CDL improvements for Ohio truckers, Ohio BMV and InnovateOhio technology solutions also include options such as “Get in Line, Online”, self-service kiosks, online knowledge tests, online driver’s license renewals and now, three major upgrades for Ohio’s truckers and trucking companies. These technological solutions will make it easier for truckers to comply with the requirements of their industry.

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