BY SANDY THEIS
Enquirer Columbus Bureau
COLUMBUS - Democrats sought a way Thursday to officially pursue charges that Republican Gov. George Voinovich approved an alleged scheme to launder money from his campaign to his brother and a Statehouse lobbyist.
The Ohio Elections Commission is probing the charges, which the governor has denied.
A Youngstown-area Democratic leader, however, filed a nearly identical complaint Thursday. The complaint, by labor leader Harold Nichols, asks that the panel consolidate his case with the previous one and hire an "investigatory attorney" who would act much like a special prosecutor.
"Strategically, this allows us to be involved in the presentation of the case to the commission," explained Donald McTigue, a Columbus attorney representing Mr. Nichols.
Unusual process
Had Mr. McTigue not filed the case on behalf of his Democratic client, no one would be responsible for presenting the evidence to the commission. The reason: The complaint landed before the commission through an unusual process.
Normally, complaints are filed by one candidate against another. The candidate who files the complaint makes the case, much like a prosecutor would. The candidate against whom the case is filed plays the role of defense attorney.
The initial case against Gov. Voinovich, however, was referred to the panel by Secretary of State Bob Taft, who was elected to succeed Mr. Voinovich as governor.
Mr. Taft's evidence in the case came from Franklin County Prosecutor Ronald O'Brien, who received it from the FBI and IRS. The federal agencies are investigating, among other things, the business practices of Paul Voinovich, the governor's brother, who owns a Cleveland-based architectural and construction firm.
Although Mr. Taft's office referred the case, it does not present the evidence in such matters. The responsibility for determining whether any violations occurred rests with the bipartisan elections commission.
The elections commission scheduled a Dec. 10 hearing to decide how to proceed on the initial complaint. It can dismiss the case, impose sanctions or refer the matter to the local prosecutor.
Executive Director Phil Richter said he expects the panel will consolidate the two cases, but said it's too early to tell whether an investigatory attorney is needed.
In his motion to the commission, Mr. Nichols argues that an investigatory attorney is needed to sort through the complex allegations and assure that all the necessary evidence is obtained.
"The very serious nature of the allegations, combined with the prominence of the respondents, argue in favor of appointment of an investigatory attorney," the motion states.
Even without the attorney or the consolidation, Mr. McTigue would be permitted to press the case against the governor. He also would be permitted to take sworn statements from the governor and other parties to the case.
The governor's lawyer, David Young, noted that the new complaint is based on identical facts as the old one and said he sees no legal reason for the new filing.
"This is an obvious attempt to turn this into a circus, rather than treat it with the dignity that it deserves," he said.
Both cases center on allegations that Mr. Voinovich, his brother, officials from Paul Voinovich's architectural firm and others violated Ohio's election law, according to the election commission's official complaints.
Mr. Voinovich and his brother are under investigation for allegedly misrepresenting the nature of an expenditure made by the Voinovich for Governor committee, a violation that carries a maximum penalty of $10,000 and removal from office.
The misrepresentation centers on money allegedly paid to a third party for the purpose of reimbursing Paul Voinovich for payments he made to Anthony "Ray" Gallagher for work on George Voinovich's 1994 re-election campaign.
Paul Voinovich's architectural firm, lobbyist Anthony Fabiano and Mr. Fabiano's firm are under investigation on allegations of improperly using corporate money for political purposes. That has a maximum penalty of a year in jail and a $1,000 fine.
Along with those charges, Mr. Nichols has added allegations that Mr. Voinovich's campaign failed to report in-kind contributions from Paul Voinovich and Mr. Fabiano's firms.
The most serious allegations facing the governor are outlined in a sworn statement to a federal grand jury by Vince Panichi, the governor's longtime friend and campaign treasurer.
Mr. Panichi said he personally witnessed a conversation between the two brothers during which they discussed disguising the repayment through a third party. Paul Voinovich has identified the amount of the repayment at $28,500.
Both Paul and George Voinovich deny any wrongdoing.
