State agents continue Mahoning probate court probe
Published: Thu, September 25, 2014 @ 12:10 a.m.
mahoning co. probate court
By Peter H. Milliken
milliken@vindy.com
YOUNGSTOWN
The state auditor’s office is conducting a special audit of the Mahoning County Probate Court, a spokeswoman for State Auditor Dave Yost has confirmed.
“We do have a special audit of the probate court, but we can’t really speak to specifics about an audit while it’s ongoing,” said Carrie Bartunek, Yost’s press secretary.
Bartunek declined to disclose the nature of the allegations being investigated, the time period the probe is covering or who is being investigated. She said the probate court would be billed for the audit, the cost of which she could not estimate.
A special audit is a limited-scope examination of financial records and other information designed to investigate allegations of fraud, theft, or misappropriation of funds, or to quantify the extent of such losses, Bartunek explained.
Special prosecutors from the Ohio Attorney General’s Office requested the special audit because of the investigation of former probate judge Mark Belinky, said Dan Tierney, a spokesman for the AG’s office.
“The case against Mr. Belinky is still open and ongoing,” Tierney said, declining to comment further.
Belinky pleaded guilty to tampering with records by failing to record campaign finance transactions and is on two years’ probation.
The matter of the special audit surfaced publicly when Susan Maruca, the Democratic candidate for probate judge, disclosed the probe during her Tuesday candidate interview with The Vindicator’s editorial board.
Judge Robert N. Rusu Jr., who became probate judge July 8 after being appointed by Gov. John Kasich, confirmed the probe in his interview with the editorial board.
Judge Rusu said the matters being investigated pre-date his installation as probate judge, and, as far as he knows, they do not pertain to his staff.
“We’re cooperating fully,” Judge Rusu said, adding that he is not a target of the probe.
Judge Rusu is an independent candidate for a six-year term in the probate judgeship in the Nov. 4 election.
Representatives of the state auditors office last visited the probate court two weeks ago, said Lucia Lovell, court administrator.
On Aug. 25, the state auditor’s office provided the court with a list of 27 cases of interest, some active and some closed, which were initiated between 1984 and 2007, Lovell said.
Included among them are death estate and guardianship cases and two trust cases, Lovell added.
The court has provided the state auditor’s office with access to a computer terminal and to the court’s computerized case management system, Lovell said.
Judge Rusu’s appointment followed the March 14 resignation of Belinky, who pleaded guilty to tampering with records May 8 and was sentenced to two years’ probation July 9.
“Defendant to continue cooperation with government, with truthful testimony, if needed,” according to Belinky’s plea agreement with the Ohio Attorney General’s Office.
The Ohio Supreme Court accepted Belinky’s resignation from law practice in July.
Visiting Judge R.R. Denny Clunk of Alliance, retired Stark County probate judge, served as interim judge here between Belinky’s departure and Judge Rusu’s installation.
Investigators from the Ohio Bureau of Criminal Investigation, the FBI and the Mahoning County Sheriff’s Office served search warrants at the probate court and at Belinky’s Boardman home Feb. 7, seizing bank, tax and campaign finance records.
No search warrants have been executed at the court since Feb. 7, Lovell said.
The bill of information, to which Belinky pleaded guilty, says he failed to record more than $7,500 in contributions, expenditures or loans to his campaign fund between Oct. 23 and Dec. 10, 2008.
Had she been in office, Maruca said she would have made a public announcement of the state auditor’s probe in the interest of accountability to the public.
“While it’s uncomfortable, I think that families deserve to know what’s going on there,” because the probate court affects many people’s lives and considerable sums of money, she said.
“I would have immediately addressed the community about this investigation,” Maruca added.
Maruca said Judge Clunk told her after she won the May Democratic primary that BCI was then examining probate court files.
BCI agents last visited the probate court about three months ago, Lovell said.
Judge Rusu said he did not think he had any duty to make a public announcement of the state’s investigation.
“What would it have accomplished?,” he asked.
“It’s still an ongoing investigation, and I couldn’t comment about any specifics,” Judge Rusu said.
“This investigation has nothing to do with my operation of the court,” Judge Rusu concluded.
- See more at: http://www.vindy.com/news/2014/sep/25/special-probate-court-audit-revealed/#sthash.rZc5XM3z.NGddHhpc.dpuf
milliken@vindy.com
YOUNGSTOWN
Probate Court Investigation
Attorney Susan Maruca and Probate Judge Robert N. Rusu Jr. confirm an on-going investigation at the Mahoning County Probate Court.
“We do have a special audit of the probate court, but we can’t really speak to specifics about an audit while it’s ongoing,” said Carrie Bartunek, Yost’s press secretary.
Bartunek declined to disclose the nature of the allegations being investigated, the time period the probe is covering or who is being investigated. She said the probate court would be billed for the audit, the cost of which she could not estimate.
A special audit is a limited-scope examination of financial records and other information designed to investigate allegations of fraud, theft, or misappropriation of funds, or to quantify the extent of such losses, Bartunek explained.
Special prosecutors from the Ohio Attorney General’s Office requested the special audit because of the investigation of former probate judge Mark Belinky, said Dan Tierney, a spokesman for the AG’s office.
“The case against Mr. Belinky is still open and ongoing,” Tierney said, declining to comment further.
Belinky pleaded guilty to tampering with records by failing to record campaign finance transactions and is on two years’ probation.
The matter of the special audit surfaced publicly when Susan Maruca, the Democratic candidate for probate judge, disclosed the probe during her Tuesday candidate interview with The Vindicator’s editorial board.
Judge Robert N. Rusu Jr., who became probate judge July 8 after being appointed by Gov. John Kasich, confirmed the probe in his interview with the editorial board.
Judge Rusu said the matters being investigated pre-date his installation as probate judge, and, as far as he knows, they do not pertain to his staff.
Judge Rusu is an independent candidate for a six-year term in the probate judgeship in the Nov. 4 election.
Representatives of the state auditors office last visited the probate court two weeks ago, said Lucia Lovell, court administrator.
On Aug. 25, the state auditor’s office provided the court with a list of 27 cases of interest, some active and some closed, which were initiated between 1984 and 2007, Lovell said.
Included among them are death estate and guardianship cases and two trust cases, Lovell added.
The court has provided the state auditor’s office with access to a computer terminal and to the court’s computerized case management system, Lovell said.
Judge Rusu’s appointment followed the March 14 resignation of Belinky, who pleaded guilty to tampering with records May 8 and was sentenced to two years’ probation July 9.
“Defendant to continue cooperation with government, with truthful testimony, if needed,” according to Belinky’s plea agreement with the Ohio Attorney General’s Office.
The Ohio Supreme Court accepted Belinky’s resignation from law practice in July.
Visiting Judge R.R. Denny Clunk of Alliance, retired Stark County probate judge, served as interim judge here between Belinky’s departure and Judge Rusu’s installation.
Investigators from the Ohio Bureau of Criminal Investigation, the FBI and the Mahoning County Sheriff’s Office served search warrants at the probate court and at Belinky’s Boardman home Feb. 7, seizing bank, tax and campaign finance records.
No search warrants have been executed at the court since Feb. 7, Lovell said.
The bill of information, to which Belinky pleaded guilty, says he failed to record more than $7,500 in contributions, expenditures or loans to his campaign fund between Oct. 23 and Dec. 10, 2008.
Had she been in office, Maruca said she would have made a public announcement of the state auditor’s probe in the interest of accountability to the public.
“While it’s uncomfortable, I think that families deserve to know what’s going on there,” because the probate court affects many people’s lives and considerable sums of money, she said.
“I would have immediately addressed the community about this investigation,” Maruca added.
Maruca said Judge Clunk told her after she won the May Democratic primary that BCI was then examining probate court files.
BCI agents last visited the probate court about three months ago, Lovell said.
Judge Rusu said he did not think he had any duty to make a public announcement of the state’s investigation.
“What would it have accomplished?,” he asked.
“It’s still an ongoing investigation, and I couldn’t comment about any specifics,” Judge Rusu said.
“This investigation has nothing to do with my operation of the court,” Judge Rusu concluded.
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