Flask's bankruptcy filing must be challenged quickly
Edward A. Flask, who got a slap-on-the-wrist sentence last year after pleading guilty to two felony and seven misdemeanor charges related to his service as a director of the Mahoning Valley Sanitary District, is once again trying to finesse the judicial system. He must not succeed.
Flask filed for bankruptcy last Friday, derailing a civil trial that was to have begun Monday morning in the Mahoning County Courthouse. The state of Ohio, through the attorney general's office, is suing to recover $2.4 million from the former MVSD board member, contending that he improperly paid the Gilbane Construction Co. of Rhode Island for work it never performed as construction manager on a $50 million improvement project at the water purification plant in Mineral Ridge. The state also contends that Flask improperly received health, life insurance and pension benefits from the district.
A similar lawsuit has been filed against another former MVSD board member, Frank DeJute of Niles, whose trial is scheduled next month.
Last week, a federal judge in Columbus tossed out a $2.4 million suit against the Gilbane Co., a decision the state is appealing.
Last minute: Not only did Flask wait until the last minute before filing for bankruptcy protection from his creditors Friday, his lawyers waited until 9 p.m. Sunday to inform the attorney general's office. By then, the 50 prospective jurors had already been notified to report to court Monday morning.
This blatant attempt by Flask to force the state's hand in his civil case should be rejected by the bankruptcy court, and he should be made to pay the expenses related to Monday's court session.
And in looking at the issue of his Chapter 7 bankruptcy filing, the court should ask these questions: Why should Flask's assets be protected by bankruptcy when there is no judgment against him? Would he have still filed for bankruptcy had the state dropped its lawsuit against him? Should the court believe him when he says that he is in financial dire straits due to unpaid legal bills and court fees stemming from his criminal trial?
Before any tears are shed for Flask, we believe the attorney general's office should conduct an indepth analysis of Flask's finances, going back to 1996 when Mahoning County Common Pleas Judge Maureen Cronin asked state Auditor Jim Petro to conduct a special audit of the MVSD.
Flask pleaded guilty last year to improperly receiving about $2 million in consulting fees, tickets to sporting events and concerts, political contributions and meals from four companies doing business with the MVSD. A man who used his public position for personal gain can't be trusted when he tells you he's broke.
His 90-day stay in the Trumbull County Jail -- he could have gotten 36 months in prison-- should be the last favor he receives from the judicial system.