The Columbus Dispatch

Ex-ohio GOP leader says feds overcharge­d him

- Jessie Balmert

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.

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