Shelby – The Mansfield Patrol Post responded to a report of a two-vehicle crash at the intersection of East Main Street and Roberts Drive, in the City of Shelby, at 6:11 PM.
The preliminary investigation shows a 2009 Honda Shadow motorcycle was traveling southeast on East Main Street. It was driven by Frederick T. Plew, 28, of Shelby, Ohio. A 2018 Chevrolet Equinox was traveling north on Roberts Drive, driven by Carol Beer, 84, of Shelby, Ohio. The Chevrolet entered the intersection onto East Main Street, and was struck by the Honda motorcycle.
Mr. Plew was pronounced deceased at the scene. Ms. Beer did not sustain any injuries from the crash.
Mr. Plew was not wearing a helmet at the time of the crash.
The intersection of East Main Street and Roberts Drive was closed for approximately three hours during the investigation of the crash.
The Shelby Police Department and Shelby Fire and EMS assisted on the scene. The crash remains under investigation.
(COLUMBUS, Ohio) — Five people involved in eight “charities” whose names were stolen from reputable organizations to lend credence to their scam have been ordered to pay a combined $190,000 in civil penalties and banned from associating with any charitable organization in the future, Attorney General Dave Yost announced today.
As recommended in a complaint filed by Yost, a Franklin County Common Pleas judge has also ordered that the articles of incorporation be canceled for the following groups, none of which was affiliated with the established charities of similar names:
American Cancer Society of Cincinnati Inc.
American Cancer Society of Cleveland Inc.
American Cancer Society of Ohio Inc.
American Cancer Foundation of Cincinnati Inc.
American Cancer Foundation of Cleveland Inc.
American Cancer Foundation of Ohio Inc.
American Cancer Foundation of Columbus Inc.
United Way of Ohio Inc.
“These scammers were pretending to be big-time charities to swindle money from Ohioans,” Yost said. “But playtime is over, and the jig is up on your sham operation.”
In overseeing the charitable sector, the Ohio Attorney General’s Office works to protect charities and their beneficiaries and to ensure that donations are appropriately used for the missions of the organizations.
The five individuals named in the lawsuit are:
Ian R. Hosang
Jomar Holmes
Rhett McIntosh
Judith A. Culzac
Claudia Stephen
Legal action has also been taken against Hosang in Michigan, Washington, New York and other states where he set up dozens of similar fake charities.
The Franklin County judgment bans all five defendants from incorporating, organizing or serving in any fiduciary capacity for a charitable organization.
“I’m extremely proud of the ongoing work our team does to protect Ohioans’ wallets,” Yost said.
Checking whether a charity is in compliance with Ohio’s registration requirements.
Reviewing a charity’s annual reports to see how it spends your donations.
Seeing whether the charity employs professional fundraisers and finding out what percentage of donations actually goes to charity.
Reviewing tips for safe giving.
Also, complaints about charitable organizations – including misuse of charitable funds, fraudulent fundraising activities, violations of professional solicitation standards, bingo and charitable gaming issues, nonprofit theft and embezzlement, and breaches of fiduciary duty by nonprofit leaders – can be filed on the Ohio Attorney General’s website.
Wooster Police Department said in a press release “On March 14, 2023, shortly after 11 pm, officers of the Wooster Police Department were dispatched to a residence in the 1600 block of Gasche Street for a man with a gunshot wound.”
Officers arrived on the scene and immediately began rendering aid to the victim.
Wooster Fire/Ems arrived and transported the victim to Wooster Community Hospital.
The investigation discovered that the transported victim was shot by his seventeen-year-old son after an apparent altercation. The juvenile was taken into custody.
Once stabilized, the shooting victim was transported to Akron General Hospital, and the Summit County Coroner notified us this morning that he succumbed to his injuries.
Our thoughts go out to the family during this difficult time.
The case has been turned over to the Wooster Police Department Detective Bureau; no further details are available at this time.
(COLUMBUS, Ohio) — Ohio Attorney General Dave Yost filed a 58-count civil lawsuit in federal court today seeking to hold Norfolk Southern financially responsible for the Feb. 3 train derailment in East Palestine that caused the release of over 1 million gallons of hazardous chemicals, “recklessly endangering” both the health of area residents and Ohio’s natural resources.
“Ohio shouldn’t have to bear the tremendous financial burden of Norfolk Southern’s glaring negligence,” AG Yost said. “The fallout from this highly preventable incident may continue for years to come, and there’s still so much we don’t know about the long-term effects on our air, water and soil.”
The company has repeatedly said that it will make the situation right, Yost noted, adding: “This lawsuit will make sure that Norfolk Southern keeps its word.”
The suit, filed in U.S. District Court of the Northern District of Ohio, cites the company’s escalating accident rate, which has risen 80% in the past 10 years. At least 20 Norfolk Southern derailments since 2015 have involved chemical discharges.
“The derailment was entirely avoidable and the direct result of Norfolk Southern’s practice of putting its own profits above the health, safety and welfare of the communities in which Norfolk Southern operates,” the lawsuit says.
Norfolk Southern is cited for numerous violations – 58 in all – of various federal and state environmental laws and Ohio Common Law. Generally speaking, the allegations of Norfolk Southern’s wrongdoing fall under:
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
Ohio’s Hazardous Waste Law
Ohio’s Water Pollution Control Law
Ohio’s Solid Waste Law
Ohio’s Air Pollution Control Law
Common Law Negligence
Common Law Public Nuisance
Common Law Trespass
The Common Law violations include negligence counts relating to defects in the train and the train’s operation. The nuisance counts encompass the chemical releases into the air, public waterways and public land, and the trespass counts address the contamination of natural resources.
Overall, the lawsuit says, the violations resulted in an untold volume of hazardous pollutants being released into the air, water and ground, posing substantial, long-term threats to human health and the environment.
The complaint says releases from at least 39 rail cars have made their way into Sulfur Run, Leslie Run, Bull Creek, North Fork Little Beaver Creek, Little Beaver Creek, the Ohio River and/or some still-unknown Ohio waterways.
Likewise, the derailment “has caused substantial damage to the regional economy of the state of Ohio, its citizens and its businesses. The citizens of the region have been displaced, their lives interrupted and their businesses shuttered.”
Ohio is entitled to recover the lost taxes and other economic losses it has suffered, the lawsuit maintains. Yost seeks injunctive relief, civil penalties, costs, damages and court costs, including:
A declaratory judgment holding Norfolk Southern responsible.
Recovery of costs and damages under the CERCLA and Ohio law for emergency response.
Repayment of damages under common law – notably, natural resource damages, property damages, and economic harm to the state and its residents.
Repayment of costs under common law, including present and future costs incurred by the state in responding to the emergency, providing public services, preventing future harm to the environment and public health, restoring natural resources, and abating the nuisance.
Civil penalties under state environmental laws.
Repayment of court costs.
As a formality, the complaint names a jurisdictional minimum for federal damages of $75,000, although the damages will far exceed that minimum as the situation in East Palestine continues to unfold.
Additionally, Yost asks the court to require Norfolk Southern to conduct future monitoring of soil and groundwater at the derailment location, the surrounding areas and beyond – and to submit a closure plan to the Ohio EPA.
The lawsuit would also prohibit Norfolk Southern from disposing of additional waste at the derailment site and from polluting Ohio waters.
United States Files Complaint Alleging that Rite Aid Dispensed Controlled Substances in Violation of the False Claims Act and the Controlled Substances Act
The Justice Department announced today that the United States has filed a complaint in intervention in a whistleblower lawsuit brought under the False Claims Act (FCA) against Rite Aid Corporation and various subsidiaries (collectively Rite Aid) alleging that Rite Aid knowingly filled unlawful prescriptions for controlled substances. In addition to alleging claims under the FCA, the government’s complaint also alleges violations of the Controlled Substances Act (CSA). Rite Aid is one of the country’s largest pharmacy chains, with over 2,200 pharmacies in 17 states.
“The Justice Department is using every tool at our disposal to confront the opioid epidemic that is killing Americans and shattering communities across the country,” said Attorney General Merrick B. Garland. “That includes holding corporations, like Rite Aid, accountable for knowingly filling unlawful prescriptions for controlled substances.”
“We allege that Rite Aid filled hundreds of thousands of prescriptions that did not meet legal requirements,” said Associate Attorney General Vanita Gupta. “According to our complaint, Rite Aid’s pharmacists repeatedly filled prescriptions for controlled substances with obvious red flags, and Rite Aid intentionally deleted internal notes about suspicious prescribers. These practices opened the floodgates for millions of opioid pills and other controlled substances to flow illegally out of Rite Aid’s stores.”
“The opioid crisis has exacted a heavy toll on communities across the United States,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Today’s complaint is an important reminder that the Justice Department will hold accountable any individuals or entities, including pharmacies, that fueled this terrible crisis.”
“Pharmacies, physicians, corporations, and other health care entities that have contributed to the proliferation of opioids in our communities and the tragic loss of life from overdose deaths must answer for their role in the crisis we now face,” said First Assistant U.S. Attorney Michelle M. Baeppler for the Northern District of Ohio. “This complaint is a continuation of the Justice Department’s commitment to hold accountable those entities that aggravated and profited from the opioid crisis.”
The government’s complaint alleges that, from May 2014 through June 2019, Rite Aid knowingly filled at least hundreds of thousands of unlawful prescriptions for controlled substances that lacked a legitimate medical purpose, were not for a medically accepted indication, or were not issued in the usual course of professional practice. These unlawful prescriptions included, for example, prescriptions for the dangerous and highly abused combination of drugs known as “the trinity,” prescriptions for excessive quantities of opioids, such as oxycodone and fentanyl, and prescriptions issued by prescribers whom Rite Aid pharmacists had repeatedly identified internally as writing illegitimate prescriptions. The government alleges that Rite Aid pharmacists filled these prescriptions despite clear “red flags” that were highly indicative that the prescriptions were unlawful. The government further alleges that Rite Aid not only ignored substantial evidence from multiple sources that its stores were dispensing unlawful prescriptions, including from certain pharmacists, its distributor, and its own internal data, but compounded its failure to act by intentionally deleting internal notes about suspicious prescribers written by Rite Aid pharmacists and directing district managers to tell pharmacists “to be mindful of everything that is put in writing.” By knowingly filling unlawful prescriptions for controlled substances, the government alleges that Rite Aid violated the CSA and, where Rite Aid sought reimbursement from federal healthcare programs, also violated the FCA.
Along with Rite Aid Corporation, the government’s complaint names as defendants the following Rite Aid subsidiaries: Rite Aid Hdqtrs, Corp.; Rite Aid of Connecticut, Inc.; Rite Aid of Delaware, Inc.; Rite Aid of Maryland; Rite Aid of Michigan; Rite Aid of New Hampshire; Rite Aid of New Jersey; Rite Aid of Ohio; Rite Aid of Pennsylvania; and Rite Aid of Virginia.
“The action supported today by the Drug Enforcement Administration (DEA) should serve as a warning to those in the pharmacy industry who choose to put profit over customer safety,” said Special Agent in Charge Orville O. Greene of the DEA.
“Pharmacies are required to ensure prescription drugs are only dispensed based on valid prescriptions,” said Special Agent in Charge Maureen Dixon of the Department of Health and Human Services, Office of the Inspector General (HHS-OIG). “Prescriptions which are not medically necessary, and not for a medically accepted indication, will not be paid for by Medicare and Medicaid. HHS-OIG will continue to work with our law enforcement partners and the Department of Justice’s Civil Division to recover improperly paid funds through the FCA.”
Whistleblowers Andrew White, Mark Rosenberg, and Ann Wegelin, who all previously worked for Rite Aid at various pharmacies, filed an action in October 2019 under the qui tam provisions of the FCA. Those provisions authorize private parties to sue on behalf of the United States for false claims and share in any recovery. The Act permits the United States to intervene and take over the lawsuit, as it has done here in part. Those who violate the Act are subject to treble damages and applicable penalties. The case is captioned United States ex rel. White et al. v. Rite Aid Corp., et al., No. 1:21-cv-1239 (N.D. Ohio).
The United States’ intervention in this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the FCA. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).
This matter is being handled by the Civil Division’s Commercial Litigation Branch (Fraud Section) and the U.S. Attorney’s Office for the Northern District of Ohio. The DEA Cleveland Field Division, FBI Cleveland Field Office, and HHS-OIG provided substantial assistance in the investigation.
The United States is represented in this matter by Senior Trial Counsel Christopher Wilson of the Civil Division’s Fraud Section and Assistant U.S. Attorneys Patricia Fitzgerald and Elizabeth Berry for the Northern District of Ohio.
The Justice Department is committed to holding responsible those who have fueled the opioid crisis by violating the law. Last week, the Associate Attorney General announced the creation of the Opioid Epidemic Civil Litigation Task Force, which formalizes and enhances coordination of the Department’s existing work and will consider new initiatives. Because of the scope and duration of the crisis, the Task Force includes U.S. Attorneys’ Offices, the Civil Division’s Consumer Protection Branch and Commercial Litigation Branch (Fraud Section), the Drug Enforcement Administration, and other Department components. The Task Force will steer the Department’s civil litigation efforts involving actors alleged to have contributed to the opioid epidemic, including by diverting prescription opioids.
The claims asserted against defendants are allegations only and there has been no determination of liability.
(EAST PALESTINE, Ohio)— The following are updates from the State of Ohio regarding remediation work at the site of the Norfolk Southern train derailment in East Palestine, Ohio.
Impersonation Warning
Local authorities issued a warning today about individuals who are going door-to-door in East Palestine impersonating personnel from the Centers for Disease Control (CDC) and Norfolk Southern. Currently, neither the CDC nor Norfolk Southern have personnel conducting any door-to-door operations. Some steps you can take to protect yourself and your community are:
Verify their identity: Ask for identification and verify it before engaging with anyone who comes to your home unannounced.
Don’t share personal information: Never give out personal information such as your Social Security number or financial information.
Report suspicious activity: If you suspect someone is impersonating a CDC or Norfolk Southern employee, report it to your local authorities immediately.
Spread the word: Share the warning with your friends, family, and neighbors so they can be aware of the potential threat and take the necessary precautions.
The East Palestine Police Department can be reached by calling (330) 426-4341.
Hazardous Waste Removal
According to the Ohio EPA, approximately 6.06 million gallons of liquid wastewater have been hauled out of East Palestine in total. There is currently a pile of approximately 26,800 tons of excavated soil waiting for removal from East Palestine, versus 3,080 tons that have been removed.
Municipal Drinking Water Results
New data from municipal water samples taken on Feb. 28 show no chemicals associated with the derailment in either the raw or treated water, but contaminants unrelated to the derailment have been identified. All of the chemicals detected in the treated water are well below drinking water standards set by U.S. EPA.
The Ohio Department of Agriculture (ODA) today released a new fact sheet outlining the process to ensure that the meat supply is safe following the East Palestine train derailment. ODA’s Division of Meat Inspection continues to follow proper protocols when inspecting animals before and after slaughter at state-inspected facilities.
Since the derailment, more than 2,750 animals have been inspected at facilities in Trumbull, Mahoning, Portage, Stark, and Columbiana counties. Of the more than 2,750 inspections, no animals have been flagged for symptoms of chemical exposure.
Soil Sampling
Independent contractors under the oversight of federal and state regulators have sampled the soil at 62 properties to date. Agricultural, residential, commercial, and recreational properties in both Ohio and Pennsylvania are being sampled in locations most likely to have been impacted by the derailment. Test results are pending.
Air Quality
During the excavation of soil at the derailment site, U.S. EPA and independent contractors are conducting air monitoring within the work zone and throughout the surrounding community. This includes continued air monitoring and sampling at the site and throughout the community as well as the use of EPA’s Trace Atmospheric Gas Analyzer mobile laboratory which is conducting an air monitoring route near the soil excavation area. U.S. EPA does not anticipate exceedances of levels of health concern as a result of the soil removal work.
U.S. EPA has conducted 615 home re-entry screenings to date and continues 24/7 air monitoring at 23 stations throughout the community. No detections of vinyl chloride or hydrogen chloride have been identified.
Private Well Testing
The first round of East Palestine area private water system sampling in the highest-priority areas is nearing completion. Any resident in this area who has not yet had a sample and would like one is asked to call 330-849-3919.
High-priority areas were determined using the best hydrological information available to allow sampling teams to target the areas of highest risk.
Residents in these areas who have received their first sample are being contacted to schedule a second sample if they are interested. Second-round sampling began today.
Results of 71 verified samples so far have shown no harmful levels of contaminants associated with the train derailment.
The results can be found on the Columbiana County Health Department site at https://www.columbiana-health.org/resources/.
Health Assessment Clinic
The Ohio Department of Health’s Health Assessment Clinic in East Palestine, operating in partnership with the Columbiana County Health District, is operating on a walk-in basis. Residents should arrive at least an hour before closing to ensure there is enough time to be served.
Clinic hours for this week are:
Monday-Tuesday: Noon to 6 p.m.
Wednesday: Noon to 8 p.m.
Thursday: 9 a.m. to 1 p.m.
The clinic is located at the First Church of Christ, 20 West Martin St. For information, call the Columbiana County Health District at 330-424-0272.
Coping with Trauma
According to the Ohio Department of Mental Health and Addiction Services, traumatic events, such as the train derailment, can cause intense stress, anxiety, and worry, especially in the first several weeks following the event.
Local certified professionals are onsite at the East Palestine Mobile Health Clinic and are ready to assist anyone who has questions or concerns. In addition, any resident can call the Ohio CareLine at 1-800-720-9616 at any time of day for free, confidential, emotional support from a trained professional.
For more information about local behavioral health resources and providers, contact the Columbiana County Mental Health & Recovery Services Board at https://www.ccmhrsb.org/.
More Information and Previous Updates: ema.ohio.gov/eastpalestine
Columbus – On February 26, Trooper Zachary J. Sauber was promoted to the rank of sergeant by Colonel Charles A. Jones, Patrol superintendent. Sergeant Sauber recently transferred from his previous assignment at the Bucyrus Post to serve as an assistant post commander at the Mansfield Post.
Sergeant Sauber began his Patrol career in October 2016 as a member of the 161st Academy Class. He earned his commission in March of the following year and was assigned to the Cincinnati Post. As a trooper, he also served at the Batavia Post.
Sergeant Sauber earned an Associate of Applied Science degree in criminal justice technology from Owens Community College in 2016.
The Ohio State Highway Patrol is an internationally accredited agency whose mission is to protect life and property, promote traffic safety and provide professional public safety services with respect, compassion, and unbiased professionalism.
Sergeant Sauber replaces Sergeant James C. Belcher who retired three days ago on March 10th, after 25 years of service.
(COLUMBUS, Ohio) — Ohio Attorney General Dave Yost issued the following statement today regarding the next steps in the House Bill 6 scandal:
“Yesterday’s guilty verdicts in federal court against Larry Householder and Matt Borges mark only the beginning of accountability regarding House Bill 6. With the federal prosecution complete, the state of Ohio’s racketeering lawsuit, which already stopped the implementation of HB 6, should now be able to resume.
Other wrongdoers in this scandal – especially and including the First Energy executives who funded the corrupt Householder Enterprise – cannot be permitted to escape scot-free. Money is the oxygen that fuels the fire of corruption. (Of course, it also requires the fuel of a corruptible public servant’s heart, and an ignition source – in this case, a piece of gold-plated legislation.)
I have asked Franklin County Common Pleas Judge Chris Brown to lift the stay on discovery in our civil case, a pause no longer needed now that the federal trial has concluded. Lifting the stay will allow us to continue collecting documents and to depose key witnesses in our ongoing effort to remedy the harm done.
Our work has already ended the nuclear subsidy and the “decoupling rider” that enshrined in Ohio law First Energy’s profitability. While portions of HB6 were eventually repealed, these two corrupt benefits for First Energy ended because of our lawsuit, not because of the legislative branch’s belated repeal. The repeal only came after we ended the flow of funds.
In addition, we successfully “froze” former PUCO Chairman Sam Randazzo’s financial assets. While he has asked the Ohio Supreme Court to “un-freeze” them while he appeals the order, the order remains in place. We are confident in our position, and fully intend to claw back those ill-gotten gains through our racketeering lawsuit.
The discovery process may yield additional information that will reveal an expanded number of defendants who participated in the corrupt Householder Enterprise.
A note on criminal charges: The Ohio Attorney General has no independent prosecution authority. Any county prosecuting attorney can invite our office to operate under his/her authority, or the General Assembly can request the Attorney General conduct a criminal investigation, or the Governor. Although my office remains willing to assist, the Attorney General cannot bring criminal charges against anyone involved in this criminal enterprise on his/her own.”
(COLUMBUS, Ohio) — Ohio Attorney General Dave Yost issued the following statement regarding the death of recently retired Richland County Prosecutor Gary Bishop.
Gary Bishop was synonymous with justice for crime victims in Richland County. That area of Ohio has lost a dedicated prosecutor and compassionate victim advocate – one who will be greatly missed but most assuredly not forgotten.
I offer my deepest condolences to his loved ones and the many people he championed in Richland County.
During his tenure as Richland County prosecutor, Bishop was honored for outstanding achievement and meritorious service to crime victims by the Ohio Prosecuting Attorneys Association, the Ohio Attorney General’s Office and the Victims Services Division of the Ohio Court of Claims.
Joe Lyons •
March 16, 2023
(COLUMBUS, Ohio) — Ohio Attorney General Dave Yost filed a 58-count civil lawsuit in federal court today seeking to hold Norfolk Southern financially responsible for the Feb. 3 train derailment in East Palestine that caused the release of over 1 million gallons of hazardous chemicals, “recklessly endangering” both the health of area residents and Ohio’s natural resources.
Columbus – On February 26, Trooper Zachary J. Sauber was promoted to the rank of sergeant by Colonel Charles A. Jones, Patrol superintendent. Sergeant Sauber recently transferred from his previous assignment at the Bucyrus Post to serve as an assistant post commander at the Mansfield Post.
Sergeant Sauber replaces Sergeant James C. Belcher who retired three days ago on March 10th, after 25 years of service.
(COLUMBUS, Ohio) — Ohio Attorney General Dave Yost issued the following statement today regarding the next steps in the House Bill 6 scandal: