Ex-ohio GOP leader says feds overcharged him
Former Ohio Republican Party Chairman Matt Borges wants his conviction in the state’s largest bribery scandal thrown out, his attorney argued in a Monday filing.
Borges’ attorney Dennis Belli argued that federal prosecutors didn’t prove their case and that U.S. District Court Judge Timothy Black abused his discretion by allowing certain evidence while blocking other testimony.
“He is serving a lengthy prison term as a consequence of the government’s abuse of its charging and prosecuting authority,” Belli wrote.
Borges’ role in the scandal revolved around a $15,000 payment he made to political operative Tyler Fehrman in exchange for the number of signatures collected in a ballot effort to block House Bill 6. Fehrman and his colleagues hoped voters would reject House Bill 6, which included a $1.3 billion bailout for two nuclear plants then-owned by Akron-based Firstenergy Solutions.
Firstenergy and its allies spent millions to help elect Republican Larry Householder as speaker of the Ohio House of Representatives, pass House Bill 6 and defend it against this ballot campaign to block the law. The company also admitted it bribed ex-public Utilities Commission of Ohio Chairman Sam Randazzo, who has pleaded not guilty.
Black sentenced Borges to five years in prison for his role in the scheme.
Householder, who was considered the ringleader, was sentenced to 20 years in prison. Both men have appealed their convictions.
In his appeal, Borges’ attorney argued:
● Prosecutors did not prove that Borges entered into a conspiracy with at least one other member of the scheme to commit at least two crimes that fall under the umbrella of racketeering.
● Prosecutors did not prove that disclosing the number of signatures collected would have harmed Fehrman’s employer. Fehrman ultimately never shared a signature count.
● The state law that prosecutors used to convict Borges was applied too broadly in his trial. “If Fehrman had been an employee or agent of the ballot campaign (he was not), a prosecution of Borges in the state courts would have exposed him to possible conviction and sentence for a relatively minor misdemeanor offense,” Belli wrote.
● Judge Black should have allowed testimony that “HB 6 proponents routinely consulted with legal counsel in the ordinary course of organizing their fundraising activities.” The judge should not have allowed the signature collection firm’s owner to detail bullying tactics used against his employees.
Borges asked the appeals court to acquit him of the racketeering charge or order a new trial. Federal prosecutors will make their case in a filing due in February. Householder’s brief is due next week.
Jessie Balmert is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.