43
Youngstown lawyers fined
Lawyers earlier pleaded guilty in federal court
CLEVELAND
Two downtown Youngstown lawyers were fined Tuesday in federal court after each had earlier pleaded guilty to a charge contained in information filed by the U.S. Attorney’s Office.
Chief U.S. District Court Judge Solomon Oliver Jr. sentenced Neal Atway, 49, to four months of electronically-monitored house arrest and fined him $2,000; and he sentenced Atway’s law partner, Scott Cochran, 45, to two years’ probation and fined him $2,500.
Atway had pleaded guilty in October to one count of conspiracy against rights, and Cochran had pleaded guilty to a single count of misbehavior in the presence of the court.
The monthlong trial of Atway and Cochran last year on extortion and obstruction of justice charges ended in a mistrial.
The U.S. Attorney’s Office had said it intended to retry the lawyers, but then filed the information containing the charges, to which Atway and Cochran pleaded guilty.
In the information, Atway was charged with abusing his power, authority and influence as the criminal defense lawyer for Charles Muth, a convenience store owner, to deprive Muth of money and property to benefit somebody else.
Cochran was charged with failing to provide completely truthful testimony during last year’s trial of Atway and Cochran concerning conversations among Atway, Cochran and Muth.
Muth was having a business dispute with another convenience store owner, Mohd 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 the federal case in which Atway and Cochran were sentenced Tuesday, Rawhneh pleaded guilty in May 2014 to conspiracy to commit wire fraud, and he will be sentenced at 2 p.m. Feb. 10.
Lawyers for Atway and Cochran filed sentencing memoranda with Judge Oliver, saying their clients had no prior criminal record and had already been substantially punished by the decline of their law practice following their indictment.
Atway’s lawyer, Roger M. Synenberg of Cleveland, noted that his client will likely suffer a law license suspension and asked Judge Oliver to put Atway on probation.
Cochran’s lawyers, John B. Juhasz and Lynn A. Maro of Boardman, said a fine would be sufficient punishment for Cochran.
Atway’s sentencing memorandum was accompanied by 24 letters to the judge from family, friends and colleagues in support of him.
Cochran’s sentencing memorandum was accompanied by 17 letters of support, including one from Nicholas E. Modarelli, chief assistant Mahoning County prosecutor, on county prosecutor’s office letterhead stationery, which called for “the most lenient sentence.”
Modarelli told the judge he had known Cochran for more than 10 years and always found him to be “honest and trustworthy” and had “never seen Atty. Cochran show anything but total respect for judges, other lawyers and the practice of law.”
Modarelli wrote that he found it “quite astonishing that Atty. Cochran would become involved in a situation such as this” and called it “a unique situation,” which Modarelli believes will not reoccur.
Modarelli and his boss, county Prosecutor Paul J. Gains, said Modarelli’s letter expresses Modarelli’s opinion and not that of the county prosecutor’s office.
“As long as Nick Modarelli’s letter is truthful, and I have no reason to believe it isn’t, I don’t have a problem with Atty. Modarelli expressing his opinion,” Gains said.
“I stand by what’s in my letter,” Modarelli said, adding that he has had extensive dealings with Cochran in Canfield and Austintown courts and that he was asked by Cochran’s defense team to write the letter.
“I don’t have any other letterhead,” Modarelli said, adding that he doesn’t have a private law practice.