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Store owner gets a year and a day in prison in case against Youngstown attorneys
CLEVELAND
A defendant who pleaded guilty to conspiracy to commit extortion, obstruct justice and commit wire fraud has been sentenced to a year and a day in federal prison.
Chief U.S. District Judge Solomon Oliver Jr. imposed the sentence Wednesday on Mohd Rawhneh, a 56-year-old convenience-store owner, who was a key figure in the criminal case of Youngstown law partners Neal Atway and Scott Cochran.
After prison, Rawhneh will be on three years of supervised release.
He also must make restitution for $246,643 he failed to pay in sales tax to the state.
Last month, Judge Oliver sentenced Atway, 49, to three years’ probation, with the first four months of it under electronically monitored house arrest, and fined him $2,000, after Atway pleaded guilty to one count of conspiracy against rights.
Judge Oliver sentenced Cochran, 45, to two years’ probation and fined him $2,500, after Cochran pleaded guilty to misbehavior in the presence of the court.
The lawyers pleaded guilty to their respective charges that were contained in an information filed by the U.S. Attorney after their monthlong jury trial last year on extortion and obstruction-of-justice charges resulted in a mistrial.
The conspiracy to commit extortion and obstruct justice charges Rawhneh pleaded guilty to pertain to his purported conspiracy with Atway and Cochran, and the conspiracy to commit wire fraud charge Rawhneh pleaded guilty to pertains to his nonpayment to the state of sales taxes from his stores.
In the information pertaining to the lawyers, Atway was charged with abusing his power, authority and influence as a criminal defense lawyer for Charles Muth, another convenience-store owner, to deprive Muth of money and property to benefit Rawhneh.
Cochran was charged with failing to provide completely truthful testimony during the trial concerning conversations among Atway, Cochran and Muth.
Muth was having a business dispute with Rawhneh.
The U.S. Attorney alleged that Atway led Muth to believe that, unless Rawhneh got money and property from Muth and Muth’s stores, Rawhneh would appear at Muth’s sentencings and tell the judges facts that could result in harsher punishment for Muth.
In a federal case, Muth got five months in prison for growing marijuana in his home.
In a state case, Muth got 18 months in prison on charges of ethnic intimidation and aggravated assault for his role in a Dec. 28, 2011, shooting at the Boardman home of Rawhneh’s ex-wife, in which nobody was hurt.
In a sentencing memorandum, Rawhneh’s lawyer, Frank J. Cimino of Ravenna, cited Rawhneh’s lack of any prior criminal convictions and his family and community ties and called for Rawhneh to be sentenced to probation.