Ex-Trumbull commissioner faces up to 2 years in prison

By Ed Runyan

Tsagaris’ lawyer will plead for leniency.

AKRON — Jim Tsagaris, the two-term Trumbull County commissioner who last served in 2006, will learn Aug. 18 if he goes to a federal prison on mail fraud charges.

He pleaded guilty Friday to two counts of honest services mail fraud in federal court here.

Sentencing guidelines outlined in court by U.S. District Judge Sara Lioi call for the 75-year-old Howland man to spend between 18 months and two years in prison for the felony offenses, but Tsagaris and his attorney have indicated they will ask for leniency based on Tsagaris’ age and health.

Tsagaris’ attorney, Michael Bowler of Akron, would not disclose what health issues Tsagaris has, saying he will talk about them at the sentencing.

Bowler said federal sentencing guidelines are frequently followed fairly closely, but the judge has final say on what sentence Tsagaris will receive.

The federal prosecutor handling the case, Justin Roberts, did not divulge any new details of Tsagaris’ offense beyond what was stated in documents filed with the case last month: that Tsagaris failed to report a $36,551 loan from an area businessman, apparently received in 2004, and then supported the businessman’s proposals to do business with Trumbull County.

Roberts refused to identify the businessman.

The government said there was no payment schedule associated with the loan and no collateral offered. The charge stems from ethics reports Tsagaris filed in April 2005 and March 2006 in which he concealed the loan.

These actions amounted to a “scheme ... to defraud and deprive Trumbull County and the citizens of Trumbull County of their intangible right, free from deceit, fraud, dishonesty, favoritism, bias, self-enrichment, self-dealing, concealment and conflicts of interest, of the honest services of Demetrios (“James”) Tsagaris,” the government said.

The filing said Tsagaris’ duties as commissioner involved controlling whether contracts, awards or leases would be brought to the commissioners for a vote, deciding on how funds would be allocated and frequently met with people such as business people who wanted him to act in their behalf.

Judge Lioi said the highest possible penalty for the crimes is 20 years in prison on each count, plus a $250,000 fine.

The crime is more serious because Tsagaris was a public official at the time of the offense, but Tsagaris will receive credit if a pre-sentence investigation turns up no previous convictions, and he will get other credits for accepting responsibility for his actions, Judge Lioi said.

Bowler said he believes Tsagaris will qualify for credits based on having no previous criminal history.

Throughout the 75-minute hearing, Tsagaris, dressed in a business suit, answered Judge Lioi’s questions cooperatively about whether he understood that he was waiving his right to a jury trial.

After pleading guilty to the two offenses, Tsagaris signed for a $20,000 bond, turned in his passport and was released.

Attending the hearing with Tsagaris was Donald R. Ford, a former Trumbull County Common Pleas Court judge and retired 11th District Court of Appeals Court judge, who said he came to the hearing to support his friend.

Tsagaris’ travel will be restricted until his sentencing date to the northeast part of Ohio, except during part of July, when he is permitted to travel to Rhode Island.

The loan may have been received in 2004 based on the government’s documents, which say Tsagaris committed the fraud from December 2004 through December 2006.

According to the Trumbull County Auditor’s Web site, Tsagaris purchased the condominium where he now lives on Springbrook Drive in the Spring Run condominiums off North River Road on Dec. 22, 2004, for $195,000.

Tsagaris was a county commissioner from 1999 through 2006. He announced in January 2006 that he would not run for a third term, and Frank Fuda was elected to the job in November 2006.

runyan@vindy.com