Professional Documents
Culture Documents
Richard Cordray
Annual
Report 2010
Table of
Contents
Sincerely,
Richard Cordray
Ohio Attorney General
1
fighting for
ohioans
from wall street
to main street
4
Fighting for Ohioans
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.
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.
5
Major securities action STANDING UP FOR CONSUMERS
moves forward
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
6
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
7
Pushing for reform,
preserving state authority
8
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.
10
Fighting for Ohioans
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.
12
Fighting for Ohioans
Attorney General Cordray worked to reward veterans’ service, punish those who profit at
their expense and give families peace in their hours of mourning.
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.
13
Joining forces to
fight crime
in support of law enforcement,
prosecutors and victims
16
Joining Forces
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.
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
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
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
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.
22
Joining Forces
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
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
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.
26
Joining Forces
27
ADVOCATING
FOR OHIO
WITH PROFESSIONALISM
AND INTEGRITY
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.
32
Advocating for Ohio
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
35
Regional Offices
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