Tuesday, September 28, 2004
The bar association filed a complaint against the lawyer in June.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
YOUNGSTOWN -- A 19-count information charging tax offenses was filed today in Cleveland federal court against suspended attorney Mark S. Colucci.
Counts one through 14 charge that Colucci, 46, of Austintown, collected nearly $30,000 in income taxes and Federal Insurance Contributions Act taxes from his employees but failed to pay the IRS. The years involved are 1996 through 2001.
Counts 15 through 19 charge that Colucci failed to pay $291,149 in personal income tax for calendar years 1997 through 2001.
For the government to file an information, a defendant must waive his right to indictment by a grand jury and, in nearly all cases, reach a plea agreement.
Matthew B. Kall, an assistant U.S. attorney in Cleveland, had no comment. Colucci's Canfield attorney, David J. Betras, said today that Colucci resigned his law license last week and will plead guilty to the tax charges.
In June, the Mahoning County Bar Association filed a complaint against Colucci, charging that he did secret legal work for James A. Traficant Jr. when the then-congressman was defending himself against federal bribery charges in 2001. The bar also accused Colucci of charging excessive fees and not doing legal work for his clients.
Since then, Colucci's clients have been filing police reports, recounting complaints about him.
In July, the Ohio Supreme Court, based on the bar association complaint, suspended the lawyer's license pending an investigation. He has maintained a low profile since then.
When Colucci spoke to the press July 30, 2002, in Cleveland after Traficant was remanded into custody for eight years, the televised event caught the attention of U.S. District Judge Peter C. Economus in Youngstown. The judge, in a show-cause order, instructed Colucci to explain why he should not be sanctioned for failing to appear in his court at 2:30 p.m. that day for a hearing.
Was fined
Judge Economus, calling Colucci's conduct egregious, later fined him $750.
Colucci had intended to serve as co-counsel for Traficant's sentencing. After a conflict of interest was raised, Traficant, saying he wanted to preserve his appellate rights, did not use Colucci.
In December 2000, the lawyer offered tips to the government to win its case against Traficant.
meade@vindy.com