Anthony O. Calabrese, III was sentenced to nine years in
prison and ordered to pay more than $200,000 for his role in a series of
bribery schemes involving Jimmy Dimora, Frank Russo, J. Kevin Kelley,
and others uncovered as part of the Cuyahoga County corruption
investigation, federal law enforcement officials said.
“Anthony Calabrese misused his status as an attorney to facilitate
bribes and foster corruption,” said Stephen D. Anthony, Special Agent in
Charge of the Federal Bureau of Investigation’s Cleveland Office.
“Today’s sentence reflects the fact that Calabrese was deeply involved
in a variety of bribery schemes involving a school district, a halfway
house, and the infamous trip to Las Vegas, just to name a few.”
“His criminal conduct spanned his entire legal career,” Assistant U.S. Attorney Antoinette Bacon said in court.
Calabrese, 40, of Chagrin Falls, Ohio, previously pleaded guilty to
18 counts which detail improper payments of nearly $550,000. The counts
include racketeering; conspiracy to commit mail fraud and honest
services fraud; Hobbs Act conspiracy; bribery concerning programs
receiving federal funds; conspiracy to commit mail fraud; and mail
fraud.
U.S. District Judge Sara Lioi sentenced Calabrese to 108 months in
prison and ordered him to pay $132,041 in restitution—$120,970 to
Cuyahoga County and $11,071 to Parma schools. Calabrese has already
forfeited $74,450
The racketeering charge involves conduct that took place between 2001
and 2009 in which Calabrese gave things of value to public officials
and their designees in return for public officials taking and promising
to take official action that benefitted Calabrese, Law Firm 1 (where
Calabrese was an associate and partner), their clients, and designees,
according court documents.
Specifically, Calabrese participated in a scheme in which he and
Cuyahoga County employee J. Kevin Kelley helped obtain tax exempt status
for the property leased by Alternatives Agency around January 2004,
according to court documents.
In September 2004, after a tax refund check was issued to
Alternatives Agency for $144,216.26, Calabrese instructed Alternative
Agency to issue a check to Business 45 for $72,000 and classify the
expense as consulting, despite Calabrese knowing that Business 45
performed no consulting services for Alternatives Agency to justify the
expense, according to the indictment.
Business 45, in turn, issued checks payable to Calabrese for $31,500
and to J. Kevin Kelley Consulting LLC for $35,500. Business 45 kept the
remaining $5,000, according to the indictment.
In another scheme, Calabrese lobbied Kelley (a member of the Parma
School Board) and other members of the Parma School Board in January
2005 to contract with Business 9 to serve as project manager for a
renovation project. Business 9 was a construction company that
specialized in stone and brick masonry and was a client of Law Firm 1,
according to court documents.
In September 2005, the Parma School Board, with Kelley voting in
favor, awarded a contract worth $1.8 million to Business 9, according to
court documents.
Calabrese and Kelley arranged for Business 9 to hire The Eagle Group,
a consulting company formed by Daniel P. Gallagher. In August 2009,
Business 9 sent a check for $15,000 to Eagle. Gallagher then paid a
portion of that money to Kelley and Kevin Payne, according to court
documents.
Other conduct detailed in court documents includes Calabrese, Kelley,
Brian Schuman, former Cuyahoga County Auditor Frank P. Russo, and
former Cuyahoga County Commissioner James C. Dimora conspiring to
increase the funding for Alternatives Agency.
In or around January 2008, Calabrese, who served as legal counsel for
Alternatives Agency, instructed Schuman, an employee of Alternatives
Agency, to increase Kelley’s monthly consulting fee by $2,000 for four
months for the purpose of funding expenses associated with a Las Vegas
trip for Dimora, Russo, and Public Employee 55, according to court
documents.
In or around 2003, Prudoff began receiving payments from Alternatives
Agency on a monthly basis, purportedly for consulting work. When BE39
informed Calabrese that Alternatives Agency received no work product
from Prudoff, Calabrese told BE39 that Prudoff was consulting on a
Lorain expansion project, according to court documents.
BE39 questioned why Alternatives Agency was paying Prudoff, since he
was the community development director for Lorain and it would be within
his job requirements to assist companies such as Alternatives Agency,
who were interested in developing facilities in Lorain. Calabrese
insisted that BE39 continue to cause Alternatives to pay Prudoff,
according to court documents.
Calabrese did not inform the Alternatives board about the payments
for consultants on a Lorain expansion project and the board did not
approve payments to any such consultant, according to court documents.
In or around June 2005, Calabrese told BE39 that Prudoff had some
issues arise and Prudoff’s monthly payment should be issued to Relative
2, who was related to Prudoff’s girlfriend, according to court
documents.
In or around July 2005, Calabrese and Prudoff assisted Relative 2 in
forming Business 46. On or about July 25, 2005, Alternatives Agency
began issuing checks to Business 46 for approximately $4,000 on a
monthly basis, according to court documents.
Prudoff provided favorable consideration to Calabrese and his
designees on business matter unrelated to Alternatives Agency in return
and in exchange for the consulting fees that Calabrese caused Prudoff
and Business 46 to receive from Alternatives, according to court
documents.
In another case, Business 43 was incorporated in the state of Ohio in
March 2005, and Calabrese’s relative (Relative 1) was the registered
agent for the company. Calabrese caused Alternatives to engage Business
43’s services but concealed from Alternatives his relative’s
relationship to Business 43 and did not disclose to them that Relative 1
performed little or no work for Alternatives to justify the fees paid,
according to court documents.
In or around 2002, Calabrese influence Alternatives to hire A.C.
Sinagra and Associates. In January 2006, A.C. Sinagra and Associated
entered into a contract setting a monthly consulting fee at
approximately $1,500, according to court documents.
In March 2006, Calabrese and Sinagra agreed that Calabrese would
cause Alternatives to increase its payments to A.C. Sinagra and
Associates, and Sinagra would use the additional funds to pay persons or
entities identified by Calabrese in the amounts Calabrese designated,
according to court documents.
Calabrese first suggested Sinagra make consulting payments to
Relative 1 through Business 43. He later asked Sinagra to pay Calabrese
through Burlwood Holdings, an LLC formed in 2004 and controlled by
Calabrese, according to court documents.
Calabrese also asked Sinagra to pay Relative 2, and Sinagra agreed to
both requests. Sinagra performed no legitimate work for Alternatives to
justify the increase in his fee, according to court documents.
In May 2006, Alternatives increased Sinagra’s monthly fee from $1,500
to approximately $6,000. In May 2006, A.C. Sinagra Company issued a
check to Relative 2 for $2,000 and Berlwood Holdings [sic] for $2,000.
This continued through November 2007, according to court documents.
In sum, Calabrese caused Alternatives to make payments to Prudoff and
Relative 2 between July 2003 and March 2006 totaling approximately
$144,000, according to court documents.
Calabrese caused Alternatives to make payments to Business 43 between
March 2005 and March 2006 totaling approximately $12,950, according to
court documents.
Calabrese caused Alternatives to make payments to A.C. Sinagra and
Associates between January 2002 and November 2007 totaling approximately
$190,500, according to court documents.
Calabrese caused Alternatives to make payments to J. Kevin Kelley
Consulting between October 2004 and August 2008 totaling approximately
$201,473, according to court documents.
Regarding count 9, Relative 1’s brother was Attorney 6. Attorney 7
was Calabrese’s relative and formerly related to Relative 1. On or about
February 2, 2009, Calabrese told BE39 that Calabrese and Attorney 7 had
met with Attorney 6. Calabrese asked BE39 to meet with Attorney 6,
according to the indictment.
BE39 met with Attorney 6 on February 2, 2009. Attorney 6 told BE39
that Calabrese and Attorney 7 wanted Attorney 6 to meet with BE39 to go
over the script, according to court documents.
Attorney 6 instructed BE39 that if anyone questioned BE39 about
Relative 1, BE39 should say that BE40 and BE39 hired Relative 1 to work
out of her home to help with the Lorain expansion, which Calabrese and
BE39 knew was not true, according to court documents.
This case was prosecuted by Assistant U.S. Attorneys Antoinette T.
Bacon and Nancy L. Kelley. The investigation was conducted by the
Cleveland Field Office of the Federal Bureau of Investigation and the
Internal Revenue Service.