For Dann, it’s Tic Tac, Tic Tac

Although the Ohio Attorney General’s Office dodged a contempt of court ruling stemming from the confiscation in 2007 of Tic Tac Fruit machines, Judge Michael J. Holbrook used the words “appearance of impropriety” in describing the conduct of officials three years ago.

The attorney general at the time was none other than the Mahoning Valley’s disgraced favorite son, Marc Dann.

Judge Holbrook of the Franklin County Common Pleas Court did not elaborate on what he meant when he wrote that Dann’s staffers “may have had some appearance of impropriety” with regard to their relationship with the Tic Tac Fruit machine operators.

The judge also used the words “behind-the-scenes shenanigans” to describe what went on in the attorney general’s office during Dann’s 17-month service. No, he wasn’t referring to frat house hijinks.

The Liberty Township resident resigned after he admitted to having an extramarital affair with an employee and turning a blind eye to the sexual escapades of other members of his inner circle.

Last month, Dann’s former chief of staff and communications manager were fined for ethics charges that surfaced after the scandal that led to their firings and to Dann’s eventual resignation. Leo Jennings was fined $2,000 for failing to properly file forms and receiving improper compensation while working in the Attorney General’s Office. Edgar Simpson must pay $1,000 for failing to disclose income on a required state ethics form, while ex-chief of staff.

Both also received suspended jail sentences for the crimes, and Jennings will have to complete 250 hours of community service.

Cooperation

Both also have committed to assisting in future investigations that could lead to further criminal charges against individuals involved in the scandal.

Thus the question: Is Franklin County Prosecutor Ron O’Brien, who now has Dann and his wife, Alyssa Lenoff, in his cross hairs, pursuing Judge Holbrook’s findings of “appearance of impropriety” and “behind-the-scenes shenanigans?”

Jennings, who was very active in Dann’s election for attorney general and had contacts with major donors, will certainly be in a position to shed a lot of light about the Tic Tac Fruit machines.

Dann took thousands of dollars in campaign contributions from the operators of the machines in 2006, but he then turned on them after he became attorney general.

Why?

There have been all sorts of rumors about the falling out between the then attorney general and those involved in the so-called games-of-skill industry, but there hasn’t been a definitive explanation.

The operators had sought the contempt of court ruling against the attorney general office’s after the 2007 confiscations of the machines. They also sued in federal court alleging that Dann and his staff had violated their civil rights. That case is pending.

The latest developments also resurrect the whole matter of the legality of the devises that are found all over the state. Indeed, when Dann was attorney general, he contended that the operators were pulling in more than $100 million a year from the Tic Tac Fruit machines and other such devices. The operators insist that these are games of skill.

There is now a law that backs up the operators, but it also prohibits the payment of cash to the winners. Gas cards, long-distance phone cards, other gift cards or merchandise valued at $10 or less are permitted under the law.

Cash payments

However, as law enforcement officials will acknowledge, cash payments to the winners are a daily occurrence. The only problem is that policing what takes place in the establishments that have the machines is largely non-existent.

Indeed, even the courts haven’t been able to agree on whether Tic Tac Fruit machines are games of skill or gambling devices similar to slot machines.

It would be instructive for the Ohio Attorney General’s Office criminal branch to get a copy of a police report that was filed in early March. It details what occurred in an establishment on Mahoning Avenue when the owner decided to get rid of the machines that were there because the operator wanted him to pay winners in cash.

The report brings fond memories of the Mafia wars over vending machines when knee-capping was the preferred method of resolving conflicts.