Judge stays true to form in his dealings with Flask

Edward A. Flask, the former Mahoning Valley Sanitary District director convicted of improperly accepting $2 million during his tenure on the public board, has once again received a tap on the wrist from Visiting Judge Richard Markus.
Since July 2001, when he was ordered to pay $78,562 -- that's taxpayer money, folks -- to the Ohio Ethics Commission as part of his sentence, Flask has shelled out only $1,240. Yet the judge does not consider that an egregious violation of a court order -- just as he didn't consider Flask's crime to be all that earth-shattering in the first place. Remember the 90-day sentence Judge Markus handed Flask, which was served in the Trumbull County Jail? This after the one-time area political facilitator pleaded guilty to two felonies and seven misdemeanors and after Special Prosecutor Victor Vigluicci had asked for a stiffer penalty.
Last week, during a hearing on Flask's failure to reimburse the ethics commission the money it had spent in investigating his crimes, Vigluicci had again sought harsher punishment, but Judge Markus stayed true to form. He rejected the prosecutor's motion that Flask be sent to prison, saying he was unwilling to imprison someone who is unable to pay his bills.
Not bankrupt
On what basis did Judge Markus conclude that Flask is unable to pay his debts? Did the judge forget -- or simply ignore -- the fact that Flask himself had indicated that his financial health was not an issue when he withdrew his federal bankruptcy filing? The only other explanation for Flask's withdrawal of the bankruptcy motion is that he had filed it as a ploy to keep the Ohio attorney general's office from pursuing a civil case against him to recover $2 million the state says Flask and another former MVSD director, Frank DeJute, paid to the Gilbane Co. of Rhode Island for work it never did at the water purification plant in Mineral Ridge. Gilbane was the construction manager on a major capital improvement project at the plant.
Rather than send Flask back to jail, as the special prosecutor had recommended, Judge Markus extended his probation for two more years.
That's a joke.
The fact that Flask was allowed to get away with not making regular payments to the ethics commission suggests to us that those involved in overseeing his probation share the judge's opinion that it's no big deal if an individual uses his public position for personal gain. Indeed, when he originally sentenced Flask to 90 days in jail, Judge Markus offered the asinine justification that there were no victims in the crimes Flask admitted committing. As we noted at the time, the 300,000 customers of the MVSD were the victims.
It is fortunate that not all judges have such an uncaring attitude toward white-collar criminals.
When federal Judge Lesley Brooks Wells sentenced former Valley Congressman James A. Traficant Jr. to eight years in prison, she made it clear that his using his public position for personal gain was just as serious as some crook wielding a gun in the commission of a crime. Such judicial thoughtfulness has certainly been lacking in the legal proceedings involving Flask.
State investigation
But Judge Markus' failure to act should not dissuade the state from pursuing Flask in civil proceedings to recover the $2 million and from investigating why he was given a pass insofar as repaying the $78,562 to the ethics commission.
Attorney General Jim Petro, who took office in January and inherited the MVSD file, has made it clear he will not throw in the towel, despite some previous legal setbacks. We applaud his no-nonsense attitude, and we now urge him to delve into why those responsible for monitoring Flask's probation did not raise a stink when he failed to make payments.
Petro should also investigate how Flask was able to perform his community service at St. Anthony Church on Youngstown's North Side. The Flask family has had a long relationship with the church and the parish priest, Monsignor John DeMarinis, has described Flask as a friend.
What did the priest require his friend to do to meet his community service obligation? Does he have a record of the 200 hours?