State of Ohio vs. James Burge

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LOR C O J N T V Cim OF C O J R T S C R I M County Court of Common Pleas Criminal Court Division

State of O h i o ,

A True Bill Indictment Plaintiff

Falsification

VS. §2921.13(A)(7), 2921.13(F)(1)

James Buxge, Defendant

11 A d d i t i o n a l Count(s) Dates of Offense (on or about) 01/25/2011 to 02/11/2013

The State of O f u o , T • ^ Lorain Counrv

Count One

The Term Of Special Grand Jur>

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Falsification - M l §2921.13(A)(7), 2921.13(F)(1)

Defendants

James Bulge

Date of Offense

On or about January 24, 2012

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T?K /urors 0/ tiie Grii?id /un/ o/t/u; State, of Ohio, imthin cmd for the body of the County aforesaid, on their oaths, I N THE NAME A N D BY THEAUTHOFSTY OF T H E STATE OF OHIO, do find and present, that the above named Def^dant, on or about the date of the offtme set forth above, in the County of Ohio Lorain, unlaiDfully

did knc^vingly make a false statement, or knowingly swear or affijm the truth of a false statement previously made, w h e n the statement was ia w r i t i n g on or ia cormection w i t h a report or return that is required or authorized by law. The offense is contrary to the farm of the statute in such case made and provided, atid against the peace and dignity of the State of Ohio.

Count Two

Tampering w i t h Records - F3 §2913.42(A)(1), 2913.42(B)(4)

Defendants

James Burge

Date of Offense

On Or about Januar>^ 24, 2012

The grand jurors, on their oaths, further find that the Defendant(s), in the county aforesaid, unlawfully

did, k n o w i n g he had no privilege to do so, and w i t h purpose to defraud or k n o w i n g he was facilitating a fraud on The State of Ohio falsify, destroy, remove, conceal, alter, deface, or mutilate any writing, computer software, data, or record, to w i t 2011 Ohio Financial

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Disclosure Statement and the v.Titing, data, computer softv\'are, or record was kept by or belonged to a local, state, or federal governmental entity. The offense is contrary to the form of the statute in such case made and provided, and against th peace and dignity of the Slate of Ohio.

Count Three

Soliciting Improper Compensation - M l §2921,43(A)(1), 2921.43(D)

Defendants

James Burge

Date of Offense

On

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or about February 1, 2011 to June 7,2011

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Tne grand jurors, on iheir oaths, further find that th Defendaniis), in the county aforesaid, unln^^ly

did while being a public servant knowingly sohcit or accept any comj^nSpi^onTother than as allowed by divisions (G), (H), and (I) of section 102.03 of the Revised C&3e, to perform the public servant's official duties, to perform any other act or service i n the pubhc servant's public capacit}^ for the general performance of the duties of the public servant's public office or public emplov*ment, or as a supplement to the public servant's public compensation. The offense is contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State of Ohio.

Count Four

H a v i n g an U n l a w f u l Interest i n a PubHc Contract - F4 §2921.42(A)(1), 2921.42(E)

Defendants

James Burge

Date of Offense

On or about February 1 , 2011 to June 7, 2011

The grand jurors, on their oaths, further find that the D^endani(s), in the county aforesaid, unlawfully

did -while being a public official knowingly authorize or employ the authority or irifluence of his office to secure authorization of any public contract i n which he, a member of his family, or any of his business associates had an interest, The offense is contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State of Ohio.

Foreperson of the Grand 3ur>'

Speg^rvSseojtlng Attomey

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Count Five

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LOR C O J N T V C L E R K OF C O J R T S C R I M ,

Falsification - M l §2921,13(A)(7), 2921.13(F)(1)

Defendants

James Burge

Date of Offense

Qn or about Januar}' 25, 2011

Thx grand jurors, on their oaths, further find that the Defmdant(s), in the count)/aforesaid, unlawfully

did knowingly make a false statement, or knowingly swear or affirm the truth of a false statement previously made, when the statement was i n w r i t i n g on or i n connection with a report or return that is required or authorized by la\v. The offense is contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State of Ohio.

Tampering w i t h Records - F3 §2913.42(A)(1), 2913.42(B)(4)

Count Six Defendants

James Burge

Date of Offense

On

or about January 25, 2011

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Tne grand jurors, on their oaths, further find that the Dqendant(s), in the county aforesaid, unlawfully

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did, k n o w i n g he had no privilege to do so, and w i t h purpose to defraud or k n o w i n g he was faciiiLating a fraud on The State of Ohio falsify, destroy, remove, conceal, alter, deface, or mutilate any writing, computer software, data, or record, to w i t 2010 Ohio Financial Disclosure Statement and the writing, data, computer softw^are, or record was kept by or belonged to a local, state, or federal goverrmiental entity. I The offense is contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State of 1 Ohio.

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horeperwn of the Grand Jury

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C O J N l Y Cim OF C O J R T S C R i M _

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Soliciting Improper Compensation - M l §2921.43(A)(1), 2921.43(D)

Defendants

James Burge

Date of Offense

Q n or about February 1,2011 to June 7,2011

Tke grand jurors, on their oatks, further find that ike Defsndani(5), in the ccimty aforesaid, unlawfully

did while being a public servant kno^vingly solicit or accept any compensation, otiier than as allowed by divisions (G), (H), and (I) of section 102.03 of the Revised Code, to perform the public ser\^ant's official duties, to perform any otlier act or service i n the public servant's public capacity, for the general performance of the duties of the pubHc servant's public office or public employment, or as a supplement to the public ser\^ant's public compensation. The ojjhise is contrary to the form of the statute in such case madt md provided, and against the peace and dignity of the Ohio.

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Count Eight

State of

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Having an Unlawful Interest in a Public Contcftcl,- ¥ ^ §2921.42(A)(1), 2921.42(E)

Defendants

James Burs-e

Date of Offense

On

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or about February 1, 2011 to June 7, 2011

The grand jurors, on their oaths, further find that the Defendant(s), in the county aforesaid, unhaufuUy

did while being a public official knowingly authorize or employ the authority or influence of his office to secure authorization of any public contract i n which he, a member of his family, or any of his business associates had an interest. The offense is contrary to the form of the statute in such case made end provided, and against the peace and dignity of the State of Ohio.

Count Nine

Falsification - M l §2921.13(A)(7), 2921.13(F)(1)

Defendants

James Burge

Date of Offense

On

or about February 11,2013

The grand jurors, on their oaths, further find that the Defendant(s), in the county aforesaid, unlmufully

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did knowingly make a false statement, or knowingly swear or affirm the truth of a false statement previously made, when the statement was i n w r i t i n g on or i n cormection w i t h a report or return that is required or authorized by law.

Vi£ offtnzt is contrary to thi form of the statute in such case made and prauided, and against the peace and dignity of the State of Ohio.

Count Ten

Tampering w i t h Records - F3

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§2913.42(A)(1), 2913.42(B)(4) Defendants

James Burge

Date of Offense

Qn Or about February 11, 2013

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Vie grand jurors, on Hieir oaths, further find that t}ie Defendant(s), in the county aforesaid, unlawfully

did, k n o w i n g he had no privilege to do so, and w i t h purpose to dehaud or k n o w i n g he was facilitating a fraud on The State of Ohio falsif)^ destroy, remove, conceal, alter, deface, or mutUate any writing, computer software, data, or record, to wit; 2012 Ohio Financial Disclosure Statement and the w r i t i n g , data, computer software, or record was kept by or belonged to a local, state, or federal governmental entity. The offense is contrary to the form of t}ie statute in such case made and provided, and agairist the peace and dignity of the Stale of Ohio.

Count Eleven

Soliciting Improper Compensation - M l §2921.43(A)(1), 2921.43(D)

Defendants

James Burge

Date of Offense

On or about February 1, 2011 to June 7, 2011

The grand jurors, on tMr oaths, further find that the Defendantis), in the county aforesaid, unlawfully

did while being a public servant knowingly solicit or accept any compensation, other than as allowed by divisions (G), (H), and (I) of section 102,03 of the Revised Code, to perform the public servant's official duties, to perform any other act or service i n the public servant's public capacit}^ for the general performance of the duties of the public servant's public office or public employment, or as a supplement to the public servant's public compensation. Tne offense is contrary to thefiyrm of the statute in such case made and provided, and against the peace and dignity of the State of Ohio.

Fcfeperson of the Grand Jury

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Count Twelve

Having an Unlawful Interest in a PubHc Contract §292a.42(A)(l), 2921.42(E)

Defendants

James Burge

Date of Offense

On or about February 1, 2011 to June 7, 2011

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Tne grand jurors, on their oaths, further find that the Deffndant(s), in the county aforesaid, unlawfully

did while being a pubHc official knowingly authorize or employ the authority or influence of his office to secure authorization of any pubHc contract in which he, a member of his fairuly, or any of his business associates had an interest. Vne otfenie is contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State of Ohio.

All against the peace and dignit)- of the State of Ohio.

Ia&iew7. D p a ^ e 0079278^ Special Pj^cuting Attorney

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