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Judge puts car dealer on 2 years’ probation
By John W. GOODWIN JR.
YOUNGSTOWN
The owner of a car dealership, closed after accusations of corrupt activity by employees, has been placed on probation.
Jonathan Smail, 24, Jackson Street, Campbell, owner of Fat Man’s Auto Sales, appeared Thursday before Judge John M. Durkin of Mahoning County Common Pleas Court for sentencing. The judge placed him on two years’ probation and ordered Smail to continue working with police in getting titles to victims of the defunct dealership. Judge Durkin also ordered Smail to forfeit two vehicles.
Smail, along with several others associated with the business, were indicted in December on 132 counts associated with the business.
Complaints about the former Canfield Road car dealership ranged from lack of vehicle titles to unpaid Ohio sales taxes.
Fat Man’s has been closed since a multijurisdictional law- enforcement raid there in October 2009.
Smail ended up pleading guilty to one count of conspiracy to engage in a pattern of corrupt activity.
Judge Durkin, during Smail’s sentencing, said he wants to see the victims of the dealership made whole and receive titles for vehicles purchased.
Sending Smail to prison, he said, would not accomplish that.
Smail could be sent to prison for up to five years should he not continue assisting authorities in getting titles to the proper owners.
Atty. Jim Melone, representing Smail, said his client was the owner of the dealership but did not gain financially from any illegal activity at the business.
“Everyone is of the opinion that Mr. Smail was not the ring leader in this situation. He did not benefit one penny from the sale of those cars,” he said.
Smail apologized in open court to those affected by the business and pledged to do all he could to make things right.
“It just boggles my mind that this many people were victimized using my name,” he said. “I am going to do everything in my power to get those people their titles and make things right.”
Michael Mrosko, 33, of Grandview Avenue, Struthers, also pleaded guilty to a reduced charge of attempted engaging in a pattern of corrupt activity in the case.
He is scheduled to be sentenced Oct. 15.
Prosecutors have recommended a four-year prison term for Mrosko.
The available sentencing range is one to five years in prison, and Mrosko could be fined up to $10,000.