Ohio Attorney General

Richard Cordray
ANNUAL REPORT

2009
Table of Contents

FROM THE DESK OF ATTORNEY GENERAL CORDRAY 1

FIGHTING FOR OHIOANS 3

Holding Wall Street accountable 5
Standing up for consumers 7
Top 10 consumer complaint categories 10
Fighting foreclosure 11
Watching Ohio’s bottom line 12
Enforcing fairness in the marketplace 13
Protecting the environment 14
Prosecuting health care fraud 15
Warning consumers about fraud 17

JOINING FORCES TO FIGHT CRIME 19

Strengthening law enforcement capabilities 21
Using science to solve crime 23
Overseeing peace officer training 25
Leveraging resources 26
Partnering on difficult issues 26
Providing aid to crime victims 27
Supporting the work of prosecutors 28

ADVOCATING FOR OHIO 31

Success in court 33
Defending Ohio’s capital punishment law 34
Supporting pivotal cases 35
Protecting Ohioans’ civil rights 35
Enforcing tobacco laws 35
Protecting the bottom line 37

ATTORNEY GENERAL’S STAFF 39

 From the Desk Of The
Ohio Attorney General

Dear Ohioans,
While responding to an ever-increasing list of
challenges in a trying year for Ohioans, my staff and
I committed ourselves to use the power of this office
to stand up for the interests of ordinary citizens and
to battle the ills that weaken our society.

Ohioans face threats from a This 2009 annual report describes

multitude of individuals and
entities that can best be described
as predators. These are not just
violent criminals. Predators also
are unscrupulous businesses or
deceitful scammers who try to
enrich themselves at the expense
of hardworking citizens.
In 2009, my office identified
predators and predatory practices
and then worked to combat them.
We found them on Wall Street,
where wrongdoing by some has
contributed to misery for many
and where Ohioans who rely on
the health of their retirement
investments were harmed. They
were in our homes, masquerading
as a group that collects money
for veterans in need or as a
home improvement company
promising work it never intended
to complete. And they were in our
communities, testing our local law
enforcement agencies and putting
our families at risk.
our efforts on multiple fronts
to confront those who threaten
Ohioans’ livelihoods. It also outlines
the vital work we do as the state’s
legal advocate.
As Attorney General, I believe in
applying the office’s resources so
we do well by those we represent
in court as well as by everyday
Ohioans who deserve to have
someone stand by their side
and fight to protect them. This
summary of our work illustrates
what I see every day — the
dedication and hard work of the
employees of an office that I am
honored to lead.
Sincerely,
Richard Cordray
Ohio Attorney General

02
Attorney General Cordray has made it a priority to use
his office’s powers to fight for Ohio consumers, pensioners,
taxpayers and families. He has expanded the office’s scope to
confront problems such as foreclosure and scams that target
small businesses while assertively carrying out the office’s
traditional role of protecting Ohioans by holding Wall Street
accountable for misdeeds that have harmed pensioners,
enforcing environmental laws and rooting out health
care fraud.

Fighting for Ohioans

FROM WALL STREET
TO MAIN STREET

02
04
 FIGHTING
FOR OHIOANS
HOLDING WALL STREET ACCOUNTABLE In 2009, the Attorney
General’s Office:
Attorney General Cordray is working to hold the biggest Led a class-action lawsuit
names on Wall Street accountable for violations of securities against AIG for securities fraud
laws that injured the hard-earned investments of Ohio that resulted in the loss of
shareholder value, including
workers, families and retirees. losses to Ohio’s pension
funds. The disclosure of AIG’s
participation in an illegal
The office is taking a lead role in eight major securities
industrywide market division
actions on behalf of Ohio’s public pension funds and the scheme involving the payment of
Bureau of Workers’ Compensation. The office is pursuing relief improper “steering” commissions
and bid-rigging caused the loss
on behalf of investors and retirees who have been harmed in of billions in shareholder value.
Ohio and around the world. To date, the Attorney General’s
Office has negotiated $284.5
million in settlements with
several secondary defendants,
subject to court approval. The
main defendant remaining is AIG.
Was selected as lead plaintiff in a
securities fraud class-action suit
filed against Bank of America.
The lawsuit, filed on behalf of a
group of public pension funds,
stems from undisclosed losses
at Merrill Lynch just prior to the
merger with Bank of America as
well as undisclosed agreements
to pay billions in bonuses to
Merrill Lynch executives.
Aggressively pursued an
earnings management securities
fraud class-action lawsuit on
behalf of investors, including
Ohio’s pension funds, harmed
by securities violations by Fannie
Mae and its executives from 2001
to 2004. The suit is considered
one of the largest accounting
fraud cases in United States
corporate history.
Asserted that Freddie Mac and
its former officers and executives
falsely assured investors of the
RETURNING $$$ TO INVESTORS
The Ohio Attorney General’s Office
safety and soundness of the settled several major securities
company’s loan portfolios, lawsuits.
capital position and under-
writing policies. The breakdown:
Negotiated and finalized a $400
million settlement with Marsh &
$922,000,000 +
from UnitedHealth
McLennan Cos. The case, one of
the top 25 securities class-
action lawsuits in history, $475,000,000 +
involved representations the from Merrill Lynch
company made about revenue
derived from illegal, anti-
competitive agreements with $400,000,000 +
insurance providers. from Marsh & McLennan Cos.
Secured one of the nation’s
top 15 securities class-action
$284,500,000 =
from secondary defendants in AIG case
settlements, against Merrill
Lynch. The $475 million
settlement stemmed from
Merrill Lynch’s exposure to
residential mortgage-related
$2,000,000,000-plus
recovered for investors
debt, which caused its stock
price to decline dramatically.
Took action against the nation’s
three largest credit rating
agencies — Standard and Poor’s,
Moody’s and Fitch. The Attorney
General alleges that the agencies
offered inaccurate and artificially
inflated evaluations of financial
products known as mortgage-
backed securities in exchange, at
least in part, for exorbitant fees
from the issuers of the securities.
Finalized a $922 million
settlement with UnitedHealth.
The class-action lawsuit accused
UnitedHealth of backdating
stock options, which resulted in
the gross overpayment of senior
executives and misstatements in
company financial reports. 06
 FIGHTING
FOR OHIOANS

STANDING UP TIRING OF SCAMS PROVIDING FUEL FOR LEGAL ACTION

FOR CONSUMERS
Some of the Attorney
General’s most vital work
focuses on protecting
Ohio’s consumers.
Since the state’s Consumer
Sales Practices Act was
passed in the early 1970s,
the Attorney General’s Office
has enforced the law by
responding to consumers’
problems through an informal
complaint resolution process
and, in some cases,
legal action.
In 2009, Attorney General
Ohioans filed a record 30,259
consumer complaints with the
Attorney General’s Office, up 20
percent from the previous year.
The office took several steps to
make it easier for Ohioans to file
complaints about unscrupulous
businesses and scams. Its Help
Center now takes consumer
complaints over the phone instead
of requiring Ohioans to file a
complaint form by mail. The office
also revamped its Web site and
introduced a convenient online
form for filing complaints at
www.OhioAttorneyGeneral.gov.
The measures reduce the work
consumers have to do to speak out.
Some examples of how the office
helped individual consumers:
When a Medina County woman
bought a device to access the
Internet from her cell phone,
A Montgomery County father
bought a Global Positioning
System (GPS) as a gift for his
daughter. The GPS he ordered
had several nice features, but
he later noticed that the GPS his
daughter actually received was a
less sophisticated, lower-priced
model. He filed a complaint
with the Attorney General and,
with the help of the specialist
assigned to his complaint,
received the correct GPS.
When high winds damaged
his home, a Columbus resident
hired a roofing company to
make repairs. He thought the
company had done its job until a
few months later, when a second
wind storm blew shingles off the
roof and revealed that the earlier
damage was never properly
repaired. When the company
refused to make the situation
right, he filed a complaint with
Complaints from Ohioans gave
the Consumer Protection Section
enough facts to open 243
investigations and file 38 lawsuits
alleging unfair and deceptive
business practices. The section
also obtained 34 judgments and
assurances of voluntary compliance
that produced approximately $4.1
million in consumer restitution,
civil penalties, costs and other
relief. An additional $2.85
million was saved or returned to
consumers through the section’s
complaint resolution process.
Among the lawsuits:
BlueHippo Funding LLC
and BlueHippo Capital LLC
(collectively BlueHippo)
advertise computers through
print, radio and TV ads, offering
consumers guaranteed approval
for financing without a credit
check. The advertisements
Manuel Torres, owner of the
promotion company Latin
Explosion and El Palenque Party
House, promoted a concert by
the Latin band Los Temerarios
through radio advertisements,
posters and banners. Consumers
paid $35 to $100 per ticket.
Not only did the band not EARNING RECOGNITION
play, the concert had never FOR LEADERSHIP
been scheduled. The Attorney
General’s Office sued for Susan Choe, who began the year
violations of the Consumer Sales as chief of the office’s Civil Rights
Practices Act.
Section and ended it leading the
Consumer Protection Section,
Nation’s Construction, a was named the 2009 recipient of
Columbus contractor that does the John C. and Ginny Elam Pro
business as Columbus Fire Repair, Bono Award.
allegedly sent representatives
to consumers’ homes shortly The Ohio State Bar Association
after they sustained extensive
presented the award in recognition
fire damage, often within hours of Choe’s outstanding pro bono
of a fire. Consumers entered service in leading the contributions
into contracts for the repair of the Attorney General’s Office made
their damaged homes, but the
company did minimal work and
to foreclosure prevention.

Cordray continued this
mission while introducing
new ways to protect Ohioans
from scams.
she had no idea she was signing
up for a two-year contract with
her wireless company. Unable
to solve the problem herself,
she filed a complaint with the
Attorney General. As a result, the
company gave her 30 days to
return the device for a full refund.
the Attorney General’s Office,
which directed the company to
finish the job correctly.
promise other “free” products, kept the consumers’ insurance
such as printers and televisions. money, leaving their homes in
The Attorney General sued disarray. The Attorney General
BlueHippo, alleging that the filed a lawsuit alleging violations
company misrepresented of the Consumer Sales Practices
the quality of computers, the Act, including failure to deliver,
terms of contracts and the shoddy workmanship and
delivery dates for products and misleading statements and
committed other violations of representations.
the Consumer Sales Practices Act.
To view a full list of cases,
see the Consumer Protection
Section’s annual report at
www.OhioAttorneyGeneral.gov/
2009ConsumerProtectionReport.

08
 FIGHTING CONSUMER COMPLAINTS

1
REACH RECORD HIGHS Motorized vehicles
FOR OHIOANS

Every year, the Attorney General’s

Consumer Protection Section compiles
the top 10 categories of complaints.
In 2009, the top 10 consumer

2
complaints concerned: Collections, credit
reporting and financial
ASSISTING SMALL BUSINESSES AND NONPROFITS CATCHING BOGUS CHARITIES services

The Attorney General’s informal complaint process — previously available As part of its responsibility to
only to individual consumers — now is accessible to small businesses and monitor professional solicitors,

3
nonprofit organizations. the office’s Charitable Law Section Household goods and
joined a national crackdown property improvement
Just like consumers, Ohio’s small businesses and nonprofits are taken targeting phony fundraisers who
advantage of by scammers who fail to deliver products that have been ask for money on the pretense it
paid for, perform shoddy workmanship or charge for advertisements that will help police officers, firefighters
were never authorized or office supplies that were never ordered. or veterans.

4
Internet and phone
In July, the office opened up the complaint process to a test market In one case, employees of
of small businesses and nonprofits. In just six months, the Consumer Community Support Inc., a
Protection Section received more than 500 complaints and was able to Wisconsin-based professional
recover about $60,000 on behalf of businesses and nonprofits. fundraising company, claimed or
implied they were police or military

5
Here are just a few examples of those assisted: officials and misrepresented Shopping, food and
how charities would use donors’ beverages
A Trotwood trucking company employee purchased a truck over the contributions. A consent
Internet for about $8,000. After the customer paid for the product, the agreement involving Ohio and
supplier failed to deliver and refused to return phone calls. The Attorney 31 other states required the
General’s Office resolved the issue, and the company received the truck. company to comply with each

6
state’s solicitation laws and pay a Mortgages
A West Jefferson library was charged for a Web service that it never $200,000 fine.
authorized. The Attorney General’s Office recovered $244. Similarly,
a Columbus auto repair company was charged $849 for a Web site
advertisement that it did not want. A complaint specialist resolved the

7
issue, and the auto repair company did not have to pay the charges. Computers and electronics

A Southeast Ohio visitors’ bureau was tricked into buying unneeded

and overpriced toner for a new printer. Even after the bureau returned
the toner, the company asked for a restocking fee of about $75. The

8
Attorney General’s Office intervened, ensuring the bureau did not have Professional services
to pay the fee.

9 Health and beauty

10
Utilities

10
 FIGHTING
FOR OHIOANS
FIGHTING FORECLOSURE
Attorney General Cordray
has continued to make
fighting foreclosure a priority
by employing the office’s
powers to hold accountable
home appraisal companies,
mortgage servicers, predatory
lenders and rescue scam
operations that helped fuel
the foreclosure crisis.
STANDING UP TO DECEPTION
Ohio became the first state in the
nation to bring action against loan
servicers for unfair and deceptive
business practices. The lawsuits
— against Carrington Mortgage
Services, American Home
Mortgage Servicing and Barclays
Capital Real Estate Inc. (dba HomEq
Servicing) — are ongoing.
EXPOSING FORECLOSURE
RESCUE SCAMS
Rescue scam operations prey
on homeowners worried about
foreclosure by promising to save
their homes for an up-front fee
and then failing to do so. The
Attorney General’s Office launched
a statewide sweep targeting such
operations, issuing approximately
30 cease-and-desist orders and
filing seven lawsuits.
CRACKING DOWN
ON MORTGAGE FRAUD
The Attorney General’s Office
participates in several mortgage
fraud task forces that investigate
criminal predatory practices. The
work of the Cuyahoga County
Mortgage Fraud Task Force, for
example, led to the indictment
of 41 people and four companies
alleged to have used $44 million in
fraudulent loans to purchase
453 homes.
HOLDING CORPORATE PROPERTY
OWNERS ACCOUNTABLE
The office is supporting the city
of Cleveland’s attempt to take
on companies that own large
numbers of vacant and neglected
properties. The Cleveland Housing
Court is trying two corporations
in absentia — Washington Mutual
and Destiny Ventures — because
they have failed to appear for
trial on housing code violations.
The Attorney General supports
conducting the trials in absentia
and has filed amicus briefs in both
cases, which have advanced to the
Ohio Supreme Court.
SUPPORTING SERVICES
FOR HOMEOWNERS
Struggling homeowners benefited
when the Attorney General’s
Office made available through a
competitive grant procedure
$1 million in funds from the state’s
settlement with Countrywide
Financial Corp. The company had
used unfair and deceptive tactics
in loan origination activities. The
funds were directed to 14 local
organizations with counselors
certified by the U.S. Department of
Housing and Urban Development.
More than 13,000 families facing
foreclosure will benefit from the
counseling services.
HELPING SAVE THE DREAM
More than 36,000 Ohioans
contacted the Attorney General’s
Office in 2009 about the Save the
Dream initiative, a multi-agency
effort to help Ohioans avoid
foreclosure. Qualified callers
to the Save the Dream hotline
(888-404-4674) are referred to a
housing counselor or an attorney
who can provide free assistance.
WATCHING OHIO’S BOTTOM LINE RECOVERING RECORD REVENUE
The Revenue Recovery Section
The Attorney General’s Office used wise economic strategies contacts debtors directly or
to bring more cash into state coffers and reduce expenses. works with private collection
agencies to resolve debts owed
DOING WORK IN-HOUSE to state agencies such as the
Department of Taxation, Bureau of
The Construction Litigation Group, a specialized team of attorneys Workers’ Compensation and Ohio
and support staff within the Court of Claims Defense Section, assists Department of Job and Family
Services. In 2009, the section broke
state agencies and institutions during construction projects. The group
helps clients understand legal requirements for selecting architects and all prior records, collecting $365.2
engineers and initiates legal action to recover for defective work. Having million, up more than $20 million
experienced litigators do this legal work in-house saves the state at least from the year before.
$1.3 million a year.
Collections Enforcement operates
Similarly, assistant attorneys general who handle workers’ compensation the “offer in compromise” program,
defense, employment law and litigation for colleges, universities and which allows a person who owes
other education clients are a key reason why expenditures for special the state money to negotiate a sum
counsel in the Cordray administration are down considerably from recent less than the balance owed. The
years, falling from almost $38 million in fiscal 2006 to $22.7 million in program reduced the time it takes
fiscal 2009. to process an application from 18
months to two months.
REDUCING CONTRACT COSTS
Collections Enforcement
The Attorney General’s Office identified a number of ways to cut costs and negotiated three settlements that
run more efficiently. Among the most successful was an officewide review generated more than $8 million:
of vendor contracts.
Delphi, which filed a bankruptcy
The Business Counsel Section negotiated a price reduction with each petition under Chapter 11 in
vendor whose contract was up for renewal. The measure will save more 2005, paid a settlement of $4.26
than $2.6 million over the current biennium (July 1, 2009, to June 30, million to the Ohio Department
2011). Other contracts were eliminated, providing an additional savings of of Taxation to settle a claim for
nearly $370,000 by July 2011. sales and use tax.
TAKING PAY REDUCTIONS UBS Financial paid $2.1 million
to the Ohio Department of
All nonbargaining-unit employees, including Attorney General Cordray, Taxation to settle a case related
accepted 10 furlough days during each year of the biennium, the to discrepancies in its dealer and
equivalent of a 3.8 percent pay cut. Two of the office’s bargaining units intangible tax filings.
also accepted the furlough days; negotiations with the third unit were
ongoing at press time. Additionally, no annual wage increases were given. Collections Enforcement
recovered $2.5 million for 13
state universities in a case
involving asbestos removal
dating back to 1986.
12
 FIGHTING
FOR OHIOANS

ENFORCING FAIRNESS IN THE MARKETPLACE ENFORCING WAGE LAWS PROTECTING THE ENVIRONMENT WINNING CONVICTIONS

When workers do not receive Environmental Enforcement’s

Attorney General Cordray protects businesses, workers fair pay for their work, not only The Attorney General’s Environmental Enforcement Section Criminal Enforcement Unit works
and retirees who play by the rules. In 2009, that meant are they harmed, but so are the investigates and prosecutes those who break environmental with federal, state and local
intervening in the bankruptcies of General Motors and many businesses that follow the laws and represents state agencies that safeguard Ohio’s regulators, criminal investigators
rules. In 2009, the office filed 16 and attorneys on joint task forces
Chrysler to ensure that the rights of consumers, auto dealers prevailing wage collection actions natural resources, such as the Ohio Environmental Protection to prosecute environmental crimes.
and others were respected. A new office initiative combats seeking nearly $1.4 million and 111 Agency and the Ohio Department of Natural Resources.
minimum wage collection actions In 2009, the Criminal Enforcement
worker misclassification. requesting more than $3.3 million Unit investigated more than 100
in restitution and penalties.
In 2009, the section won $37.4 million in civil penalties, matters and obtained convictions
ADVOCATING FOR OHIOANS’ RIGHTS enforcement costs, environmental projects and attorney fees, in 22 of its 23 state or federal
The office brought the largest $18 million more than the year before. court cases.
Attorney General Cordray stepped in on behalf of workers in the
minimum wage collection action in
General Motors and Chrysler bankruptcies by filing limited objections to
its history against Angels Learning Some important cases the section won: PROTECTING LAKE ERIE
federal litigation. As a result, the office secured concessions that protected
Centers LLC, a day care provider
Ohioans’ rights as consumers, retirees and business owners and
with several locations in the Since 2001, Countywide Recycling and Disposal Facility, a Stark County Attorney General Cordray has
prevented them from having to compensate for the automakers’ liabilities
Columbus area. The lawsuit accuses landfill now owned by Republic Services of Ohio, has experienced an asked the U.S. Supreme Court to
and expenses.
the company and four of its underground fire beneath 88 acres of its site. The fire led to a number review the adequacy of measures
corporate officers of failing to pay of alarming conditions, including noxious odors and excessive gas taken by the U.S. Army Corps of
The concessions protected consumers’ lemon law claims and personal
minimum wage to 150 employees. pressure that caused leachate geysers to shoot from the ground. Engineers and the state of Illinois to
information as well as dealers’ rights under state franchise and dealer laws.
It seeks about $408,000 in unpaid Environmental Enforcement negotiated a consent order requiring stop the spread of Asian carp into
They also ensured full compliance with state tax liability and workers’
wages and about $816,000 in Republic to pay $10 million in civil penalties and to monitor and control the Great Lakes. The invasive fish
compensation laws.
statutory penalties. the fire as well as address any future effect it may have on the facility. could wreak havoc on the Great
Lakes’ ecosystem and devastate
CRACKING DOWN ON AN UNDERGROUND ECONOMY
The Attorney General’s Office and the U.S. Department of Justice Ohio’s commercial and sport
jointly lodged a complaint against INEOS and Lanxess, the current and fishing industries.
State and local governments lose millions of dollars annually to an
underground economy in which businesses pay workers under the former operators of a chemical facility in Addyston, west of Cincinnati.
table or wrongly categorize them as independent contractors. This is The facility had been emitting carcinogenic chemicals, prompting
commonly known as “1099 abuse” in reference to the related Internal school district officials to close an elementary school across the street
Revenue Service form. This illegal practice and the profits it produces give to protect students from exposure to toxic emissions. The numerous
lawbreakers an unfair advantage over competitors who play by the rules. violations were resolved in a consent decree requiring INEOS and
Lanxess to pay a penalty of $3.1 million — to be shared by the federal,
The Attorney General’s Office joined the Ohio Department of Job and state and local governments — as well as to monitor and reduce
Family Services, Ohio Department of Taxation and Ohio Bureau of Workers’ emissions from the facility.
Compensation to crack down on businesses that abuse the system.
Consequently, in 2009 the office brought 593 collections actions against A metal plating company knowingly discharged untreated industrial
98 business entities, seeking about $2.1 million for 1099 misclassification. wastewater into Dayton’s sewer system. The firm pled guilty after the
Bureau of Criminal Identification and Investigation, part of the Attorney
Ohio is leading a group of 16 states negotiating with FedEx, which General’s Office, carried out covert sampling, conducted multiple
the participating states’ attorneys believe is improperly treating its interviews and executed a search warrant at the company.
drivers as independent contractors rather than as employees. Improper
classification allows the company to avoid paying certain taxes and leaves
its workers without basic protections they are guaranteed by law, such as
unemployment insurance.

14
 FIGHTING
FOR OHIOANS

PROSECUTING HEALTH CARE FRAUD A NATIONAL LEADER

Attorney General Cordray’s Health

The Attorney General’s Health Care Fraud Section, Care Fraud Section is recognized as
recognized as one of the most effective and productive in a leader among such units across
the country, continued to set records in 2009. The section the country.

provides legal and investigative expertise for local A recent statistical comparison of
prosecutors, law enforcement and multi-state and national the 50 state Medicaid fraud control
units by the U.S. Department of
Medicaid fraud cases. Health and Human Services, Office
of Inspector General, demonstrates
Among the multi-state Medicaid fraud cases settled in 2009 was the
why that’s so.
nation’s largest-ever health care fraud case, in which Pfizer Inc. agreed to
pay $2.3 billion to settle allegations of kickbacks and off-label marketing
of drugs. In another case, Eli Lilly and Co. agreed to pay more than $1.4
billion to settle allegations of illegal drug marketing. Ohio’s share of those
two settlements totaled more than $64 million. Funds recovered are used
to reimburse Ohio’s Medicaid program.

Overall, the Health Care Fraud Section produced:

NATIONAL RANKINGS
228 indictments, up from 164 the year before
216 convictions, up from 187 in 2008 Ohio Medicaid Fraud Control Unit
$91.4 million in recoveries, breaking the previous year’s record
of $65.2 million

Of that $91.2 million, the Medicaid Fraud Control Unit, which investigates
and prosecutes health care providers who defraud the state’s Medicaid
Convictions per professional 1
program, produced $87.7 million in criminal restitution and civil
settlements/judgments.

The Medicaid Fraud Control Unit also enforces Ohio laws protecting Recoveries per grant dollar 1
mentally or physically disabled or elderly citizens from neglect and abuse
in long-term care facilities. In 2009, investigations of alleged patient abuse
or neglect produced 20 indictments and 17 convictions.
Gross number of convictions 4

Gross dollar recoveries 5

16
 FIGHTING
FOR OHIOANS

WARNING CONSUMERS ABOUT FRAUD

In addition to using the power of the office to enforce Ohio’s

consumer laws, the Attorney General made it a priority in
2009 to warn consumers of scams they might encounter.
Scammers are shameless, and they will try anything to seduce consumers
into giving them money. They used buzz words such as “stimulus
package,” “Cash for Clunkers” and “H1N1” to get people’s attention and
make themselves appear credible.

To combat these scammers, the office alerted the statewide media and
launched www.SpeakOutOhio.gov, an interactive Web site featuring
consumer tips, details about scams and other information. It also
established a presence on Twitter — www.Twitter.com/OhioAG —
to quickly issue scam warnings.

The Attorney General’s Office introduced several Spanish-language

publications and a consumer complaint form. Part of the office’s Web site
now includes descriptions of important services to help residents resolve
problems, gain information and file consumer complaints in Spanish at
www.OhioAttorneyGeneral.gov/Queja.

MARIE LOPEZ OF THE ATTORNEY GENERAL’S HELP CENTER

FIELDS A CALL FROM AN OHIO CONSUMER.
18
The Ohio Attorney General’s Office is a force multiplier for
the state’s 980 local law enforcement agencies and 88 county
prosecutors’ offices, assisting them in training officers
and investigating, solving and prosecuting crimes. This
partnership provides crime-fighting resources and training
that helps keep Ohioans safe.

Joining forces to fight crime

WITH SCIENCE,
TRAINING AND
LEGAL EXPERTISE

20
 JOINING FORCES
TO FIGHT CRIME
STRENGTHENING
LAW ENFORCEMENT
CAPABILITIES
The Bureau of Criminal
Identification and
Investigation (BCI&I) provides
cutting-edge technological
and investigative assistance
to Ohio’s front-line law
enforcement agencies, all
free of charge.
BCI&I’s scientists and forensic
specialists provide critical services
by analyzing physical evidence to
assist in the investigation of current
and cold cases. Scientists also
maintain thousands of convicted
offender and unidentified DNA
profiles. Identification specialists
oversee vast amounts of
information that assist in criminal
investigations, including millions
of fingerprints and corresponding
criminal histories. Investigators
work closely with local law
enforcement to solve major crimes.
BCI&I is headquartered in London,
Ohio, and has offices in Bowling
Green, Richfield and Youngstown.
KEEPING TABS ON CRIMINALS
BCI&I’s Identification Division
maintains one of the world’s largest
collections of criminal history
records and serves as the central
repository for Ohio’s arrest records.
In 2009, the bureau submitted
270,193 criminal arrest records to
the FBI and entered 28,223 new
criminal offender fingerprints
into the Automated Fingerprint
Identification System (AFIS).
BCI&I also worked to increase the
number of criminal offender palm
prints in its system, which gives law
enforcement an additional means
of identifying criminals. By the end
of the year, AFIS included 303,428
sets of palm prints — 62,694
of them submitted by 423 law
enforcement agencies in 2009.
MAKING BACKGROUND CHECKS
MORE ACCESSIBLE
BCI&I processed almost 815,000
civilian background checks, nearly
double the total seen 10 years
earlier, in large part because so
many professions now require such
checks. To address the escalating
volume, BCI&I sought advice from
the FBI’s Process Improvement
Team. In its first-ever assignment
outside the FBI, the team analyzed
the process and recommended
improvements that eliminated a
backlog by year’s end.
Background checks are now more
accessible and affordable for
Ohioans as a result of a partnership
between BCI&I and the Ohio
Bureau of Motor Vehicles (BMV).
The service provides state- and
national-level background checks
at 100 deputy registrar locations
across Ohio, and additional
expansion is planned.
CONNECTING OFFICERS WITH
INFORMATION, EACH OTHER
The Attorney General’s Office
maintains the Ohio Law
Enforcement Gateway (OHLEG), a
powerful Web tool through which
agencies access and share data to
prevent and solve crimes. More
than a dozen applications are
available through OHLEG, all at no
cost to local law enforcement.
Some 22,000 officials used OHLEG’s
search engine 3.8 million times
to access the system’s databases,
including Bureau of Motor
Vehicle records, the Electronic
Sexual Offender Registration and
Notification network (eSORN) and
criminal history files. An upgrade
made the search engine accessible
from wireless handheld devices,
enabling officers to tap into while
on the road.
NO. 1 IN PROTECTING CHILDREN
Ohio became the first state in
the nation to achieve substantial
implementation of the Adam
Walsh Child Protection and Safety
Act of 2006, which is aimed at
protecting the public from sex
offenders. Ohio’s Electronic
Sex Offender Registration and
Notification database (eSORN) is
maintained by BCI&I and linked
to all of Ohio’s county sheriffs’
offices and correctional facilities.
It provides a common system for
law enforcement officials to share
information about registered
sex offenders. Following up on
recommendations from the state’s
sheriffs, who update the registry,
the Attorney General’s Office
distributed computers and cameras
to all 88 county sheriffs’ offices for
eSORN administration.
BOLSTERING INVESTIGATIONS
BCI&I’s Investigations Division
helps law enforcement secure and
analyze evidence, follow leads and
address legal issues. It opened
1,548 criminal cases in 2009,
conducting criminal investigations
for more than 400 law enforcement
agencies in 87 of Ohio’s 88
counties. To ensure it is able to
provide a thorough and sensitive
response to crime, BCI&I hired a
full-time victim advocate in 2009.
The advocate provides assistance
to victims of violent crime and
works closely with agents on
homicides, sexual assaults, missing
children situations and other cases.
Here is a look at some of
the Investigations Division’s
2009 cases:
The Computer Crimes Unit
opened 134 cases during the
year. Agencies submitted 356
pieces of evidence for analysis —
twice the 2005 total — including
computers, cell phones, digital
cameras, gaming stations and
global positioning systems.
Crimes against children and child
pornography constituted half
of the unit’s caseload, and 70
percent of cases involved violent
criminal activity.
In one case, a computer design
engineer pleaded no contest
to the rape of a 5-year-old girl
after BCI&I’s computer forensic
experts recovered nude images
of the victim on the suspect’s
computer. The photos were
retrieved despite the suspect’s
strong computer skills and use
of anti-forensic tools to conceal
them. He was sentenced to life in
prison based on his crimes and
his efforts to avoid discovery.
The Crime Scene Unit opened
941 cases, assisting local law
enforcement with 87 homicides,
68 questionable deaths, 57
robberies, 46 aggravated
assaults, 43 rapes and various
other crimes. Agents are
available around the clock to
process felony crime scenes for
physical evidence.
BCI&I helped investigate a
Brecksville crime in which a
suspect fatally stabbed one
victim and critically injured two
others before being stabbed
22
by one of the victims. BCI&I
investigators reconstructed
the events, documented the
individuals’ movements and
sketched, photographed and
searched the scene for evidence.
The perpetrator was sentenced
to 21 years to life in prison on
one count of murder and two
counts of attempted murder.
Two BCI&I units — Narcotics and
Clandestine Drug Lab/Cannabis
Suppression — support Ohio’s
fight against illicit drugs.
Narcotics agents investigated
a major Caribbean drug ring
responsible for distributing
thousands of pounds of
marijuana in greater Cleveland.
Coordinating with the Ohio
Highway Patrol, agents carried
out two traffic stops and seized
nearly $1.5 million in suspected
drug profits. BCI&I is continuing
the probe in collaboration with
the federal Drug Enforcement
Administration.
Agents with the Clandestine
Drug Lab/Cannabis Suppression
Unit seized 43,796 marijuana
plants and shut down more
than 300 methamphetamine
labs in collaboration with local
law enforcement. In one case,
the unit targeted a number of
suppliers of pseudoephedrine
— a key ingredient in
methamphetamine — who
furnished the drug to several
Northwest Ohio meth labs,
arresting 23 people and seizing
11 labs.
 JOINING FORCES
TO FIGHT CRIME
The Special Investigations Unit
works on federal corruption
and violent crime task forces. It
opened 133 cases in 2009.
Agents solved the murder of an
83-year-old woman who was
bound, strangled and beaten
to death in her Southeast Ohio
home. The investigation spanned
three counties and two states.
The agents coordinated lab
services, reviewed intelligence
information and followed
investigative leads that resulted
in the arrest of the two men
responsible. Both are now
serving lengthy prison terms.
The Criminal Intelligence Unit
— which collects, analyzes
and disseminates intelligence
to law enforcement — used
one of its most powerful tools
to help officials in Trumbull,
Mahoning and Columbiana
counties solve 148 burglaries.
Having determined the incidents
were related, agents used the
dates, times and locations of
the burglaries — and BCI&I’s
predictive geographic profiling
analysis tool — to determine
the location of future burglaries.
Authorities arrested 28 suspects
by year’s end.
The unit expanded Ohio law
enforcement’s ability to battle
gang activity and saved the
state more than $300,000 in
updating and training costs by
converting from a state-specific
gang database to a free national
database. The resource contains
national and international
intelligence on gangs.
USING SCIENCE TO SOLVE CRIME
BCI&I’s three laboratories — in
London, Richfield and Bowling
Green — are accredited by
the American Society of Crime
Laboratory Directors/Laboratory
Accreditation Board, which ensures
the highest standards of quality. In
addition, the DNA and Combined
DNA Index System (CODIS) units
are externally audited every two
years for compliance with the FBI’s
DNA Quality Assurance Standards.
BCI&I labs’ forensic scientists and
polygraph examiners worked
30,681 assignments for Ohio’s
law enforcement community and
examined more than 109,000 items
of evidence. The division’s experts
work in nine sections: Chemistry,
Forensic Biology, DNA, CODIS,
Firearms and Toolmarks, Latent
Prints, Polygraph, Questioned
Documents and Trace Evidence.
The division maintains the
fifth-largest convicted offender
database within the FBI’s National
DNA Index System. Only California,
Texas, Florida and Illinois have
larger state databases. The system
contains the DNA profiles of more
than 350,000 convicted offenders
and averages about 100 matches a
month, giving law enforcement the
scientific information to assist in
solving crimes.
When convicted felon Marvin Lee
Smith pleaded guilty in February
2009 to the nearly two-decade-old
murder of Ohio teenager Jessica
Lyn Keen, BCI&I staff and CODIS
were to thank. Keen was abducted
from a Columbus bus stop. Her
body was discovered beaten in a
Madison County graveyard two
days later. At the time, authorities
STATISTICALLY SPEAKING
Here’s a look at some key stats from a 2009 survey of county
prosecutors, sheriffs and police about Ohio Bureau of Criminal
Identification and Investigation services:
couldn’t find the killer, and
DNA technology was new to
forensics. But while incarcerated
for unrelated crimes, Smith was
required to provide a DNA sample.
With additional DNA testing in
1,001 law enforcement personnel
completed the survey.
%
95.9
2008, BCI&I forensic scientists were
able to tie Smith to the murder. He
were satisfied or very satisfied
was sentenced to 30 years to life in
with BCI&I’s communications
prison.
regarding cases.
By introducing robotics,
%
60.9
outsourcing DNA work and
said the Crime Scene Unit is
separating Forensic Biology and
the Investgation Division’s
DNA into distinct units in 2009,
most important service.
BCI&I reduced the number of cases
awaiting DNA and forensic biology
said 30 to 45 days is an acceptable
%
76.4
analysis by 45 percent and 68
turnaround time for lab results.
percent, respectively. The robotic
(In 2009, five BCI&I lab units —
equipment, purchased with federal
CODIS, Firearms/Toolmarks, Latent
grant dollars, is used to analyze
Prints, Polygraph and Questioned
single-source forensic samples. It
Documents — consistently met the
reduces the time it takes to process
benchmark of 45 days or less.)
%
71.9
a batch of samples from several
days to just hours.
had never used the fingerprint
background check function on the
Steps also were taken to expand
Ohio Attorney General’s Web site.
the CODIS lab, which will allow
Of those who had, 78.2 percent
convicted offender DNA testing
said it contained comprehensive
%
64.5
to occur in-house, at a savings
information.
of about $500,000 annually. The
expansion, completed in early
had used the BCI&I Laboratory
2010, also will speed the addition
Division’s chemistry services.
of DNA profiles to the database.
%
90.8
had used the Ohio Law
Enforcement Gateway (OHLEG)
search engine in the past year.
2011
is when BCI&I plans to repeat
the survey.
Source: Survey report compiled by Wright
State University’s Center for Urban and
Public Affairs.
24
 JOINING FORCES
TO FIGHT CRIME
OVERSEEING PEACE
OFFICER TRAINING
The Ohio Peace Officer
Training Commission oversees
the training and certification
of Ohio peace officers as well
as that of private security
and corrections employees,
jailers, bailiffs, law
enforcement canine units,
humane agents and public
defender investigators.
The commission oversaw 561
basic training school openings,
administered 2,456 final
examinations and issued 7,104
basic training certificates in 2009.
It also approved 765 canine unit
certifications, processed 844
firearms requalifications and
maintained compliance for about
6,000 academy instructors across
the state.
One of the commission’s primary
tasks is overseeing the Ohio
Peace Officer Training Academy
(OPOTA), which offers coursework
in firearms, crime scene forensics,
vehicle operations, legal issues
and emerging crime and law
enforcement trends.
OPOTA and its 16 law enforcement
training officers taught 505 courses
for 7,845 students at campuses
in London and Richfield. In all,
students participated in 23,545
training days.
The academy also offers Web-
based training through eOPOTA,
giving local law enforcement
agencies a cost-saving alternative
to traditional instruction. More
than 6,100 peace officers took one
or more of the 34 courses available
during the year, completing 17,373
course sessions.
In another effort to bring
instruction closer to home, the
Attorney General’s Office and
Ohio Department of Public Safety
developed regional training
sessions to update officers on
changes in search and seizure, right
to counsel and driving under the
influence law. Groundwork was laid
for additional regional trainings on
drug and gang issues in 2010.
LEVERAGING RESOURCES
The Ohio Organized
Crime Investigations
Commission — through
the regional task forces it
authorizes — enables local,
state and federal agencies
to work across multiple
jurisdictions to investigate
and prosecute organized
crime rings. The commission
was overseeing 16 task forces
“I would like to
commend OPOTA, at the close of 2009.
Attorney General Cordray
An investigation into contraband
and the Department of
shipped through major package
Public Safety for putting delivery services led to the arrest
these classes on. Officers of 42 people on felony narcotics
are more likely to fail in violations in central Ohio. Officials
their mission when they seized more than 350 weapons,
lack the knowledge of including 62 assault weapons;
law changes, search and almost $530,000 in cash; 2,544
seizure, and use pounds of marijuana; 6,630 grams
of force.” of cocaine; 4,348 grams of heroin;
1,392 unit doses of Oxycontin;
— Worthington Police Chief and 172 pounds of khat, a plant
Michael E. Mauger concerning chewed for its stimulant effects.
a training program offered
throughout the state to update Meanwhile, the commission’s
peace officers on changes in Forensic Audio/Video Laboratory is
criminal procedure putting a private technology firm’s
developmental facial recognition
program to the test in actual
investigations. The system contains
the mug shots of more than
136,000 former Ohio inmates and
2.1 million drivers’ license photos.
When photos of unknown crime
suspects, some extracted from
surveillance video, are entered as
part of an investigation, the system
uses facial recognition software to
generate possible matches.
PARTNERING ON DIFFICULT ISSUES
Many issues confronting law enforcement are best tackled
in coordination with others at the local, state, federal and
international levels. Human trafficking and drug education
resources are good examples.
GAINING GROUND ON HUMAN TRAFFICKING
Human trafficking is a growing and complex problem in Ohio and across
the nation. Attorney General Cordray has made progress on three fronts:
The Northwest Ohio Violent Crimes Against Children Task Force —
made up of federal, state and local law enforcement, including a BCI&I
Special Investigations agent — broke a major human trafficking ring,
recovering seven Ohio children under the age of 13 and 21 adults.
Nationally, the sting crossed 36 cities and resulted in the identification
and recovery of 52 children and the arrest of 691 adults for prostitution.
The Ohio Peace Officer Training Academy launched a training initiative
on human trafficking for Ohio law enforcement, and nearly 200 officers
took advantage of the initial offering. More courses are planned.
Attorney General Cordray created Ohio’s Trafficking in Persons Study
Commission, which includes representatives from law enforcement,
social service agencies, victims, prosecutors, judges, elected officials
and the faith community. The commission is studying the scope of
human trafficking in the state in order to recommend ways to identify
and prosecute cases, assist survivors and prevent at-risk individuals
from becoming victims.
COORDINATING RESOURCES FOR DRUG EDUCATION
The Attorney General’s Office awarded more than $5.4 million in grants to
fund law enforcement officers who teach the state’s youth ways to resist
drugs. These grants had been offered by the Attorney General’s Office
since 1995, but were limited to officers who taught the formal D.A.R.E.
curriculum. The Attorney General broadened grant eligibility, enabling all
officers who do drug prevention work in Ohio’s public schools to apply.
The change allowed the money to reach areas where officer presence in
schools had been — or was about to be — cut. The funds allowed the
Toledo and Mansfield police departments to call back officers and helped
the Hamilton Police Department avoid layoffs.
26
 JOINING FORCES
TO FIGHT CRIME

PROVIDING AID TO CRIME VICTIMS, COMMUNITIES JOINING FORCES AGAINST SUPPORTING THE IMPORTANT WORK OF PROSECUTORS TRAINING WITH THE BEST
DOMESTIC VIOLENCE
General Counsel for Law
The Attorney General’s Crime Victims Assistance and The Attorney General’s Office Attorney General Cordray established a Criminal Justice Enforcement Operations Matt
Prevention Section provides help for crime victims, training teamed up with the Ohio Section to maximize legal resources available to local law Kanai was one of only six recipients
for professionals who work with them and crime prevention State Board of Cosmetology to enforcement and prosecutors. The section includes four units: of an exclusive U.S. Supreme
reintroduce Cut It Out, a national Court fellowship with the National
programs for Ohio communities. domestic violence awareness Special Prosecutions, Capital Crimes, Habeas and Corrections. Association of Attorneys General.
effort. Through the program, Ohio Here’s a look at some cases they handled during the year. He attended U.S. Supreme Court
HELPING VICTIMS WITH EXPENSES salon professionals are trained oral arguments and participated
to recognize signs of domestic ASSISTING WITH MAJOR CASES in moot court. Complementing
Ohio’s Crime Victims Reparations Fund reimburses victims of violent crime violence. The program provided that opportunity for his own
and eligible family members for medical and counseling expenses, lost continuing education credits to professional growth was one he
The Special Prosecutions Unit provides support with major felony cases,
wages and certain other costs. The fund provided compensation for 4,816 735 stylists who attended two-hour created for prosecutors across
such as homicides, sex offenses involving children, white collar crimes
claims, paying out nearly $11.8 million. The average award totaled $2,448. seminars offered by the Attorney Ohio when he landed a $100,000
and wrongdoing by public officials. Attorney General Cordray increased
General’s Office. the number of assistant attorneys general in the unit from four to six in grant from the federal Capital Case
The fund also reimburses hospitals for forensic exams performed after a Litigation Initiative. The funds will
order to place attorneys in Cleveland, Toledo and Cincinnati in addition to
suspected sexual assault. The Sexual Assault Forensic Examination (SAFE) HELPING FAMILIES, SCHOOLS provide capital litigation training
Columbus. Among the cases the unit prosecuted were six involving public
program ensures that victims are not charged for medical expenses that USE THE WEB WISELY for county prosecutors in 2010
corruption, including the use of public funds to pay campaign expenses,
accompany this traumatic event and that evidence is collected properly and 2011.
and the sale of guns seized in a criminal investigation for personal profit.
for future prosecution. The reparations fund paid 6,231 SAFE claims The Internet can be a valuable
totaling more than $3.3 million. educational tool, but children State v. Vonda Ferguson: A Springfield woman was sentenced to 65 years
and teens need to use it wisely. in prison for beating, abusing and torturing her five adopted children.
SAFEGUARDING FINANCIAL RESOURCES Trainings provided by the Attorney The Attorney General’s Office and Union County Prosecutor’s Office
General’s Office address right and prosecuted the case.
Because of longstanding concerns about the Ohio Crime Victims wrong ways to use technology and
Reparations Fund’s future solvency, the Attorney General’s Office took how to respond to intimidation, State v. Dustin Barnette: The defendant received a 20-year prison
steps to cap certain expenses and standardize the amount of money harassment, cyberbullying and sentence after being convicted in Hocking and Meigs counties of sexually
private attorneys are paid for assisting victims. Attorney General Cordray sexting. The office instructed molesting three girls between the ages of 6 and 14.
is working with other state attorneys general to press the federal more than 37,000 students in
government to lift a restriction on the amount of federal Victims of Crime 41 Ohio counties and provided UPHOLDING DEATH SENTENCES
Act dollars available to the states. cyber safety training to more than
2,700 parents, educators and law The Capital Crimes Unit works to uphold lawfully imposed death
The office also has a statutory duty to hold offenders financially enforcement officers. sentences. The unit also can assist county prosecutors by participating
accountable for their crimes. Funds collected from offenders or other
in capital litigation in state courts and responding to clemency requests
responsible sources totaled $551,484, up more than 12 percent from the prior to execution. Attorneys in this unit were responsible for 141
year before, and were added to the Reparations Fund. aggravated murder cases with death sentences in various stages of federal
review or the state clemency process. The office successfully defended
KEEPING THE PUBLIC INFORMED several challenges to the constitutionality of Ohio’s lethal injection
procedure and worked with the Ohio Department of Rehabilitation and
The Victim Information and Notification Everyday (VINE) system provides Correction to establish the nation’s first one-drug lethal injection protocol.
information about a criminal offender’s custody status and gives updates
when a change in status occurs. In 2009, the public visited the VINE Web
site 573,672 times, and the operations center handled 242,717 calls. An
automated system issued 19,652 e-mails and 13,317 phone notifications
to registered VINE users. VINE is provided by the Attorney General’s
Office in partnership with the Buckeye State Sheriffs’ Association, Ohio
Department of Rehabilitation and Correction, and Ohio Department of
Youth Services. 28
 JOINING FORCES
TO FIGHT CRIME

ENSURING CONVICTIONS UPHELD

The Habeas Unit represents the Ohio Department of Rehabilitation

and Correction in federal and state habeas corpus litigation brought
by inmates who claim their convictions or prison sentences are
unconstitutional. The unit defended 448 new habeas petitions and was
successful in having the original convictions and sentences upheld in 98
percent of the cases.

Condon v. Wolfe: A photographer, Thomas Condon illegally gained access

to the Hamilton County morgue and photographed several bodies that
he posed in bizarre positions with various props. He sought to overturn
his conviction on several counts of abuse of a corpse, claiming — among
other things — that his actions constituted protected expression under
the First Amendment. The U.S. Court of Appeals for the 6th Circuit
affirmed Wolfe’s conviction.

Stein v. Eberlin: Matthew Stein is serving an eight-year prison sentence

following his conviction in Richland County for felonious assault involving
his 5-month-old son, Aiden, now in a permanent vegetative state. The unit
successfully upheld Stein’s sentence and conviction in federal court. The
case went to the Ohio Supreme Court on a custody issue when the child’s
appointed guardian wanted to remove him from artificial life support. The
court ruled the guardian did not have the authority to make that choice.

DEFENDING AGAINST INMATES’ CLAIMS

The Corrections Unit represents the Department of Rehabilitation and

Correction (DRC) and the Department of Youth Services (DYS) in civil suits
brought by inmates. The unit defended 285 suits in state or federal courts
and were successful in obtaining dismissals in more than 90 percent of the
suits. The unit provided counsel in remediation phases in five class-action
suits involving the DRC and DYS.

Miller v. Wilkinson: Since 1998, the office has defended the state in a
class-action suit brought by inmates who practice the Asatru religion, the
Scandinavian religious practice of worshipping Norse gods. A settlement
was reached that, if approved by the court, will maintain prison security,
provide a means for inmates to practice their religion and bring an end to
expensive litigation.

Ortiz v. Voinovich: The Attorney General’s Office successfully appealed a

$625,000 jury verdict rendered in favor of a prison inmate. The U.S. Court
of Appeals for the 6th Circuit overturned the jury verdict, which had held
prison employees responsible for injuries claimed by an inmate.

ANTHONY PARR CONDUCTS A TEST IN THE BUREAU OF CRIMINAL

IDENTIFICATION AND INVESTIGATION’S FORENSIC BIOLOGY UNIT.
30
The Attorney General’s Office represents the interests of Ohio
in court — the U.S. Supreme Court, the Ohio Supreme Court
or other courts throughout the state. In recent cases, the
office’s attorneys defended the constitutionality of Ohio’s sex
offender registration laws, preserved an important tool in
the fight against drunken driving, saved the state’s schools
millions of dollars and helped protect Ohioans’ civil rights.

Advocating for Ohio

WITH PROFESSIONALISM
AND INTEGRITY

32
 ADVOCATING
FOR OHIO
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 only a small
number of cases each year. A
party must first petition the court
to accept a case for review and, if
successful, convince the court to
rule in its favor.
REPRESENTING OHIO IN COURT
Ohio Attorney General Richard
Cordray, a former U.S. Supreme
Court Clerk and Ohio Solicitor
General, has appeared in state
and federal courts many times
during his career, including
seven appearances before the
U.S. Supreme Court. In 2009, he
personally argued and won two
cases — one in the U.S. Supreme
Court and another in the Ohio
Supreme Court.
U.S. Supreme Court acceptance rate*
Average: 4%
State of Ohio: 67%
Ohio Supreme Court acceptance rate*
Average: 10%
State of Ohio: 71%
Appeals Section wins in 2009
U.S. Supreme Court: 100% (2 of 2 cases)
Ohio Supreme Court: 75% (12 of 16 cases)
*Figures exclude cases filed by indigent litigants.
Ohio Grocers Association v. Levin:
Attorney General Cordray argued
for an even-handed application of
the commercial activity tax. The
Ohio Grocers Association sought an
exemption from the tax, claiming
it violated the ban on taxing food
sales. But the court ruled that
taxing a grocer’s gross receipts as a
business is not the same as taxing
its sales. The decision preserved
$190 million in annual revenue for
Ohio and represents a critical ruling
for local government funding.
DEFENDING OHIO’S CAPITAL
PUNISHMENT LAW
The U.S. Supreme Court
unanimously reversed a lower
federal appeals court in two
capital cases and reinstated death
sentences as requested by the
Attorney General’s Office in Bobby
v. Bies and Bobby v. Van Hook.
In addition, in Garner v. Mitchell, the
Court of Appeals for the 6th Circuit
unanimously reversed a decision
to throw out a capital defendant’s
murder conviction after a lower
court found he was not competent
to understand his Miranda rights.
The office successfully argued that
police had done nothing wrong in
advising the defendant and had
no reason to question his level of
understanding.
PROTECTING CHILDREN FROM
HARMFUL MATERIALS ONLINE
In Cordray v. American Booksellers
Foundation for Free Expression, the
Ohio Supreme Court agreed with
Warden v. Spisak: The U.S.
the Attorney General’s Office that
Supreme Court unanimously
the state’s new law prohibiting
decided to reinstate the death
online dissemination of materials
sentence of Frank Spisak Jr. for his
harmful to juveniles encompasses
1982 hate-inspired shooting spree
instant messaging, personal
on the Cleveland State University
e-mails and private chat rooms.
campus. The decision reversed
a lower court decision vacating
ASSISTING LOCAL PROSECUTORS
the death penalty. Attorney
General Cordray argued the case
The Attorney General’s Office
in October, and the court ruled in
appeared in about two dozen
January 2010.
cases in the Ohio Supreme Court
to support county prosecutors on
a range of criminal matters and
to defend the constitutionality of
Ohio’s sex offender registration
laws (the Adam Walsh Act).
PRESERVING OHIO’S SAFEGUARDING LAKE ERIE
DRUNKEN DRIVING LAWS RIGHTS FOR ALL OHIOANS
Partnering with the city of In 2005, the Ottawa Tribe of
Marysville in State v. Hoover, the Oklahoma sued the state for
Attorney General’s Office defended
a state law that increases the
unrestricted commercial fishing
rights in Lake Erie, claiming that
sentence for someone with a prior they owned the rights. In Ottawa
DUI conviction who refuses a Tribe of Oklahoma v. Logan, the
chemical test. The Ohio Supreme
Court reversed a lower court ruling
Attorney General’s Office argued
that the tribe’s claims had no legal
that the law was unconstitutional,
preserving an important tool in the
merit, a position upheld by the U.S.
Court of Appeals for the 6th Circuit.
fight against drunken driving.
DEFENDING PUBLIC SAFETY
SUPPORTING SCHOOLS
A gas service line warranty provider
When a Cleveland-area school, challenged an agreement giving
Greater Heights Academy, failed to
pay for busing services, Community
Columbia Gas of Ohio exclusive
responsibility for repairing and
Bus Services Inc. tried to garnish
the school’s aid payments from
replacing customer service lines.
In Utility Service Partners v. Public
the state. In Community Bus v.
Greater Heights Academy, the
Utilities Commission, the Ohio
Supreme Court agreed with the
Cleveland Municipal Court and Attorney General’s argument that
the 8th District Court of Appeals utility lines can pose safety hazards
unanimously agreed with the and that the owner, Columbia Gas
Attorney General’s position that in this case, should be responsible
sovereign immunity does not for them.
permit a private company to
garnish state aid payments.
ENSURING CITY WORKERS’
RESIDENCY RIGHTS
The office successfully defended a
state law that gives city workers —
including police, firefighters and
others — the right to live where
they want and still keep their jobs.
After the Lima v. State and Akron v.
State decisions, the state law now
trumps the residency rules that
many cities had enforced for years.
34
 ADVOCATING
FOR OHIO
SUPPORTING PIVOTAL CASES ENFORCING TOBACCO LAWS,
PROTECTING FUNDS
The Attorney General’s Office signaled its support for the legal positions of
others by filing amicus briefs on the following issues: In 1998, Ohio and 45 other states
and U.S. territories entered into
Second Amendment: In NRA v. City of Chicago, Ohio joined other states in a Master Settlement Agreement
asking the U.S. Supreme Court to determine that the Second Amendment (MSA) with tobacco manufacturers.
right to keep and bear arms is applicable to the states. Ohio, the fourth-largest recipient
of funding, received $367 million
Campaign finance reform: In Citizens United v. Federal Election in 2009.
Commission, the Attorney General supported the FEC’s efforts to uphold
restrictions on corporate campaign advertising and to prevent the court The Tobacco Enforcement Section
from overruling decades of campaign finance laws. has to date successfully defended
the state’s 2008 decision to
Effective guardianship: In Guardianship of John Spangler, the Attorney securitize the MSA revenue stream
General urged the Ohio Supreme Court to give county agencies authority in a $5 billion bond package, most
to remove a guardian when he or she is not acting in the best interest of recently in the 10th District Court
a child. of Appeals in Board of Tobacco Use
Prevention and Control Foundation
PROTECTING CIVIL RIGHTS v. Boyce.
As legal counsel to the Ohio Civil Rights Commission, the Attorney The state gained a number of legal
General’s Civil Rights Section members serve as civil prosecutors, and administrative responsibilities
investigators and advisers on all issues related to federal Equal through the MSA. The Tobacco
Employment Opportunity and Housing and Urban Development laws. Section handles these duties,
The section secured more than $770,000 for complainants, up more than including certification of all
$250,000 from the previous two years. tobacco product manufacturer
cigarette brands. A directory
In Ohio Civil Rights Commission v. Arthur Burton, the section won a of brands permitted to be sold
$250,000 jury verdict for a tenant whose landlord sexually harassed her. in Ohio is posted at www.
The case involved a Kettering landlord who harassed a 20-year-old tenant, OhioAttorneyGeneral.gov/
procrastinated in repairing her front door lock, repeatedly made sexually TobaccoSearch. In 2009, 34 brands
threatening remarks and offered to pay her for sex. After several days of were removed from the directory,
escalating harassment, the tenant — fearing for her safety — went to the six as a result of the Family
police and then to the Ohio Civil Rights Commission before being forced Smoking Prevention and Tobacco
to move out. In addition to paying damages and court costs, the landlord Control Act that President Obama
is required to include fair housing language in all rental applications and signed in June.
leases, prominently post notices of Ohio and Federal Fair Housing Law
and take Fair Housing training. Tobacco Section attorneys also
enforce the public health or
Section attorneys also led fair housing, equal employment opportunity business and marketing restrictions
and civil rights education for many groups throughout the state. A of the MSA, which include bans
training milestone was reached with the Ohio Department of Public on certain advertising and brand-
Safety when each of the Ohio Highway Patrol’s 2,440 employees — name merchandise. Nat Sherman,
1,527 sworn officers and 913 other staffers — completed employee a company based in New York
discrimination training. City, was marketing items such
as caps and T-shirts through its
catalog and Web site. After the
Attorney General’s Office filed a
30-day notice of intent to file suit,
the company agreed to stop its
marketing practices.
In 2006, Ohio voters approved a
ban on smoking in most public
places and employment sites. As
attorneys for the Ohio Department
of Health, the Tobacco Section
appears before state courts
and administrative agencies to
seek preliminary injunctions
against businesses violating the
law and to defend against their
lawsuits. In 2009, that included 38
administrative hearings, 28 cases
in the Franklin County Court of
Common Pleas and six cases in the FAIR HOUSING CASE EARNS ACCOLADES
10th District Court of Appeals.
Two assistant attorneys general were part of a legal team whose work
on one of the most significant fair housing cases in history put them in
contention for a national trial lawyer award. The team, which included
Stefan Schmidt and Marilyn Tobocman of the Civil Rights Section,
secured a jury award of $10.8 million for the predominantly African-
American residents of Coal Run, southeast of Zanesville. They proved
that authorities violated residents’ civil rights by denying them water
service for 50 years. Coal Run residents had been forced to drink and
bathe in groundwater contaminated by coal mining and use rainwater
caught in cisterns laden with bugs, worms, rodents and dead animals,
while residents of surrounding communities enjoyed city water service.
In Kennedy v. City of Zanesville, a federal court found the City of Zanesville,
Muskingum County and East Muskingum Water Authority liable for
refusing to extend water lines to Coal Run residents’ homes. The legal
team, which included private- and public-sector attorneys, was one of
three finalists for the Trial Lawyer of the Year award given by the Public
Justice Foundation, a public-interest organization that recognizes socially
significant litigation.
36
 ADVOCATING
FOR OHIO

PROTECTING THE BOTTOM LINE

The Attorney General’s Office provides advice and counsel to all state
government entities. When matters are disputed, whether in court or
some other legal forum, the office serves as the exclusive representative
for the state.

Saving schools millions: The Education Section’s successful work in court

saved the state’s education system more than $5.8 million. Included in
that sum was a $2.6 million jury verdict in State ex rel. Ohio Department of
Education v. Ministerial Day Care Association to recover Head Start funds
misappropriated by a day care service provider.

The Franklin County Court of Common Pleas granted a summary

judgment in Walker v. The Ohio State University, rejecting forfeiture
claims totaling $4.7 million. And in Cincinnati City School District Board
of Education v. State Board of Education, an Ohio Supreme Court decision
reversed a fee award that would have cost the state’s schools more
than $490,000.

Preserving state revenue: The Ohio Board of Tax Appeals decided that
interstate pipeline companies doing business in the state since 2001
should be exempt from personal property tax — a ruling that, if allowed
to stand, would have cost school districts and local governments more
than $300 million. The Attorney General’s Office appealed the decision to
the Ohio Supreme Court and won in Columbia Gas Transmission v. Levin.

The Ohio Tax Commissioner denied a personal property tax refund of

$300,000 to HealthSouth, a national health-care services company, based
on its acknowledgement that it had overstated the value of its property in
order to cover up an intentional overcapitalization of assets on its financial
statement. HealthSouth appealed the decision to the Ohio Board of Tax
Appeals, which granted the refund. The Attorney General appealed to
the Ohio Supreme Court, arguing that the board had not provided an
adequate legal review of the claim, and the court agreed.

Helping utility customers: In Illinois Commerce Commission v. Federal

Regulatory Commission, Ohio energy consumers were spared at least
$295 million in utility rate increases. The hikes would have paid for
projects in other states that would not have benefited Ohioans.

SOLICITOR GENERAL BEN MIZER AND DEPUTY SOLICITOR

EMILY SCHLESINGER RESEARCH A CASE.
38
 OHIO ATTORNEY
GENERAL’S OFFICE STAFF

ADMINISTRATION SECTIONS AND OFFICES REGIONAL OFFICES

Richard Cordray, Attorney General
Chris Glaros, First Assistant
Attorney General
Sherry Maxfield, Chief Counsel
John Lenhart, Deputy Attorney
General for Law Enforcement
Sue Hamilton, Chief Operating
Officer of Administration
Helen Ninos, Chief Operating Officer
of Human Resources
Albert Lin, General Counsel
Sarah Lynn, Deputy Chief Counsel
Susan Ashbrook, Deputy Chief
Counsel
Luke Blocher, Executive Assistant
Attorney General, Planning and
Analysis
Leesa Brown, Executive Director of
Policy and Public Affairs
Zoe Berry,
Chief Financial Officer
Robin Hurst,
Director of Legislative Relations
Antitrust
Jennifer L. Pratt, Section Chief
Appeals
Ben Mizer, Solicitor General
Bureau of Criminal Identification
and Investigation
Peter Tobin, Superintendent
Business Counsel
Amy Minardo, Section Chief
Charitable Law
Pete Thomas, Section Chief
Civil Rights
Lori A. Anthony, Section Chief
Collections Enforcement
Marcia Macon-Bruce, Section Chief
Constitutional Offices
Kent Shimeall, Section Chief
Consumer Protection
Susan Choe, Section Chief
Court of Claims Defense
Paula Paoletti, Section Chief
Crime Victims Assistance
and Prevention
Jennifer Day, Section Chief
Criminal Justice
Jim Slagle, Section Chief
Environmental Enforcement
Dale T. Vitale, Section Chief
Executive Agencies
John Williams, Section Chief
Health Care Fraud
John Guthrie, Section Chief
Health and Human Services
Jonathan Fulkerson, Section Chief
Information Technology
Michael Sawczyn,
Chief Information Officer
Ken Clubok,
Chief Technology Officer
Labor Relations
Dan Belville, Section Chief
Legal Service
Russ Balthis, Section Chief
Ohio Peace Officer Training
Commission
Ronald Ferrell, Executive Director
Opinions Section
Kevin McIver, Section Chief
Organized Crime
Investigations Commission
Jeff Rossi, Executive Director
Public Utilities
Duane W. Luckey, Section Chief
Tobacco Enforcement
Susan Walker, Section Chief
Transportation
Rick Makowski, Section Chief
Workers’ Compensation
Patsy Thomas, Section Chief
Cincinnati Office
Chris Wagner, Managing Attorney
441 Vine St.
1600 Carew Tower
Cincinnati, OH 45202
Cleveland Office
Mark Mastrangelo,
Managing Attorney
615 W. Superior Ave., 11th Floor
Cleveland, OH 44113-1899
Toledo Office
Rick Baum, Managing Attorney
One Government Center
Suite 1340
Toledo, OH 43604
Youngstown Office
Cynthia Kravitz, Managing Attorney
20 W. Federal St., 3rd Floor
Youngstown, OH 44503

Education Revenue Recovery

Rebecca Albers, Section Chief Darla Reardon, Section Chief

Employment Law Taxation

Michael McPhillips, Section Chief Larry Pratt, Section Chief

40
Ohio Attorney General
Richard Cordray
30 E. Broad St., Floor 17
Columbus, OH 43215

(800) 282-0515
www.OhioAttorneyGeneral.gov