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Ohio Attorney General

Richard Cordray
Annual
Report 2010
Table of
Contents

From the Desk of Attorney General Cordray 1

Fighting for Ohioans 4


Holding Wall Street accountable 5
Standing up for consumers 6
Top small business complaint categories 7
Fighting foreclosure 9
Protecting the environment 10
Bolstering Ohio’s economy 11
Prosecuting health care fraud 12
Looking out for veterans 13

Joining forces to fight crime 16


Strengthening law enforcement capabilities 17
Partnering on difficult issues 21
Taking on organized crime 22
Assisting crime victims and communities 23
Supporting the important work of prosecutors 25
Overseeing peace officer training 27

Advocating for Ohio 30


Representing Ohio in court 31
Success in court 31
Protecting Lake Erie’s native fish population 32
Upholding minimum wage requirements 32
Supporting pivotal cases 34

Attorney General’s staff 35


from the desk of the
ohio attorney general

Dear Fellow Ohioans,


The Ohio Attorney General’s Office has been around
since before the Civil War. Its original duties included
advising county prosecutors, compiling crime statistics,
collecting debts owed to the state and performing
other tasks, many of which we still do today.

These duties were considered so extension, the lives of the taxpayers


modest at the time that former who support and rely on it.
Ohio Supreme Court Chief Justice Through this work, and through
Carrington T. Marshall remarked the impressive resources and
that the low salary paid to the first responsibilities entrusted to us, we
Attorney General, Henry Stanbery, have sought simply to do good by
was justified because “it is probable and for the people of this state.
that the duties required took but
little of his time.” The office has changed a lot since
the days of Henry Stanbery. And
It is fair to say that this in my time in office, we have
characterization of the office’s continued to improve its services
duties — specifically the part about and performance.
them taking little time — is not
applicable today. Since its humble This report details our efforts in
origins, the office has grown vastly 2010 and describes the work we
in size and scope. We now have do on behalf of not only our state
more than 1,500 employees and client agencies but also the local
close to 40 distinct departments, all law enforcement agencies that
dealing with varied challenges protect our communities and the
and circumstances. everyday Ohioans — taxpayers,
consumers, victims of crime,
The work of the office’s veterans and others — whom we
professionals and their sizable strive to serve faithfully and
areas of focus touch all corners with distinction.
of state government and, by

Sincerely,

Richard Cordray
Ohio Attorney General
1
fighting for
ohioans
from wall street
to main street

The Attorney General’s Office made historic gains


on behalf of Ohio’s citizens and businesses in 2010.
As rampant foreclosures made headlines across the
country, the Ohio Attorney General’s Office led the
way nationally in uncovering widespread abuse in
banks’ handling of foreclosure actions. The office
won large settlements from Wall Street firms that
harmed Ohio pensioners and others. And Attorney
General Cordray maintained and improved on the
office’s long-standing role of standing up for Ohioans
by enforcing state laws that protect consumers and
taxpayers and ensuring a fair marketplace and level
playing field for business.

4
Fighting for Ohioans

Holding Wall Street accountable

The Attorney General’s Office confronted corporate wrongdoing on Wall Street that hurt Ohio
pensioners and, by extension, harmed all Ohioans by damaging the economy. A number of
notable settlements brought the total amount recovered from major Wall Street firms during
Attorney General Cordray’s two years in office to more than $2.7 billion and sent a message
that Ohio would strongly enforce securities and antitrust laws.

Winning a record settlement from AIG Seeking recovery from BP

In July, the office reached a $725 million securities class action Ohio pension funds, represented
settlement against international insurance and financial services by Attorney General Cordray, and
organization American International Group Inc. (AIG) and certain the state of New York teamed up
individual directors and officers. The settlement resolved allegations to seek lead plaintiff status on
that AIG engaged in wide-ranging fraud — including anti-competitive behalf of investors in a securities
market division, accounting violations and stock price manipulation — class action against BP PLC, some
from 1999 to 2005. of its officers and directors, and BP
America Inc. The action stems from
Agreements with other defendants in the case pushed the total value of losses the pension funds incurred
the AIG settlement to more than $900 million, making it the 10th-largest after the Deepwater Horizon
securities class action settlement in U.S. history. drilling platform explosion in
the Gulf of Mexico in April and
ensuring a competitive marketplace subsequent environmental crisis,
which caused BP’s stock value to
In April, Attorney General Cordray reached an unrelated settlement in drop 40 percent.
which AIG agreed to pay $9 million to settle a lawsuit alleging that it
violated the state’s antitrust laws. Public entities throughout the state — The lawsuit alleges that BP
including universities, schools and cities — received reimbursements as duped investors with false and
part of the settlement. misleading statements about the
safety of its drilling operations and
AIG is alleged to have conspired with insurance broker Marsh its ability to prevent and address
& McLennan and other insurers to eliminate competition in the events such as the oil spill.
commercial casualty insurance industry.

In September, Cordray reached a $4.75 million settlement with Marsh &


McLennan in the same case.

5
Major securities action STANDING UP FOR CONSUMERS
moves forward

The U.S. District Court for the


Of all of the ways that the Attorney General’s Office interacts
Southern District of New York in with Ohioans, the work that affects the most people directly
late August issued an important
is done through the Consumer Protection Section. Tens of
ruling that allowed a major
lawsuit to proceed against Bank of thousands of Ohioans file complaints each year with the
America, Merrill Lynch and various section, which in turn helps them recover money or resolve
individual officers and directors
when it substantially denied the
an issue when they have been cheated or treated unfairly.
defendants’ motions to dismiss the
case. The ruling cleared the way Attorney General Cordray’s administration extended
for Ohio’s pension funds and allied consumer protection services to help small businesses and
pension systems to move forward
with claims that the defendants nonprofits. These services were introduced under a pilot
committed securities fraud and project in mid-2009 and became available statewide in
issued false proxy statements.
If successful, the lawsuit could
February 2010 — with impressive results.
recover billions of dollars
for shareholders. coming to the aid of Ohio consumers

The lawsuit alleges that Bank Many actions taken by the Ohio Attorney General’s office led to
of America, during merger restitution and other assistance for large groups of consumers in the
negotiations, allowed Merrill state. These included:
Lynch to pay up to $5.8 billion in
accelerated year-end bonuses to Reaching a settlement with Solon-based National Enterprise Systems
its executives and employees but Inc. (NES) in April that secured $207,500 in consumer restitution and
failed to disclose that information a comparable amount in payment to the state’s Consumer Protection
to shareholders before they voted Enforcement Fund. In mid-2009, Attorney General Cordray sued the
to approve the merger. collection agency over allegations that NES harassed consumers
Additionally, in the two months when attempting to collect on debt. As a result of the agreed consent
before shareholders voted on the judgment, NES made changes in its debt collection practices and
merger, Merrill Lynch suffered compensated consumers and the enforcement fund.
billions of dollars in losses. The
complaint alleges that senior Securing services for Toyota and Lexus owners following product
executives at both Merrill Lynch safety recalls. After Attorney General Cordray and other state attorneys
and Bank of America knew of general intervened, Toyota agreed to provide transportation to and
these massive losses but did from dealerships and compensate customers for transportation and
not disclose the information to rental car costs while their vehicles were being repaired.
investors prior to shareholders’
vote on the merger. Negotiating a settlement with prepaid wireless provider Start Wireless
Group Inc., doing business as Page Plus Inc., to resolve concerns
that the company misrepresented its services and failed to disclose
important terms and conditions. Start Wireless cooperated with the
Attorney General throughout the investigation, made changes to its
business model and paid $200 to more than 140 consumers.

6
Fighting for Ohioans

Top small business


Helping small businesses avoid mistreatment complaints filed with
the office:
After making the innovative decision to use the office’s consumer
protection complaint resolution process to assist small businesses and
nonprofits in addition to individual consumers, the Attorney General’s
Office helped such enterprises save or recover more than $250,000.
1 Phony “yellow pages”
advertisements

Some notable success stories:

A Powell vending distributor ordered a machine that failed to


work and, after several promises, the supplier never delivered a
2 Unauthorized charges
on telephone bills

replacement. The firm filed a complaint with the Ohio Attorney


General’s Office and received a $3,000 refund. 3 Bogus Internet and
website services

An art studio and gallery in Grandview received a call requesting


an address confirmation and later was charged $499 for a “yellow
pages” ad. The studio had no idea that it was, in fact, agreeing to an
advertisement. The Attorney General’s Office resolved the issue at no
4 Credit card payment
processor fees

cost to the art studio.

A Westerville investment firm sought to recover $77,500 it had paid


as an up-front fee for a real estate loan. The firm contacted the office
5 Unauthorized credit
card charges

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when it did not receive the loan as promised. Within two weeks, the
Failure to receive a
fee was refunded in full, marking the program’s largest recovery so far.
service or product

A Stow outdoor outfitters shop was battling a paper company


for sending, and then billing for, an unauthorized purchase. After
returning the product at its own expense, the shop continued to Spreading the word
receive past-due notices for $258. The office intervened, and the paper about scams
company cleared the shop’s balance.
The Ohio Attorney General’s
A Findlay bulk services company was continuously charged for cable scam alert widgets, which are
television despite canceling the service. After making numerous failed frequently updated online tools
attempts to clear up the situation, the company began receiving that can be posted on other
collection notices. The office stepped in and arranged for the balance websites, were viewed more than
to be cleared. 1.3 million times. The widgets,
introduced at the state’s first
A Canfield machinery company paid $14,500 for equipment it never Consumer Protection Summit in
received. When the company attempted to get a refund, the supplier March, highlight scams reported
refused. The office was able to secure a full refund. by Ohio consumers, link to a scam
reporting page and provide a
A Cincinnati exterminating company was charged $320 to advertise “share the scam” link.
on the T-shirts of a local basketball team. While the company’s credit
card was charged, the advertisement was never completed. With the The office also introduced a
Attorney General’s assistance, the company was refunded in full. Spanish-language Web page,
www.OhioAttorneyGeneral.gov/
Ayuda, to help Spanish-speaking
consumers gain information and
file consumer complaints.

7
Pushing for reform,
preserving state authority

In the wake of the Wall Street


collapse in 2008, Congress
debated major reforms to Earning recognition for leadership
decrease the likelihood of another
crash and protect consumers from Prominent nonprofits recognized Attorney General Cordray for his
unfair and deceptive financial work to protect Ohioans:
products. During that debate,
Attorney General Cordray publicly In March, he received the 2010 Henry B. Gonzalez Award from
advocated for reforms and the National Community Reinvestment Coalition. The award is
defended the authority of state presented each year to a government official who forges the
attorneys general. most effective partnerships with community nonprofits and
provides leadership in community economic development and
In an April letter to Senate economic justice. Attorney General Cordray was nominated
committee chairs Christopher by Empowering and Strengthening Ohio’s People (ESOP), a
Dodd and Blanche Lincoln, the community organization specializing in housing counseling and
Attorney General wrote: “The only foreclosure prevention. In the nomination, Executive Director
cops on the beat in the financial Mark Seifert wrote, “Mr. Cordray is the epitome of a state official
area over the last decade were fulfilling his mandate to protect Ohio residents. From January
state attorneys general. State through December we saw Mr. Cordray’s unswerving dedication to
consumer protection, anti-trust achieving economic justice for the people of Ohio.”
and securities laws are critical
tools for balancing the interests of The Better Business Bureau (BBB) serving Northwestern Ohio and
individual citizens and powerful Southeastern Michigan recognized Attorney General Cordray
institutions in the marketplace. for his dedication to consumer protection throughout Ohio. The
As revelations continue to unfold Award of Appreciation, specially created to recognize the Attorney
about the conduct of the Wall General, was presented at the BBB’s ninth annual Torch Awards
Street rating agencies and various for Marketplace Ethics ceremony in May. Stephen Cox, president
brokers, bankers and dealers, it and CEO of the national Council of Better Business Bureaus in
is clear that neither personal nor Washington, D.C., traveled to Toledo to present the award. “The
professional integrity are enough Attorney General is dedicated to creating an ethical marketplace
to keep a check on greed and where buyers and sellers can trust each other,” Cox said. “That’s the
exploitation.” BBB’s mission and something we’ve seen from Attorney General
Cordray in theory and practice. It’s also something that’s not seen
Congress passed a financial reform in every attorney general around the country.”
bill in July that toughened laws
governing banks and created
a federal Consumer Financial
Protection Bureau. The bill also
ensures that state attorneys
general will not be pre-empted by
federal authorities.

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Fighting for Ohioans

FIGHTING FORECLOSURE

With Ohio foreclosures running ahead of 2009’s record-setting pace, Attorney General
Cordray took his leadership on the state and national foreclosure problem to a new level by
spearheading what became a 50-state investigation of fraudulent practices that abused the
rights of homeowners and the courts.

Exposing ‘robo-signing’ When similar reports surfaced Although it is unusual for the
regarding JPMorgan Chase and Attorney General’s Office to
One of the most alarming Bank of America, Attorney General get involved in an individual
revelations of 2010 concerned Cordray asked them to suspend foreclosure case, the potential use
the fact that an untold number of judgments, sales, evictions and of fraudulent documents in this
foreclosure documents processed property transfers involving any case prompted the filing of
by major mortgage-servicing foreclosure case in which defective the brief.
banks were “robo-signed.” That is, affidavits had been submitted.
affidavits were signed en masse, The Attorney General also sent Cracking down on
and those signing them attested letters to Wells Fargo and Citibank mortgage fraud
to having personal knowledge requesting that the banks meet
about matters that they, in fact, with his office to discuss their Attorney General Cordray and
knew little or nothing about. foreclosure affidavit procedures. Summit County Prosecutor Sherri
Bevan Walsh in March announced
Attorney General Cordray asked The following week, he and indictments against 16 individuals
judges across the state in late attorneys general from the other on charges related to more than
September to pay extra attention 49 states announced a multistate $1 million in alleged mortgage
to foreclosures involving GMAC investigation into robo-signing. fraud involving 40 properties.
Mortgage Inc., which had Attorney General Cordray, 11 other The charges resulted from a
acknowledged a “potential issue” state attorneys general and three two-year investigation by the
with its internal foreclosure state banking regulators made up Summit County Mortgage Fraud
procedures. In early October, he the group’s executive committee. Task Force, which operates in
became the first attorney general conjunction with the Attorney
in the nation to take legal action In late October, Attorney General’s Ohio Organized Crime
over “robo-signing” by filing suit General Cordray — citing false Investigations Commission
in Lucas County Common Pleas statements and documented (OOCIC). The scheme involved
Court against GMAC Mortgage, fraud — weighed in on a GMAC artificially inflating home
its parent, Ally Financial Inc., foreclosure case that threatened values and falsifying mortgage
and employee Jeffrey Stephan. to oust a Parma man and his family applications, including promising
The lawsuit accused the loan from their home. The Attorney to make repairs that were never
servicer and its agents of filing General filed a friend-of-the-court done and skimming money off
fraudulent affidavits in hundreds brief in the Cuyahoga County mortgage proceeds at closing.
of Ohio foreclosures. Stephan, of Common Pleas Court foreclosure
Sellersville, Pa., testified in a Maine proceeding and asked the court Also in March, Attorney General
foreclosure case that he signed to consider evidence that GMAC Cordray, OOCIC and Franklin
thousands of affidavits between committed fraud that tainted the County Prosecutor Ron O’Brien
2006 and 2010 without verifying entire judicial process. announced a 71-count indictment
the content. against Kevin E. Murphy and
Columbus-based real estate agent

9
Mary R. Murphy for their roles in PROTECTING THE ENVIRONMENT
a multimillion-dollar mortgage
fraud scheme. The charges are
related to 26 property transfers
The Attorney General’s Environmental Enforcement Section
executed between 2004 and investigates and prosecutes those who break environmental
2007 with a total loan value of
laws and represents state agencies that safeguard Ohio’s
approximately $11 million.
natural resources, such as the Ohio Environmental Protection
In another Franklin County case in Agency and the Ohio Department of Natural Resources.
which OOCIC assisted, John Wanek
of Phoenix, Ariz., was sentenced
in September to nine years in Benefitting from massive environmental bankruptcy case
prison for using false statements
and forged documents to illegally Ohio received $1.6 million as part of a settlement in the largest
obtain more than $38 million in environmental bankruptcy case in U.S. history. The settlement resolved
loans to purchase six Columbus- a claim filed in the bankruptcy reorganization of American Smelting and
area apartment complexes and Refining Co. (ASARCO) regarding the contamination of American Ditch
then defaulting on the loans. near the company’s former facility in Columbus.

Court affirms Under the agreement, ASARCO will pay $1.79 billion to cover
first-of-its-kind action environmental cleanup costs incurred by federal and state agencies at
more than 80 contaminated sites in 19 states. The settlement represents
In September, Attorney General the largest recovery to pay for past and future cleanup under the
Cordray won a victory that Comprehensive Environmental Response, Compensation and Liability
validated his strategy, undertaken Act of 1980, commonly known as the Superfund.
in 2009, to take legal action
against mortgage servicers Taking action against a nuisance
Carrington Mortgage Services
LLC, American Home Mortgage At the request of the Ohio Environmental Protection Agency, Attorney
Services Inc. and Barclays Capital General Cordray in June filed a complaint and motion for preliminary
Real Estate, doing business as injunction against Heartland Refinery Group for ongoing air pollution
HomEq Servicing, for violations of law violations that create an odor nuisance and could harm public health
Ohio’s consumer law. and the environment. The motion asks the court to order Heartland to
repair air pollution control equipment required by its air permit.
A Montgomery County Common
Pleas judge affirmed Cordray’s Heartland Refinery Group, located in Columbus, converts used oil into
case against HomeEq by products such as oil and asphalt additives. It began operating in
overruling the defendant’s motion February 2009.
to dismiss, which cleared the way
for the case to move ahead. “This Securing largest underground tank settlement in Ohio
ruling takes us one step closer in
our overall strategy to hold loan A Texas oil refining company accused of illegally releasing petroleum
servicers accountable for unfair from 45 underground storage tanks in 26 Ohio counties agreed to pay
loan modifications in foreclosure $4 million in penalties and clean up its former Clark gas station sites.
cases,” Cordray said in response.
Premcor owned and operated Clark gas stations throughout Ohio where
petroleum was illegally released and not properly examined for the
resulting environmental impact. Many of the sites have been or are in
the process of being inspected for further action.

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Fighting for Ohioans

BOLSTERING OHIO’S ECONOMY Promoting partnership


and research innovation

Attorney General Cordray responded to the state’s economic


Attorney General Cordray’s office
troubles by working to protect Ohio jobs and taking steps to worked with the Ohio Board of
create future employment. Regents and Cincinnati-based
Procter and Gamble to create a
Safeguarding a major Mahoning Valley employer first-of-its-kind master agreement
that will make it easier for P&G to
Attorney General Cordray and the office’s Charitable Law Section enter into research contracts with
reviewed the sale of the bankrupt Forum Health, a major employer and Ohio’s 14 public universities. This
health care provider in the Youngstown area. The office undertook the move will allow innovative ideas to
review to ensure that charitable assets were preserved to the greatest come to fruition faster by fostering
extent possible. collaboration between P&G and
university researchers.
Attorney General Cordray approved Community Health System’s $120
million purchase, and — under the terms of the agreement — the firm Later in the year, Attorney General
agreed to put $80 million or more into Forum’s three main hospitals. The Cordray again teamed up with
purchase price was sufficient to protect foundation assets that had been the Board of Regents to invite the
pledged as collateral for loans to pay major creditors. Community Health Ohio Manufacturers’ Association
System also agreed to operate the hospitals as Medicare and Medicaid to help lead an ambitious research
providers. Forum, which has about 4,000 employees, is the second- and development effort. The
largest employer in the Mahoning Valley. idea is to promote innovative job
creation by connecting Ohio’s
“We wish to express our sincerest gratitude for the concern you have manufacturers to each other and
shown for our registered nurse members and the patients they serve as top researchers around the state.
you reviewed the sale of the assets of the Forum Health System,” Linda The Ohio Manufacturing Network
Warino, executive director of Ohio Nurses Association District 3, wrote of Innovation will be a Web-based
in a letter to Attorney General Cordray. “You went above and beyond networking tool connecting
the call of your office to understand and respond to health care quality, manufacturers with researchers
access and job issues at stake here in the valley.” at Ohio’s universities and other
nonprofit research centers.
Protecting airline employees, customers
Cleaning up to rebuild
After Continental and United airlines announced a $3.2 billion merger
in May, Attorney General Cordray and his Antitrust Section began an Former General Motors and
investigation to determine how it would affect airline competition Delphi manufacturing sites in
in Ohio, particularly at Cleveland Hopkins International Airport, a Elyria, Mansfield, Moraine, Parma
Continental hub. In September, the Attorney General struck a deal with and Toledo will benefit from an
the merged airline, which committed to serve Hopkins for up to five environmental trust agreement
years. Continental Airlines employs about 2,000 workers at Cleveland between the former General
Hopkins, and another 1,000 people work for regional airline partners. Motors Corp., the U.S. Department
of Justice and 14 states, including
In late September, Attorney General Cordray opened an antitrust inquiry Ohio. The $39 million in cleanup
into Southwest Airlines’ announced acquisition of AirTran Airways. and remediation funding will help
Southwest and AirTran are the nation’s largest and eighth-largest carriers return the sites to productive use,
by passenger count, respectively, and are major airline operators in Ohio. allowing new jobs to be created at
AirTran flies out of Port Columbus International Airport, Akron-Canton these locations.
Regional Airport and Dayton International Airport; Southwest flies out of
Cleveland Hopkins and Port Columbus.
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PROSECUTING HEALTH CARE FRAUD

A leader among its peers nationwide, the Attorney General’s Health Care Fraud Section
uncovers fraud that cheats taxpayers out of Medicaid dollars earmarked to assist the less
fortunate and prosecutes fraud and abuse that targets seniors.

Setting a national standard Holding pediatric dental Recovering millions from


clinics accountable pharmaceutical companies
Each year, the United States
Department of Health and Human Ohio joined 22 other states and The Attorney General’s Office
Services’ Office of the Inspector the federal government in a netted millions for Ohio’s Medicaid
General publishes a statistical $24 million settlement with the fund through major settlements
comparison of the 50 Medicaid management company of a chain to resolve allegations against
Fraud Control Units around the of pediatric dental clinics. The pharmaceutical companies.
country. For federal fiscal year settlement resolves allegations These included:
2009, the most recent statistics against FORBA Holdings LLC that
available, Ohio’s Medicaid Fraud the company submitted claims $1.7 million as part of a
Control Unit ranked fifth and for reimbursement to Medicaid nationwide settlement with
seventh, respectively, in terms for medically unnecessary dental Novartis Pharmaceuticals Corp.
of gross dollar recoveries and procedures. Ohio’s share of the and Novartis Vaccines and
criminal convictions. Ohio’s unit settlement was $2.29 million. Diagnostics Inc. The agreement
ranked second nationally when resolved allegations that the
jointly comparing convictions per The state alleged the dental company promoted the use
professional staff and recoveries centers performed unnecessary of tobramycin, a cystic fibrosis
per grant dollar. extractions and root canals, drug, for uses not approved
provided unneeded fillings by the U.S. Food and Drug
Pursuing Medicaid and crowns, unnecessarily Administration.
overpayments administered anesthesia and
used inappropriate techniques to $8.85 million as part of a
In April, the office filed a lawsuit restrain child patients. national agreement with
against a large Ohio-based nursing pharmaceutical company
home provider doing business AstraZeneca to settle allegations
under the name Carington Health of an illegal marketing
Systems. The lawsuit alleged the campaign that improperly
company overstated nursing promoted the antipsychotic
home expenses in reports to drug Seroquel.
the Ohio Department of Job
and Family Services, resulting $6.8 million in a nationwide
in overpayments of Medicaid settlement with pharmaceutical
reimbursements for 21 facilities. manufacturer GlaxoSmithKline.
The settlement resolved
allegations that the firm
knowingly manufactured
and sold substandard
drugs, including Paxil CR, an
antidepressant, and Avandamet,
which is used to treat diabetes.

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Fighting for Ohioans

LOOKING OUT FOR VETERANS

Attorney General Cordray worked to reward veterans’ service, punish those who profit at
their expense and give families peace in their hours of mourning.

Shutting down phony charity Keeping veterans’ service


bonuses tax-free
Investigators identified serious problems with an outfit known as
the U.S. Navy Veterans Association, which claims to be a legitimate Attorney General Cordray, while
charitable organization but actually is headed by a man whom the office Ohio Treasurer, proposed a bonus
now believes stole other people’s identities and duped donors. for those who served in the
Persian Gulf, Afghanistan and
This man, who goes by the name of Bobby Thompson (his actual name Iraq wars as a small gesture of
remains unknown), apparently used donations to enrich himself and gratitude for their service. Ohioans
make political contributions in his own name and through a political had given similar bonuses to
action committee called NAVPAC. veterans of World Wars I and II,
Korea and Vietnam. In November
From 2003 to 2009, professional solicitors raised about $1.9 million from 2009, after Cordray had become
Ohioans on behalf of the U.S. Navy Veterans Association. Attorney General, more than seven
in 10 voters approved this bonus
In October, a Cuyahoga County Grand Jury indicted Thompson and for recent veterans.
an associate, Blanca Contreras, on charges of aggravated theft, money
laundering and engaging in a pattern of corrupt activity based on their When the application process
alleged misappropriation of millions of dollars from this fraudulent opened for the bonus, Attorney
charity. Contreras was arrested in North Carolina two days after the General Cordray worked with the
indictment was issued; Thompson remains at large. Investigators have Internal Revenue Service, Ohio
shut down the group’s UPS mailboxes in Lancaster and Cincinnati. Department of Taxation and the
Regional Income Tax Agency to
Ensuring soldiers’ families can mourn in peace ensure the bonuses would not be
subject to federal, state or local
Attorney General Cordray joined 47 of his peers around the country to income taxes.
support a military family whose burial service for its son was interrupted
by hateful, bigoted protesters. This case, Snyder v. Phelps, was argued in
the U.S. Supreme Court in 2010.

Fred Phelps and his Westboro Baptist Church of Topeka, Kan., attempt to
publicize their belief that God hates gay people and punishes America
for its tolerance by claiming the lives of service members in Afghanistan
and Iraq. Signs carried by the Phelps family at these protests included
such messages as “God Hates You,” “Thank God for Dead Soldiers,” “Thank
God for 9/11” and “God Hates the USA.”

Attorney General Cordray got involved in this case not only to stand on
the side of the family of Lance Cpl. Matthew Snyder of Maryland, but
also on the side of Ohio families who should not be subjected to such
abuse in their time of mourning. Such protests are prohibited by an Ohio
law that the Attorney General’s Office already had successfully defended
in federal appeals court when it was challenged by Phelps.

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Joining forces to
fight crime
in support of law enforcement,
prosecutors and victims

The Attorney General’s Office provides a wide array


of services and tools to support the important
work of law enforcement and prosecutors and to
bring education and funding to crime victims and
their advocates. This is accomplished through the
work of the Bureau of Criminal Identification and
Investigation and the Ohio Peace Officer Training
Academy, task forces that address vexing problems,
services that support crime victims and legal
assistance provided to prosecutors.

16
Joining Forces

strengthening LAW ENFORCEMENT CAPABILITIES Stabilizing and enhancing


a vital resource

The Ohio Bureau of Criminal Identification and Investigation The Attorney General’s
(BCI) is a vital resource for law enforcement agencies information technology staff
completed an upgrade that vastly
throughout the state, providing cutting-edge identification, improved the performance of the
investigative and laboratory assistance at no cost to local Ohio Law Enforcement Gateway
(OHLEG), a Web-based platform
agencies. BCI was reaccredited in 2010 by the Commission on through which agencies access
Accreditation of Law Enforcement Agencies, which is aimed the criminal history database and
at ensuring the quality delivery of public safety services. other important tools and
data sources.

Creating new ways to catch criminals OHLEG’s more than 22,000 users
have tapped the system’s search
BCI’s Identification Division maintains one of the world’s largest engine more than 3 million times
collections of criminal history records and serves as the central each of the past two years. That
repository for Ohio arrest records. In 2010, it submitted more than level of usage was not envisioned
319,500 criminal arrest records to the FBI and entered more than 72,700 when the system came online with
new criminal offender fingerprints into Ohio’s Automated Fingerprint just one application in 2003, and
Identification System (AFIS). in recent years demand began to
outpace the resource’s capabilities.
As a result of a new initiative, the division added more than 340,000
sets of palm prints to AFIS, making it a more robust resource for solving To address increasingly common
crime. Upgrades to the system during the past two years allowed it to problems with system speed and
accept and cross-search palm prints as well as fingerprints, and Ohio availability, the office undertook
law enforcement agencies that had been storing palm prints locally a six-month project to migrate
contributed prints to the project. OHLEG to a new platform. As a
result, the search engine returns
Major contributors were Hamilton County and Cincinnati law results up to eight times faster.
enforcement agencies, which provided 280,000 palm prints; Columbus The upgrade also increased
Division of Police, 110,000 prints; Cleveland Division of Police, 70,000 the speed of transactions and
prints; and West Chester Police Department, 30,000 prints. Thirty-seven decreased downtime for the
other agencies statewide also supplied prints. more than 200 law enforcement
agencies that rely on the OHLEG
Palm prints found at crime scenes already have matched those recently Records Management System for
added to AFIS in 18 cases since the project launched in 2009. maintaining departmental records.

The Attorney General’s Office also used the $2 million Department of Upgrades to OHLEG’s security
Justice grant that made the upgrades possible to create a repository functions have made it possible
for mug shots in AFIS. Local agencies are contributing to that project for agencies to link to databases at
as well, allowing BCI to make the images available to law enforcement the national level.
statewide through the criminal history database.
New tools also were added to
OHLEG, including the Photo
Lineup Wizard, which makes
it easier and faster for law
enforcement agencies to create
photo lineups.
17
Making biometric technology widely available Helping sheriffs track
sex offenders
Two developments have made Ohio a national leader in the use of
biometric identification technology by law enforcement and the courts. The office secured a U.S.
Department of Justice grant to
To help police and sheriffs’ departments identify and apprehend help county sheriffs better track
criminals, the Attorney General’s Office distributed 376 biometric registered sex offenders. Under
identification devices throughout the state. Two types of units were the project, Ohio’s electronic
made available: 288 portable Rapid ID units that officers can carry in Sex Offender Registration and
cruisers and 88 desktop Live ID units for placement in all county jails. Notification (eSORN) system was
Officers and corrections authorities use the units to scan a person’s upgraded to include a phone
fingerprints and transmit them for comparison with prints on file in and e-mail alert function that
Ohio’s Automated Fingerprint Identification System (AFIS) and various sends automated messages to
federal databases. offenders and sheriffs’ offices five
days before offenders are required
“We are pleased with the consistent support shown to us by Attorney to re-register. The system also
General Cordray and his staff in these tough times,” Buckeye State alerts sheriffs if offenders’ contact
Sheriffs’ Association President Timothy Rogers said. “This cutting-edge information is incorrect, signaling
technology will help us catch criminals we might not have caught that they have moved without
previously, and it is being made available at a minimal cost to notifying authorities. The grant
county sheriffs.” also will cover travel expenses for
authorities to return up to 50 of
The Attorney General’s Office also is poised to implement the use of the most serious sex offenders to
biometric technology in Ohio courtrooms. In November, the office Ohio to face prosecution.
was awarded a $200,000 grant through the Bureau of Justice Statistics’
National Criminal History Improvement Program to provide 24 Ohio
courts with Live Scan biometric identification units. Coupled with
equipment purchased in 2009, the new units will enable the Attorney
General’s Office to outfit about 100 courts with the devices in 2011.

Court officials will use the machines to scan the fingerprints of a


defendant, transmit them to AFIS and, if a record exists, quickly
determine the individual’s identity and criminal history. Their use will
close a gap that can occur if an individual is summoned to appear in
court rather than being booked at a law enforcement agency, where
fingerprints normally would be taken. The courts also can use the
equipment to report case dispositions, ensuring that records are
updated as quickly as possible.

The Attorney General’s Office will work with the Ohio Supreme Court
to prioritize distribution of the equipment across the state. The plan is
to place the technology in high-volume common pleas and municipal
courts first and then in juvenile courts.

18
Joining Forces

Providing investigative was met by an undercover


assistance statewide agent in possession of phony Eradicating a bumper
Oxycontin pills. The officer
marijuana crop
BCI’s Investigations Division confiscated the pills, but did
conducted or assisted with not arrest the undercover
criminal investigations in all Ohio agent or log the pills into the
counties in 2010, with the total police department’s evidence BCI agents teamed with local
caseload exceeding 1,235. The room. The officer was placed and federal authorities to seize
division’s special agents, forensic on probation for two years and more than 79,000 marijuana
computer specialists and criminal ordered to perform 250 hours plants, the most confiscated
intelligence analysts help local of community service and since 1997. About half of the
jurisdictions secure and analyze maintain full-time employment. plants were part of large-scale
evidence, follow leads, assist Mexican growing operations
with legal issues and provide BCI helped the small eastern discovered in Licking, Logan,
support services to ensure that Ohio city of Uhrichsville Muskingum, Portage and
investigations are thorough recover part of its heritage in Pike counties.
and productive. March. Burglars broke into the
Uhrichsville Clay Museum twice
Some examples of cases handled in one week in mid-February
this year: and made off with 51 salt- During the course of the
glazed clay artifacts worth an growing season, authorities
A BCI forensic computer estimated $50,000 to $75,000 seized 60 weapons and
specialist rebuilt a damaged — and significant sentimental arrested more than 100
hard drive and recovered value. The items date from the individuals, including 11
evidence that led to the October late 1800s to the 1950s, when Mexican nationals who were
arrest of a former New Century Uhrichsville was known as the growing about 2,500 plants
Financial Enterprises executive Clay Capital of the World, and worth an estimated $5 million.
sought in connection with a had been donated by local
$2.9 billion fraud. The woman families. A BCI special agent
was convicted in March 2008, processed the crime scene, and Of the 70,434 plants seized
but skipped bail and headed he and other agents canvassed during the growing season,
to Mexico. She was sentenced area antique shops. Two days 52,308 were found in
in absentia to 25 years in after they talked with antique Southeast Ohio. Totals for
prison. The evidence recovered dealers and gathered leads, other regions were: Southwest,
from the hard drive, which 40 of the items taken from the 9,773; Northwest, 5,464; and
the woman had attempted to museum were left under the Northeast, 2,889. Using U.S.
destroy, led directly to her arrest carport of a Sugarcreek church. Drug Enforcement Agency
and extradition. Eleven items remain missing. estimates, which indicate that
an average marijuana plant
A 16-year veteran of a Clermont produces about 2.2 pounds
County police department of marijuana worth about
pleaded guilty to tampering $2,200 on the street, the total
with evidence and resigned estimated value of the year’s
after a BCI special agent proved seized plants was about
the officer had been stealing $150 million.
and selling drug evidence.
The officer was dispatched
to investigate a report of an
intoxicated person, but instead

19
Creating a new resource Taking lab services to a new level
for investigators
BCI’s Laboratory Division dropped its turnaround times for testing
The Attorney General’s Office evidence significantly in 2010, returning results to local law enforcement
introduced an online central agencies in an average of 47 days, down from 71 days the year before.
repository for information about Seven lab units — the Chemistry, Combined DNA Index System (CODIS),
Ohio’s missing persons, unsolved Questioned Documents, Firearms, Forensic Biology, Latent Prints and
homicides and unidentified Polygraph units — met BCI’s 45-day benchmark through each of the first
human remains. Housed on three quarters of the year.
the office’s website, the “Open
Investigations” portal (www. The division’s forensic scientists and polygraph examiners completed
OhioAttorneyGeneral.gov/ 29,312 assignments and examined more than 82,500 items of evidence
OpenInvestigations) is the first for law enforcement agencies as of late November.
resource of its kind in the state.
BCI operates three laboratories — in London, Richfield and Bowling
It allows authorities to disseminate Green — and all are accredited by the American Society of Crime
information more quickly and to Laboratory Directors/Laboratory Accreditation Board, which ensures the
a wider audience in hopes cases highest standard of quality. In addition, the DNA and CODIS sections are
can be resolved faster. Anyone externally audited every two years for compliance with the FBI’s DNA
can submit tips via the portal, and Quality Assurance Standards.
family members and friends can
print posters of missing loved ones BCI’s London and Richfield labs introduced robotic equipment in 2009
for distribution in public places. to increase their capacity for DNA testing. The resulting drop in evidence
turnaround times was so impressive with six robots that Attorney
The Attorney General’s Office General Cordray authorized a doubling of robotic equipment by mid-
provides services related to each 2011. Four of the new robots will be dedicated to testing sexual assault
of the portal’s three sections. kits, while the other two will allow BCI to meet a new state requirement
to log the DNA of all felon arrestees.
Ohio’s Missing Children’s
Clearinghouse, which compiles Through August 2010, BCI had tested 334 blood samples using robots,
data on missing children, acts as and of those, 176 — or 53 percent — matched the DNA of a known
a liaison with law enforcement individual in the CODIS database. Eighty-one others matched to a
and raises awareness. The known individual such as an existing suspect, and 15 more linked to
clearinghouse also issues Ohio’s other unsolved cases.
Missing Child Alerts and Missing
Adult Alerts and coordinates with The use of robotics means not only are local law enforcement agencies
law enforcement on AMBER Alerts. receiving results more quickly, but they can rely on BCI to analyze blood
evidence in cases such as burglaries, which the labs could not accept
BCI helps law enforcement solve previously. Using the robots, scientists can extract DNA from samples in
cold-case homicides through its a matter of hours rather than days.
Unsolved Death Initiative. The
bureau also distributes Project In another lab division advancement, an expansion of CODIS lab space
LINK kits, which use a DNA in spring 2010 allowed BCI’s convicted offender DNA testing to occur
standard from a missing person in-house for the first time in the bureau’s history, providing an estimated
or family member for comparison savings of about $500,000 annually.
with unidentified human remains.

20
Joining Forces

PARTNERING ON DIFFICULT ISSUES Cracking down on


meth production

Many issues facing law enforcement today are best handled Attorney General Cordray teamed
collaboratively with agencies at the local, state and federal up with partners across the
levels. In 2010, the Attorney General’s Office teamed up state to introduce face:meth, a
pilot project that connects local
with others across the state on topics ranging from human law enforcement with retailers
trafficking to methamphetamine production. who sell products used to make
methamphetamine. Piloted in
Addressing the scourge of human trafficking Akron, Ashtabula, Clermont
and Highland counties, the
A number of efforts within the Attorney General’s Office are aimed at project is a part of the Ohio
helping the state become a national leader in the fight against human Methamphetamine Pilot Initiative,
trafficking, a growing and complex problem in Ohio and around the funded by a grant from the U.S.
world. A primary focus is the Trafficking in Persons Study Commission, Department of Justice.
which Attorney General Cordray formed and chaired. The group works to
build a greater understanding of the scope of human trafficking and the face:meth addresses the fact
steps necessary to address it. that meth producers favor small,
mobile labs rather than large,
The commission developed a new model to identify and quantify factors home-based operations, making
that draw traffickers to Ohio, provided recommendations to strengthen it increasingly difficult for law
Ohio’s criminal laws, assessed services now available for survivors and enforcement to track the labs.
provided a framework that community groups can adopt to help victims. About 300 meth lab seizures have
occurred in Ohio each of the past
This work was rewarded in December when the Ohio Legislature passed two years.
a bill to make human trafficking a felony punishable by up to eight years
in prison. Meth is unique among illicit
drugs because nearly everything
To raise awareness of the issues surrounding human trafficking and used to make it can be found in a
how best to investigate it, the Ohio Peace Officer Training Academy local supermarket or pharmacy.
developed two online courses. More than 2,700 law enforcement officers Items such as starting fluid, cold
have completed the Awareness of Human Trafficking course, while more packs, matches, coffee filters and
than 1,100 have taken the Responding to Human Trafficking offering. pop bottles can be combined
with the primary ingredient of
In June, the Central Ohio Rescue and Restore Coalition presented pseudoephedrine to make
Attorney General Cordray with its inaugural Promoter of Justice Award the drug.
for his leadership on the issue of human trafficking. In presenting
the award, Michelle Hannan of the coalition said, “Today, victims of The volatile nature of the process
trafficking have a far greater chance of being identified, rescued and makes the manufacture of meth
restored, and traffickers are far more likely to face prosecution, due to extremely dangerous to producers
the dedication and commitment of Attorney General Richard Cordray. as well as to nearby children,
With this Promoter of Justice Award, we would like to extend our neighbors and bystanders. The
deepest thanks for his work to abolish modern-day slavery in Ohio.” toxic waste meth creates also is
harmful to the environment, the
health of the community and the
safety of law enforcement.

21
Gaining Craigslist’s Taking on organized crime
cooperation

In August, Attorney General


The Ohio Organized Crime Investigations Commission
Cordray joined 16 other state (OOCIC) — through the regional task forces it authorizes —
attorneys general in calling on
provides a way for local, state and federal agencies to work
the popular website Craigslist
to remove its adult services together across multiple jurisdictions to investigate and
section because it contained ads prosecute organized crime rings. The commission oversaw 15
for prostitution and prompted
concerns about the possible sex
task forces in 2010.
trafficking of children. Craigslist
complied with the request Among them is the Multi-Jurisdictional Counterfeit Check Task Force,
in September. whose work has resulted in 259 arrests and 58 convictions to date. The
task force addresses the growing problem caused by counterfeiters who
Meanwhile, in an effort to shed produce and cash phony checks in Central Ohio.
light on rampant online fraud,
the Attorney General’s Office Using valid account and routing numbers, the ringleaders print
partnered with Craigslist to counterfeit business payroll checks and then recruit individuals who
provide recourse for customers cash them for a share of the proceeds. Organized groups of check
who have been scammed via the printers have been identified in 18 Central Ohio counties, costing
site. Craigslist placed a link on its merchants, banks and taxpayers hundreds of thousands of dollars.
site enabling Ohioans who are
scammed — or users who see an The task force is made up of several law enforcement agencies,
Ohio-based scam — to submit prosecutors’ offices, the Postal Inspection Service, the U.S. Secret
complaints directly to the Ohio Service, the National Insurance Crime Bureau and investigators from the
Attorney General’s Office. Attorney General’s Office.

Providing funding While operating under the umbrella of the OOCIC, the commission’s
for law enforcement Forensic Audio/Video Laboratory provides video and audio analysis and
enhancement, forensic animation, reconstruction of damaged tapes and
Two hundred law enforcement other services for any local, state or federal agency. As of late November,
agencies statewide received $4.2 the lab’s three forensic audio video analysts had processed 790 items
million for drug use prevention for 114 agencies in 2010. Turnaround times averaged 14 days, although
programs, the most the Ohio often the analysts can assist law enforcement officers while they wait.
Attorney General’s Drug Use
Prevention Grant has ever funded.

The grants supported the


efforts of 380 peace officers in
61 counties working with an
estimated 414,144 students.

22
Joining Forces

ASSISTING CRIME VICTIMS and COMMUNITIES Widening the fight against


domestic violence

Victims of violent crime face many setbacks as a result of Attorney General Cordray and
his staff have created a new force
their tragic and unexpected circumstances. The Attorney
of more than 800 individuals to
General’s Office offers services to aid victims, trainings assist in the fight against domestic
for professionals who assist them and crime prevention violence through Cut It Out.

programs for Ohio communities. The office also oversees The program trains salon
the fund that compensates victims and their families for professionals, cosmetology
certain expenses. students and victim advocates to
recognize the signs of domestic
abuse and refer victims for
safeguarding funds that assist victims assistance. A national program,
Cut It Out was introduced in Ohio
The Attorney General’s Office oversees Ohio’s Crime Victims Reparations in 2004, but had fallen into disuse
Fund, which compensates victims of violent crime and eligible family until Cordray’s staff resumed
members for medical and counseling expenses, lost wages and certain trainings in 2009.
other costs. In fiscal 2010, the fund provided compensation to 4,334
claimants, paying out $10,684,138, an average of $2,465 per award. This year, the staff instructed
31 people who work in victim
The fund also reimburses hospitals for forensic exams performed after advocacy to serve as Cut It Out
suspected sexual assaults. The Sexual Assault Forensic Examination trainers, broadening the program’s
(SAFE) program ensures that victims are not charged for medical reach. Through a partnership the
expenses and that evidence is collected properly for future prosecution. Attorney General established with
The reparations fund paid 6,443 SAFE claims totaling $3,427,676 in the Ohio Board of Cosmetology,
fiscal 2010. stylists who attend the two-hour
training also receive continuing
Efforts Attorney General Cordray’s staff took to address the solvency of education credits.
the Crime Victims Reparations Fund have begun to pay off. The office
identified other revenue sources to cover certain expenses and capped Sarita Spinks of the Domestic
the amount it pays private attorneys to assist crime victims in obtaining Violence Center of Greater
civil protection orders, resulting in a 28 percent decline in spending Cleveland helped organize two
in fiscal 2010. The office also has a statutory duty to hold offenders Cut It Out trainings in Cleveland in
financially accountable for their crimes, and the more than $517,000 October. Afterward, she said the
collected from offenders and other responsible sources contributed to a information and concepts are on
healthier bottom line. The fund stood at approximately $12.5 million at the mark.
the end of fiscal 2010, marking the first time the balance had increased
in five years. “All of those who attended left
with a deeper understanding of
the impact of domestic violence
and a willingness to help,” Spinks
said. “They realized that they are
in a position to help someone in
need and, perhaps, save a life.”

23
Making cyberspace safer for kids Bringing education, funding
to victim advocates
In an effort to increase the online safety of Ohio children, Attorney
General Richard Cordray teamed up with schools, parents and local law Nearly 1,000 crime victim
enforcement to produce Ohio’s first Cyber Safety Week in October. The advocates, law enforcement
observance raised visibility about the dark side of technology, including officers, attorneys and victims
cyber bullying, “sexting” and online predators. attended the Attorney General’s
Two Days in May Conference,
Presentations reached more than 7,000 students and nearly 200 parents which this year provided
statewide. The Attorney General’s Office also partnered with InfOhio, a information on financial
network for schools, and the South Central Ohio Computer Association exploitation, shaken baby
to present a statewide webinar for about 50 teachers and librarians. syndrome, elder abuse, serial rape
and other topics.
The office’s cyber safety demonstrations in schools have reached about
70,000 children and teachers during the past two years. The nationally recognized event
features speakers and workshops
The presentations bring alarming stories to light. For instance: that examine current issues
affecting crime victims and best
A fifth-grader said she had been receiving creepy e-mails that scared practices for victim advocates.
her so much that her mom had to sleep in her room.
The 2010 Promising Practices
Students disclosed that a boy has been sending them naked pictures Award went to Wood County’s
of himself for a year and no one had told an adult. Center for Access to Safety and
Justice, which provides free
An elementary school student said he had considered suicide as a household goods to individuals
result of being bullied. fleeing violent situations. The
Attorney General’s Special
Protecting and empowering seniors Achievement Award honored Polly
Germer of the Children’s Advocacy
The Attorney General’s Office partnered with Ohio law enforcement Center of Portage County, a victim
groups in a statewide effort to protect and empower senior citizens advocate who has dedicated 25
through the creation of organizations known as Triads. These teams years to serving abused children.
of law enforcement leaders, seniors and advocates help older
residents learn of the scams and crimes that target them, increase Hundreds of victim service
their communication with law enforcement and make them aware of organizations throughout the state
community resources. received more than $17 million in
grant funding from the Attorney
Triads now exist in 23 Ohio counties, up from about six previously. General’s Office in 2010. The state
Partnering in the effort were the Buckeye State Sheriffs’ Association, and federal dollars will be used to
Ohio Association of Chiefs of Police, Ohio Crime Prevention Association, fund projects that assist victims
Ohio Department of Aging and National Association of Triads Inc. of elder abuse, domestic violence,
human trafficking and other
violent crimes in all 88 counties.

24
Joining Forces

Supporting the important work of prosecutors

Attorney General Cordray’s Criminal Justice Section


maximizes the legal resources available throughout the
state by assisting with complex cases, fighting to uphold
convictions and sentences, and defending against civil suits.
Earning national
recognition
Assisting with major cases

The Special Prosecutions Unit assisted with cases in almost a third of


Ohio counties during the year. Its attorneys are assigned to offices Principal Assistant Attorney
around the state, a strategy implemented in the first year of Attorney General Chuck Wille, who
General Cordray’s term to make them more accessible throughout Ohio. heads the Capital Crimes Unit,
The unit assists with major felony cases such as homicides, child sex received an Appellate Award
offenses and public corruption, working alongside county prosecutors for Outstanding Advocacy
or taking over a case if a prosecutor has a conflict of interest. in Capital Cases from the
Association of Government
State v. Eugene Blake: This 28-year-old cold case was solved through the Attorneys in Capital Litigation.
work of Belmont County officials, the Bureau of Criminal Identification
and Investigation and Special Prosecutions. Mark Withers, 21, was shot
to death, and his girlfriend,17, was repeatedly raped late at night in a
Bridgeport park. BCI developed a DNA profile of the killer from evidence The national award recognized
preserved in 1982. When entered in the CODIS database, the profile Wille’s work on capital cases,
matched the DNA of Eugene Blake, who was in prison for the sexual including lethal injection
assault and murder of a 13-year-old in 1984 and was eligible for parole litigation, and cases that
in 2011. The Special Prosecutions Unit and Belmont County Prosecutor’s received favorable decisions
Office prepared the case for trial, which was about to start when Blake from the U.S. Supreme Court
pleaded guilty. He was sentenced to life in prison. or an en banc panel of the U.S.
Court of Appeals for the
Upholding death sentences 6th Circuit.

The Capital Crimes Unit works to uphold lawfully imposed death


sentences and assists prosecutors by participating in capital litigation
in state courts and responding to clemency requests prior to execution.
The unit was responsible for 135 aggravated murder cases with death
sentences in various stages of federal review or the clemency process.

State v. Spisak: The U.S. Supreme Court reinstated the death sentence
of Frank Spisak, who killed three people during a hate-inspired shooting
spree at Cleveland State University. At trial, Spisak testified that he
adhered to the teachings of Adolf Hitler and promised to continue
his murder campaign. A Cuyahoga County jury convicted Spisak and
recommended the death sentence. The Ohio Supreme Court affirmed
the conviction and sentence, however, the U.S. Court of Appeals for the
6th Circuit set aside the sentence, ruling that the trial court had given
improper instructions to the jury and that Spisak’s attorney had made an
inappropriate closing argument. Attorney General Cordray argued the
case before the U.S. Supreme Court, which reinstated the sentence.

25
Ensuring convictions upheld

The Habeas Unit represents the Ohio Department of Rehabilitation


and Correction (DRC) in federal and state habeas corpus litigation
brought by inmates who claim their convictions or prison sentences
are unconstitutional. The unit defended more than 400 new habeas
petitions and was successful in having the original convictions and
sentences upheld in 98 percent of the cases.

Garr v. Warden: The Ohio Supreme Court unanimously agreed with the
Attorney General’s argument that the mandatory 10-year sentencing
enhancement Ohio law provides for those convicted as “major drug
offenders” can be applied to an offender who offers to sell illicit drugs Providing free training
even if the drugs are not recovered. The decision represented a major for prosecutors
victory for law enforcement.

Defending against inmates’ claims


More than 270 prosecutors
The Corrections Unit, which represents DRC and the Department from across Ohio attended
of Youth Services (DYS) in civil suits brought by inmates, is actively a free, two-day training the
defending 290 suits in state or federal courts. It has been successful Attorney General’s Office
in obtaining dismissals in more than 90 percent of such suits. Five presented on prosecuting
major class-action suits brought against DRC and DYS affect how they capital cases. The offering,
must confine inmates, and any adverse rulings could increase the which brought prosecutors up
departments’ operational costs by millions of dollars. to date on legal developments
in capital case litigation and
Allen v. Collins: The unit has maintained a strong record in defending the latest forensic investigation
inmates’ many challenges to the decision-making of the Adult Parole procedures, provided free
Authority. In August, a U.S. District Court granted the Attorney General’s continuing legal education
motion for summary judgment to dismiss a suit brought by 28 inmates hours. It was made possible
who challenged parole guidelines. by a $100,000 Department
of Justice grant and will be
Defending lethal injection protocol followed by a more advanced
training on the topic in 2011.
The Attorney General’s Office successfully defended multiple challenges
to the constitutionality of the state’s one-drug lethal injection protocol,
which Ohio became the first state to implement in 2009. Nine executions
have been carried out using the protocol, including eight in 2010.
Washington has since adopted a similar method of lethal injection, and
California officials are studying the issue.

26
Joining Forces

Overseeing Peace Office Training

The Ohio Peace Officer Training Commission oversees the


Competing for ‘Top Shot’
training and certification of all Ohio peace officers as well as
that of private security and corrections employees, jailers,
bailiffs and law enforcement canine units. One of its primary OPOTA firearms instructor
Chris Cerino brought national
tasks is overseeing the Ohio Peace Officer Training Academy acclaim to the academy when
(OPOTA), which was given Flagship Agency status in 2010 he finished second in the
History Channel’s first-ever
by the Commission on Accreditation of Law Enforcement reality series, “Top Shot.” The
Agencies (CALEA). show was designed to identify
the nation’s best marksmen.
Through October, the commission oversaw 457 basic training school
openings, administered 2,313 final examinations and issued 4,837 basic
training certificates. It also approved 492 canine unit certifications and An instructor on OPOTA’s
processed 920 requalification certificates for firearms instructors. Richfield campus, Cerino and
15 others were chosen to
OPOTA provides advanced training for law enforcement officers across compete from a field of more
the state on a full range of crime-fighting topics, such as gangs, firearms, than 6,000 applicants. The
SWAT, precision driving, crime scene management and more. The 10-week series began in June
Flagship Agency status it earned in 2010 from CALEA recognizes OPOTA and concluded in August with
as a model in compliance, policy development, records maintenance Cerino having outperformed
and other issues. military experts and master
competition shooters.
Academy courses are taught on a main campus and at a tactical training
center, both in London, Ohio, and on a satellite campus in Richfield.
Instructors taught about 530 course sessions with a total enrollment of “Even though he didn’t win the
more than 9,300 in 2010. competition, Chris is still a big
winner,” Pickington Police Chief
Taking into consideration the tight budgets facing law enforcement Michael D. Taylor said in a letter
agencies around the state, OPOTA conducted 110 free regional training to the Attorney General. “To
sessions in collaboration with other agencies. The sessions — on topics go as far as he did in the game
ranging from gang investigations to supervision — reached more than was magnificent.”
5,300 law enforcement officers statewide.

OPOTA also added a record number of offerings to eOPOTA, a free Web-


based instruction program that now features 53 courses. Ohio peace
officers completed nearly 22,000 course sessions. The most popular
sessions focus on recently enacted Senate Bill 77, human trafficking
and exploitation of senior citizens, all of which provided continuing
professional training credit. OPOTA staff members also updated
eOPOTA’s courses on search and seizure and confessions
and interrogations.

27
ADVOCATING
FOR OHIO
WITH PROFESSIONALISM
AND INTEGRITY

The earliest and most fundamental role of the Ohio


Attorney General’s Office is to provide professional
legal service to its clients, which are state agencies
and offices and, by extension, the people of the state
of Ohio whom those entities represent. In 2010,
the office won key cases at the highest levels of the
state and federal court systems while fighting for the
interests of the state, its people and its resources.

30
Advocating for Ohio

Excellence
in writing
Representing Ohio in Court
For the first time since 2001,
Since Attorney General Richard Cordray took office in January the Ohio Attorney General’s
2009, the U.S. Supreme Court has heard four cases from Ohio, Office was recognized with
a Best Brief Award by the
including one that Cordray personally argued. Ohio won the National Association of
first three cases unanimously, while the fourth case Attorneys General. Solicitor
General Benjamin C. Mizer,
is pending. Chief Deputy Solicitor General
Alexandra T. Schimmer,
Levin v. Commerce Energy: In a unanimous opinion handed down in
Deputy Solicitors Stephen
June, the U.S. Supreme Court reversed the federal appeals court and
P. Carney and Elisabeth A.
held that federal courts had no jurisdiction to hear a case in which a
Long and Assistant Attorney
company challenged the way Ohio taxes certain natural gas companies.
General Barton A. Hubbard
The court agreed with the Attorney General’s Office that the case was
were praised for their
within the state’s jurisdiction, ensuring that Ohio courts can keep watch
exceptional work in addressing
over its own tax system.
the fundamental issue of
federalism in the United States
Supreme Court case Levin v.
Commerce Energy.

Success in court
The Attorney General’s Appeals
Section represents Ohio in
significant cases before the
U.S. Supreme Court and Ohio
Supreme Court, which hear
Appeals Section wins in 2010
only a small number of cases
each year. A party must first
U.S. Supreme Court: 100% (1 of 1 case)
petition the court to accept a
case for review and, if successful, Ohio Supreme Court: 80% (4 of 5 cases)*
persuade it to rule in its favor.
When the Attorney General’s * Figures exclude one case settled with a mixed opinion.
Office asks the Ohio Supreme
Court to hear a case, it’s likely to
listen. The Appeals Section’s 71
percent acceptance rate is far
above the 10 percent average.

31
Earning recognition
for service
Protecting Lake Erie’s native fish population

In the early 1970s, two species of Asian carp were imported to the lower Jennifer A. Adair, assistant
Mississippi River Basin as an experiment aimed at controlling algae in attorney general in the Court
ponds. During a flood, the invasive fish escaped into streams and rivers of Claims Defense Section,
and rapidly migrated north via the Mississippi River and its tributaries. earned a 2010 District 7
Along the way, they significantly disrupted or displaced native fish Community Service Award
populations in their natural habitats. for Attorneys 40 and Under
from the Ohio State Bar
Despite attempts to control their migration and prevent their Foundation. The foundation
movement, one of the fish was found six miles from Lake Michigan — presented the award in
the gateway to the Great Lakes and Lake Erie — jeopardizing Ohio’s $980 recognition of Adair’s
million fishing and tourism industries as well as existing habitat. volunteer work to assist
minorities in their pursuit of
Ohio Attorney General Cordray and his counterparts in four other states law careers.
bordering the Great Lakes filed suit in June seeking the court’s assistance
in protecting against the spread of Asian carp into the Great Lakes
through the Chicago Area Waterway System. The lawsuit requested Adair has spent the past
construction of a permanent physical barrier between the Great Lakes seven years as a Teen Court
and Mississippi River basins. Although a judge denied a preliminary hearing officer with the
injunction to force the barrier’s construction, the case was still pending Franklin County Court of
as of mid-December. Common Pleas. Teen Court
allows students who are
first-time offenders to clear
Upholding minimum wage requirements their criminal records by
completing a diversion
Cordray v. Angels Learning Center: In the largest minimum wage case program in which they receive
in Ohio history, the Attorney General’s Office secured a default judgment their sentences from other
of more than $1 million in lost wages and civil penalties against Angels teens. Teen defendants, in
Learning Center LLC of Columbus for failing to pay employees at least turn, serve as jurors, attorneys
minimum wage. The lawsuit, filed in September 2009 on behalf of and bailiffs in the cases of
the Ohio Department of Commerce, accused the learning center of their peers.
refusing to pay 150 employees more than $400,000 due them for work
performed from Aug. 1, 2007, through Dec. 31, 2008.

Adair says her reward comes


Bergman v. Monarch Construction: The Attorney General’s Office
when she hears from grateful
filed an amicus brief to support a group of 36 underpaid construction
students who passed through
workers in their efforts to uphold full and fair application of prevailing
the program years earlier.
wage laws. The brief was aimed at ensuring that companies meet their
obligations and pay full penalties if they underpay their workers. In a
March ruling, the Ohio Supreme Court agreed.
“With every conversation
I have in Teen Court, I try
to make it personal to the
student because I never know
if I am the only one telling
them that their dreams are
possible,” she said.

32
Advocating for Ohio

Protecting workers from Demanding truth in Supporting Schools


secondhand smoke election advertising
When Cleveland-area Greater
The Attorney General’s Office In Susan B. Anthony List v. Rep. Heights Academy failed to pay
and the Ohio Department of Driehaus and Coalition Opposed for busing services, Community
Health filed lawsuits against five to Additional Spending v. Ohio Bus Services tried to garnish the
establishments for evidence Elections Commission, the Attorney school’s aid payments from the
of repeated and intentional General’s Office defended the state. In Community Bus Services
violations of the Smoke Free Ohio statute that prohibits the v. Greater Heights Academy, the
Workplace Act. The lawsuits were intentional use of false statements Cleveland Municipal Court and
the first to be filed since the act in election advertising. Both the 8th District Court of Appeals
took effect in 2007. In November, plaintiffs in the federal suits unanimously agreed in November
the 10th District Court of Appeals claim the law violates their First 2009 with the Attorney General’s
sided with the Attorney General’s Amendment rights. The office was position that sovereign immunity
efforts to enforce the law. successful in turning back requests does not permit a private
for emergency orders, allowing the company to garnish state aid
Shielding kids from porn state to continue to enforce the payments. In May, Community
law in the days leading up to the Bus Services appealed to the Ohio
In Cordray v. American Booksellers election. Both cases are pending. Supreme Court, but the court
Foundation for Free Expression, declined to hear the case.
the U.S. Court of Appeals for Defending Ohio’s
the 6th Circuit agreed with the anti-gambling laws Ensuring fair settlement
Attorney General’s Office and
ruled in April to uphold the In Pickaway County Skilled Gaming Approximately 120,000 owners
state’s new law that prohibits v. Cordray, the Attorney General’s nationwide of 2003 to 2008
disseminating pornography Office successfully defended Honda Civic Hybrids filed a class
and other harmful materials to against a constitutional challenge action lawsuit in 2007 claiming
juveniles. At issue in the case was to an Ohio anti-gambling law that that Honda knowingly advertised
an Ohio law prohibiting adults places a $10 limit on the value of unrealistic fuel efficiency rates.
from sending material defined as any prize awarded by a skill-based Without admitting wrongdoing,
“harmful to juveniles” — such as amusement machine. The limit is Honda agreed to settle the lawsuit
pornography — directly to minors designed to prevent overspending and offered Civic owners a coupon
by electronic means. A group induced by the lure of a big voucher for a discount on the
of online publishers challenged prize and to discourage machine purchase of another Honda with
the law, arguing that it violated operators from converting restrictive stipulations.
their free speech rights under the machines into chance-based
First Amendment. The Attorney gambling machines. Although a On behalf of Ohioans affected
General argued that the law is lower court threw out the law, the by the settlement, the Ohio
constitutional and does not sweep Ohio Supreme Court in October Attorney General’s Office joined
as broadly as the online publishers sided with the Attorney General’s 25 other state attorneys general in
claimed. The court agreed. contention that the law is valid. opposing the settlement because
car owners would benefit only if
they bought another Honda. The
district court agreed and rejected
the settlement. The states are
awaiting a revised proposal from
the car company.

33
Upholding drug laws
Encouraging
In Doe v. Ronan, the Ohio Supreme Court agreed with the Attorney careers in law
General’s Office in its efforts to uphold a state law that prohibits school
districts from renewing the contracts of employees convicted of drug
crimes, even if the crime was committed before the person was first Assistant Attorney General
hired and before the law took effect. Mahjabeen Qadir feels
rewarded as she watches
In Garr v. Warden the Ohio Supreme Court agreed with the Attorney high school students argue
General’s Office that a drug trafficker should receive a sentence their mock trial cases. Qadir
that directly correlates with the size of the deal, even if it was never has spent nearly six years
completed and the drugs were never found. coordinating the district and
regional Ohio high school
Supporting pivotal cases mock trial competition. Thirty
teams from across the state
The Attorney General’s Office supported the legal positions of others by participate in the district
filing amicus briefs on these issues: competition after spending
a semester studying civics.
Ensuring transparency in Keeping criminals off the
Teams argue the same case
government: In Doe v. Reed, streets: A Dayton-area man
from both the plaintiff’s and
Ohio led other attorneys general charged with rape was found to
defendant’s perspective and
in support of the State of be mentally ill and incompetent
those that win each mock trial
Washington’s efforts to maintain to stand trial. In State v. Williams,
advance to regionals.
that signatures collected for the Attorney General’s Office
petitions are public record. The supported Montgomery County
U.S. Supreme Court agreed in persuading the Ohio Supreme In the upcoming competition
in June. Court to reinstate an important starting in February 2011,
law that would allow someone participants will analyze an
Protecting child victims: charged with a violent offense individual’s rights to claim
In State v. Arnold, the Attorney to be committed to a hospital the body parts of a deceased
General’s Office won a partial or treatment facility in order family member.
victory in helping to ensure to protect the community and
that children who are victims help the ill defendant. The court
of crime won’t have to talk sided with Montgomery County
Ohio’s longest-standing
repeatedly to police or testify in in June.
academic contest, the mock
court. The Ohio Supreme Court
trial competition is sponsored
ruled in June that recorded
by the Ohio Center for Law-
statements made to a social
Related Education. It requires
worker may be used in court to
60 volunteer judges, about half
convict a criminal.
of whom are typically assistant
attorneys general.

34
Attorney General’s Staff

Administration Sections and Offices

Richard Cordray, Attorney General Antitrust Employment Law


Jennifer L. Pratt, Section Chief Michael McPhillips, Section Chief
Chris Glaros, First Assistant
Attorney General Appeals Environmental Enforcement
Benjamin C. Mizer, Solicitor General Dale T. Vitale, Section Chief
Sherry Maxfield, Chief Counsel
Bureau of Criminal Identification Executive Agencies
John Lenhart, Deputy Attorney and Investigation John Williams, Section Chief
General for Law Enforcement Peter Tobin, Superintendent
Health Care Fraud
Sue Hamilton, Chief Operating Business Counsel Keesha Mitchell, Section Chief
Officer of Administration Stacey Bennett, Section Chief
Health and Human Services
Helen Ninos, Chief Operating Charitable Law Jonathan Fulkerson, Section Chief
Officer of Human Resources Pete Thomas, Section Chief
Information Technology
Albert Lin, General Counsel Civil Rights Michael Sawczyn,
Lori A. Anthony, Section Chief Chief Information Officer
Sarah Lynn, Deputy Chief Counsel
Collections Enforcement Labor Relations
Susan Ashbrook, Deputy Chief Marcia Macon-Bruce, Section Chief Anne Hoke, Acting Section Chief
Counsel
Constitutional Offices Legal Service
Luke Blocher, Executive Assistant Kent Shimeall, Section Chief Russ Balthis, Section Chief
Attorney General, Planning and
Analysis Consumer Protection Ohio Peace Officer Training
Susan Choe, Section Chief Commission and Academy
Leesa Brown, Executive Director of Robert Fiatal, Executive Director
Policy and Public Affairs Court of Claims Defense
Paula Paoletti, Section Chief Opinions Section
Zoe Berry, Kevin McIver, Section Chief
Chief Financial Officer Crime Victims Assistance
and Prevention Ohio Organized Crime
Robin Hurst, Jennifer Day, Section Chief Investigations Commission
Director of Legislative Relations Jeff Rossi, Executive Director
Criminal Justice
Jim Slagle, Section Chief Public Utilities
Duane W. Luckey, Section Chief
Education
Rebecca Albers, Section Chief Revenue Recovery
Darla Reardon, Section Chief

35
Regional Offices

Taxation Cincinnati Office


Larry Pratt, Section Chief Chris Wagner, Managing Attorney
441 Vine St.
Tobacco Enforcement 1600 Carew Tower
Susan Walker, Section Chief Cincinnati, OH 45202

Transportation Cleveland Office


Rick Makowski, Section Chief Mark Mastrangelo,
Managing Attorney
Workers’ Compensation 615 W. Superior Ave., 11th Floor
Patsy Thomas, Section Chief Cleveland, OH 44113-1899

Toledo Office
Rick Baum, Managing Attorney
1 Government Center
Suite 1340
Toledo, OH 43604

Youngstown Office
Cynthia Kravitz, Managing Attorney
20 W. Federal St., 3rd Floor
Youngstown, OH 44503

36
Ohio Attorney General
Richard Cordray
30 E. Broad St., 17th Floor
Columbus, OH 43215

(800) 282-0515
www.OhioAttorneyGeneral.gov

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