Forms Generation Merge Doument (Sections) … · Web viewFloat loan. The City of Youngstown...

IN THE COURT OF COMMON PLEASMAHONING COUNTY, OHIO

GENERAL DIVISION

STATE OF OHIO )PLAINTIFF ) CASE NUMBER:

)VS ) JUDGE: MAUREEN SWEENEY

)DOMINIC MARCHIONDA )

DEFENDANT ) RESPONSE TO REQUEST FOR BILL OF

) PARTICULARS

Now comes the State of Ohio by and through counsel, Paul Gains the Mahoning County

Prosecutor by the undersigned, designated Special Assistant Mahoning County Prosecutor,

Daniel Kasaris and does hereby respond to the defendants’ request for a Bill of Particulars

Pursuant to the Ohio Rules of Criminal Procedure and Ohio law as follows:

THEFT OFFENSES

THEFT SUMMARY

As a general note, State Auditors have examinied more than 50 bank accounts that the defendant, Marchionda, is associated with or controls and have examined checks made payable to persons and entities. The written names of the personal accounts and/or entity are not always clear. In the pages that follow, where names are listed as receiving money, the names may be spelled differently than the actual spelling, because the name was hard to read on the particular check. Further, Dominic and his wife, Jacqueline Marchionda, had a bank account at First National Bank ending in ….8324, hereinafter referred to as Dominic/Jackie Marchionda …8324 when practicle. The public filing of this document will have the account numbers blocked to protect privacy interest as will account numbers for other bank accounts. However, the defense counsel version will not have anything blocked off.

Counts One through Six are theft counts charging Dominic Marchionda and a number of companies he owns, controls, manages, or operates with theft for stealing money from the City of Youngstown, the State of Ohio and/or the United States of America, commencing with the Flats

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at Wick project, which is located at the intersection of Madison Avenue and Elm Street in Youngstown, Ohio, and continuing on to, for the purpose of this indictment, the Wick Tower project in 2015-2016. There are a number of funds or funding sources involved in the thievery from the City of Youngstown, the State of Ohio and/or the United States of America as follows:

The City of Youngstown—The City of Youngstown offered and the Defendant, Marchionda and/or one of the companies listed in the various counts accepted from the City of Youngstown money in the following ways:

1. A Water Utility Grant funded with money from the Youngstown Water Department Fund. The Youngstown Water Department Fund is an enterprise fund separate and apart from the General Fund of the City of Youngstown. The City of Youngstown sells and collects water and sanitary sewer fees from people who reside in the City of Youngstown, Boardman Township, and other political subdivisions surrounding or near Youngstown, Ohio. Hence, the people or entities that pay into the Youngstown Water Department Fund are not the same people or entities that pay income taxes to the City of Youngstown, which makes up a large portion of the General Fund of the City of Youngstown. All the grant agreements provided that monies from the Water Department Fund shall be used for water or sanitary sewer purposes. The defendants took this money fully aware of the restrictions imposed upon the use of such funds by signing a number of agreements with the City of Youngtown affirming this acceptance. Thus, monies from these funds could only be used in a manner consistent with what the City of Youngstown had consented to permit the funds to be used for –water and or sanitary sewer purposes.

2. Float loan. The City of Youngstown operates a float loan or bridge loan program. The funding from the City of Youngstown comes from funds which are available from the City’s non-tax revenues in the General Fund 101. Like the Water Utility Grant described above, use of funds received by the defendants for any of these projects were restricted by the City of Youngstown and such restriction was agreed upon by the applicable defendants.

The float loan agreement for the Erie Terminal Project for example provided that:

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The Flats at Wick Project float loan agreement provided as follows:

ARTICLE I. Terms of Loan

This Loan is only for commercial purposes a n d is not a consumer transaction. Borrower has not and is not acquiring from the proceeds of the Loan any property f o r personal accounts, family or household purposes.

1.01 P romissory Note: On the terms and conditions of this Loan Agreement, Lender agrees to loan to Borrower and Borrower agrees to borrow from Lender the sum of Two Million Dollars and No Cents ($2,000,000.00) which shall be evidenced by a Cognovits Promissory Note (hereinafter referred to as the "Note") bearing interest at the rate of Zero percent (0.00%) per annum, for a term expiring October 12, 2010, at which time the entire unpaid balance shall be due and payable, or at any extended date that may be agreed to in writing, between Borrower and Lender, or between Borrower and the Assignee of Lender, in the event Lender assigns this note subsequent to the date of issue; provided, however, that Lender, or the Assignee of Lender, may by written notice to Borrower, declare the entire principal, plus accrued interest, if any, payable prior to the expiration date set forth above..

1.02 Use of Funds : Borrower agrees that it shall use the funds received by it under this Agreement in accordance with the use of the loan proceeds as specified above, and

under Borrower's application documenting the use of the loan precedes which

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application shall be submitted to the Lender in a form satisfactory to Lender, for Lender's review and approval. Borrower further agrees that no application of any funds received from the Lender hereunder shall be made for any other purpose, other than in accordance with the above described eligible project.

The purpose of the float or bridge loan is to give the borrower, in this case the applicable defendants, initial money to commence the applicable project. The float loan is fully secured with a letter of credit from a lending institution, in the case of the Flats at Wick project, Key Bank, in the case of the Erie Terminal Project, First National Bank of Pennsylvania. The float loan term is short and the interest rate minimal. The City, after the project is under way and after the funds have been spent calls the letter of credit from the bank and the bank pays the City its funds back. The bank loan between the applicable bank and Dominic Marchionda and/or the applicable defendants further restricts what the loan proceeds could be used for, specifically the project. Loan proceeds must be used for the project for which they are specifically intended to fund.

The Federal Government, passing money through the State of Ohio, also contributed the following monies in these projects:

1. Flats at Wick—Brownfield Money to be used to clean up environmental hazards or concerns on Elm Street in Youngstown, Ohio.2. Erie Terminal Project—Brownfield money to be used to clean up environmental hazareds or concerns within the Erie Termainl Building.3. Wick Tower Project—Brownfield money to be used to clean up environmental hazards or concerns within the Wick Tower project and over $5,000,000.00 in Energy Loan Fund money which were available as part of the American Recovery Act. Each loan had it’s own set of requierments. Each loan required proceeds to be used on the particular projects that the loan was provided to fund. Each loans had forms to fill out, including certified payroll sheets. The certified payroll sheets were falsified by Dominic Marchionda. In addition, where applicable Marchionda hid the fact that he is related to Rubino Construction in that he has been its President and running it since 2006. Rubino Construction has few if any employees and pays most people who work for it as indepedant contractors not withholding payroll taxes.

The last count of this indictment, alleges theft from a charity by Dominic Marchiona for using charity monies to buy his wife jewerly.

It is alleged that Dominic Marchionda and/or the applicable defendant stole money from these funds either by deception, by lying to secure the monies, or by using the funds beyond the express or implied consent of the owner of the funds. As it relates to the Flats at Wick project John Doe 8, Dominic Marchionda, John Doe 3 and John Doe 1 worked together to secure the Water Utility

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Grant funds for the project knowing how the money was going to be spent, and with the exception of John Doe 1, all knew that the water grant money was not going to be used for water or sewer related purposes. John Doe 8 received benefits as a result of assisting in the transaction from more than one person.

B& B Contrators and Developers Inc (hereinafter referred to as B & B) had a contract with regards to the Erie Termainal Project with Rubino Construction, whereby the two entities agreed to split the work on the Erie Termainal Project. Payment for the work went to Erie Terminal Place LLC first, who paid B & B; B & B then paid Rubino Construction. The payments appear to be legitimate and are not an issue.

FIRST COUNT: THEFT BY DECEPTION FROM THE CITY OF YOUNGSTOWN/YOUNGSTOWN WATER UTILITY FUND AND FLOAT LOAN PROGRAM

DEFENDANT: DOMINIC MARCHIONDA DATE RANGE: 09/11/2009 through 08/07/2015 LOCATION: MAHONING COUNTY, OHIOTIME: N/A

did, with purpose to deprive the City of Youngstown and/or City of Youngstown Water Fund, the owner, of property or services, by deception, knowingly obtain or exert control over either the property or services, said property and/or services being one million dollars or more in value, in violation of Section 2913.02(A) (3) of the Revised Code, a Felony of the First Degree. (Theft of Government monies: the City of Youngstown Water fund and/or Float Loan monies during the Flats at Wick (FAW), Erie Terminal and Wick Tower projects.)

As it relates to the Flats at Wick Project only, the defendant with the assistance, and knowledge of John Doe 8 perpetrated this fraud upon those who pay water and sewer fees to the City of Youngstown. The defendant applied for a Water Utility Grant from the City of Youngstown in the amount of 1,200,000.00 for the Flats at Wick Project knowing that he was not going to use more than $1,000,000.00 of that grant for permitted purposes. John Doe 8 was also fully aware of this as well. Once received by deception the funds were spent by the defendant or were spent under his direction and/or control as follows:

U. S. Campus Suites Huntington …..722112/7/2009 1,200,000.00 Wired into Huntington 7221 from the City of Youngstown 12/7/2009 1,000,000.00 Transferred to City of Youngstown to purchase the fire station

200,000.00 Left in US Campus Suites account …7221 spent as follows:12/7/2009 45,000.00 check 993 to DJM rentals First National Bank

45,000.00 check 660 to Dominic /Jackie Marchionda from DJM, spent as follows:

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12/7/2009 200.00 Holy Family Church12/7/2009 35.00 Cash12/7/2009 8.00 Checks12/7/2009 250.00 Bank of America12/8/2009 24,269.91 Stiffel Nicolaus12/8/2009 100.00 Rich Blackam?12/8/2009 25.00 Holy Family Church12/8/2009 100.00 Poland High School12/8/2009 70.08 Pine Hallow 12/8/2009 58.23 Radiology Consultants12/8/2009 585.85 Youngstown Country Club12/8/2009 1,993.60 Target12/9/2009 72.00 S & T12/9/2009 175.26 Armstrong Cable12/9/2009 124.98 Poland Family Chiro12/9/2009 25.00 Holy Family Church12/10/2009 182.71 Barclay 12/10/2009 191.41 Gap Visa12/11/2009 142.96 The Medicine Place12/11/2009 260.00 Anthony Bicconti Dentist12/14/2009 70.00 Lila Cione12/14/2009 702.99 American Express12/14/2009 2,000.00 Bank of America12/15/2009 609.90 Bank of America12/15/2009 1000.00 misc. debit 12/18/2009 216.00 Poland Swim Club12/18/2009 50.00 Rich Blackam?12/21/2009 506.00 Marriott12/21/2009 50.00 Tony Marchionda12/21/2009 40.00 Audra Norleta?12/22/2009 30.00 Poland Basketball12/22/2009 100.00 Rich Blackam?12/22/2009 106.75 Care 12/22/2009 178.68 Aqua Club12/22/2009 158.71 Mahoning County Sanitary 12/22/2009 480.00 JJS12/23/2009 60.61 Prudential12/23/2009 50.00 Gwen Galatia12/23/2009 53.38 S & T12/24/2009 40.00 YMCA12/24/2009 2,834.19 Sam’s Club 12/28/2009 696.71 GMAC12/30/2009 35.00 Nicole Fasco12/31/2009 2,000.00 Bank of America12/31/2009 50.00 Salvation Army

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1/4/2010 900.00 Prudential1/5/2010 8.00 Checks1/5/2010 110.00 NSF charge x31/5/2010 250.00 Bank of America1/5/2010 3898.92 Barclay

155,000.00 Balance Huntington…722112/7/2009 1,000.00 Cash to Dominic Marchionda

154,000.00 Balance Huntington…722112/10/2009 1,032.73 Hunter Title

152,967.27 Balance Huntington…722112/9/2009 130,000.00 B & B

22,967.27 Balance Huntington…72211/31/2010 4,866.95 Natsco & Bureau Veritas

18,100.32 Balance Huntington…7221... spent as follows:2/2/2010 10,000.00 Dominic Marchionda …8324 spent as follows:2/2/2010 2,000.00 misc. debit 2/5/2010 3,046.12 Target2/9/2010 6,000.00 Holy Family Future Facilities2/9/2010 31,969.54 Bank of America

8,100.32 balance left in Hunt... 72213/9/2010 8090.32 to Dominic Marchionda Acct: …8324 which had an

account balance of 203.20 prior to the deposit and spent as follows:

3/9/2010 343.12 Wfnnb credit card??3/9/2010 66.72 Gap Visa3/9/2010 260.00 Doctor Biscotti Dentist3/10/2010 146.35 Aqua Club3/10/2010 112.95 Mahoning County Sanitary 3/11/2010 25.00 Holy Family Church3/9/2010 42.00 knights???3/9/2010 100.00 Poland High School3/9/2010 11.000 Holy Family School

6,973.15 balance left in Marchionda FNB 8324 3/16/2010 2,000.00 transfer to..4574 Villas Di Tuscany Account spent

on real estate tax bill 5,000.00 transferred from …8324 Marchionda to DJD & C

account...1215 to pay its real estate tax bill

Of the One Million Two Hundred Thousand Water Utility Grant possibly $130,000.00 was spent upon a water related purpose, when such funds were transferred to B&B.

ERIE TERMINAL PROJECT GENERAL SUMMARY

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Under Ohio Law incidents of thefts when the incidents involved the same victim must be aggregated. In addition to the monies allegedly stolen, as outlined above by the defendant during the Flats at Wick project, during the Erie Terminal Project City of Youngstown monies were also allegedly stolen by the defendant by deception. This amount would be added to the amount allegedly stolen by the defendant by deception during the Flats at Wick Project.

It is alleged that the following sums of money were secured by deception from the City of Youngstown:1. A $2,000.000.00 float loan2. A $ 350,000.00 Water Utility Grant3. A $ 220,000.00 Water Utility GrantSpecifically, when the Flats at Wick project finished Marchionda, and/or U.S. Campus

Suites and/or Rubino owed money to the a number of persons and/or entitiesMarchionda, with the help of others who were not and are not City of Youngstown

Officials, provided or caused to be provided to the City of Youngstown invoices, which falsely stated that the invoices were being submitted for work done at the Erie Terminal, when Marchionda knew that the work sought to be paid was not done at the Erie Terminal. For example, the first AIA G 702 billing form provided to the City of Youngstown for the Erie Terminal Project provided that 90,000.00 of demolition work was done by B & B account when in fact zero (0) work had been performed and such billing was merely a ruse that Dominic Marchionda played a major role in creating and executing so that B & B Contractors and Developers account would be paid for the work it did at the Flats at Wick project. The first Erie Terminal Water Utility Grant was in the amount of $350,000.00. On February 27, 2012, Dominic Marchionda sent the following email to the City of Youngstown asking for grant proceeds. Attached to the email was an AIA G 706 payment application, the Sixth payment application. Dominic Marchionda knew that the plumbing numbers had been altered by more than 100,000.00 dollars to reflect that 96% of the plumbing work was finished, when in fact approximately 59% of the plumbing work had actually been done. As a result at that time, Dominic Marchionda received the full amount of the Water Grant or $350,000.00

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Dominic Marchionda on March 7, 2012 had forwarded the same payment application to the Architect on the project, except that the plumbing work was accurately listed being approximately $59% done as shown below:

From: [email protected] [mailto:[email protected]] Sent: Wednesday, March 07, 2012 9:03 AMTo: Kevin Dreyfuss-WellsSubject: Fwd: Erie Terminal Revised Billing

Please sign and return

Sent from my iPhone

Begin forwarded message

With respect to the Erie Terminal Project, on or about October 2012 to February 2, 2013, the defendant applied for and received from the City of Youngstown a second Water Utility Grant for the Erie Terminal Project. The amount was Two Hundred Twenty Thousand ($220,000.00) Dollars. Again, the Water Utility Grant could only be used for water and or sanitary sewer related purposes. The defendant, acting in concert with others, falsified a $378,000.00 and/or a $600,000.00 invoice provided to the City, asserting that all of the invoiced work was for water/sewer purposes, when in fact it was not. In fact, less than $140,000.00 was actually spent on

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mailto:[email protected]


water or sewer related matters. Had the correct sum of money, which was actually spent on water/sewer been submitted to the City of Youngstown, the defendants would have received less money from the grant. Additional theft by deception counts pertaining to the Wick Tower project is being investigated.

SECOND COUNT: THEFT BEYOND THE SCOPE FROM THE CITY OF YOUNGSTOWN/YOUNGSTOWN WATER FUND AND FLOAT LOAN PROGRAM

DEFENDANT: DOMINIC MARCHIONDA DATE RANGE: 09/11/2009 through 08/07/2015 LOCATION: MAHONING COUNTY, OHIOTIME: N/A

did, with purpose to deprive the City of Youngstown and/or City of Youngstown Water Fund, the owner, of property or services, beyond the scope of the express or implied consent of the owner or persons authorized to give consent, knowingly obtain or exert control over either the property or services, said property and/or services being one million dollars or more in value, in violation of Section 2913.02(A) (2) of the Revised Code, a Felony of the First Degree. (Theft of Government money: the City of Youngstown Water fund and/or Float Loan monies during the Flats at Wick (FAW), Erie Terminal and Wick Tower projects.) Specifically, this count, unlike Count One, pertains to how money was used after it came into possession of Dominic Marchionda, not how the money was obtained, consequently while some money was used lawfully other money was not. In fact, a lot of money was diverted to Dominic Marchionda, so that he could pay his personal bills to maintain his lavish country club lifestyle and to improve his status in the community. The focus of this count is on how the money was spent not upon how it was received; therefore, the amount or incidents of theft will be less than the amount received, generally.

The State alleges that Dominic Marchionda, on all three of the above projects, received money from the City of Youngstown, in form of a Water Utility Grant and Float loan money, and used the money beyond the scope of the express or implied consent of the owner or personal account authorized to give consent and that the total exceed one million dollars. The amount exceeds $1,500,000.00.

FLATS AT WICK PROJECT

As it related to the Flats at Wick Project, please see Count One pertaining to the expenditure of the 1,200,000.00 Water Utility Grant received by and controlled by Dominic Marchionda. It is alleged that at least $1,070,000.00 of Water Grant money was used beyond the express or implied consent of the owner, as it was not used for water related purposes, as set forth in the spreadsheet incorporated into count one.

In addition to the Water Utility Grant, Float Loan funds were secured in three increments:

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1. 09/11/09--$ 150,000.002. 10/23/09--$ 350,000.003. 01/08/10--$1,500.000.00

and were used beyond the express or implied consent for this project.

It is alleged in this court that thousands of Float Loan dollars were converted by the Defendant, Marchionda, for his own use or the use of companies that he owned or controlled. In the spreadsheets that follow, Float loan funds are transferred from the City of Youngstown to a U.S. Campus Suites LLC bank account ending in...4140. From that U.S. Campus Suites account, funds are transferred to Dominic Marchionda’ s personal account ending in …8324 as will be highlighted below. Once the funds are in...8324, such funds are spent by Dominic Marchionda or Jacqueline Marchionda on personal bills. Funds are also transferred to Rubino Construction’s First National Bank account ending in …1821 by Dominic Marchionda or under his direction. Once in Rubino’ s bank account, funds are spent contrary to the express or implied consent of the owner by transferring money from Rubino to DJDC;, another company owned or controlled by Dominic Marchionda, to pay its debts, to the Villas Di Tuscany to pay its debts or to Palmetto Roundtable LLC, a venture in Carolina, to pay its debts. These actions were outside of the express or implied consent of the owner.

Marchionda had most of his bank accounts and his companies’ bank accounts at First National Bank (FNB) as did others involved in this Criminal Enterprise. The construction loan used for the Erie Terminal Project was also secured at First National Bank.

Once received by U.S. Campus Suites Llc, Dominic Marchionda made or caused to be made the following transactions:

1. 9/11/09—A $150,000.00 transfer from the City of Youngstown to U.S. Campus Suites …4140. Once in the U.S. Campus Suites Account…4140, the following transactions occurred beyond the express or implied consent of the owner who provide the money:

Dominic Marchionda…8324: $ 10,000.00 Check 3247 Arm $ 185.22 Check 3243 Dee Ann Diele $ 35.20 Marriott $ 506.00 Macy’s payment check 3255 $ 113.16 Ohio Edison bill $ 751.01 Prudential Insurance Payment $ 60.61 Check 3259 Sherry Landes $ 80.00 Check 3260 Julia Nerbeth $ 40.00 Paypay Echeck $ 2.95 GMAC $ 696.71 Check 3257 Ron Blackman $ 100.00

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Check 3258 Holy Family School $ 34.00 Morgan Bank $ 203.14 GMAC $ 396.48 Prudential Insurance Payment $ 900.00 Check 3262 Medicine Place $ 139.72 Bank of America Online Pmt $ 1,000.00 Express $ 8.00 Target $ 1,267.93 Check 3263 Dr. Anthony Biscotti Dentist $ 260.00 Check 3265 Armstrong Cable $ 179.85 Bank of America Online Pmt $ 250.00 Check 3268 Magic Moments $ 10.00 Rubino Construction: $ 25,000.00 Vincent & Donald Ricchiuto $ 21,400.22 Vincent & Donald Ricchiuto $ 14,503.00 Organized Space $ 5,000.00 Designer's Corner $ 795.00 Misc. Debit $ 1,500.00 Misc. Debit $ 1,500.00 DDA Misc. Debit DJD &C: $ 1,500.00 Christine Costello $ 525.00 Mahoning Co Treasurer $ 4,698.24 DDA Misc. Debit villas at Tuscany: $ 1,500.00 Palmetto Roundtable LLC $ 3,000.00 Check 6604 Kushner Lawn & Garden LLC $ 5,000.00 Bk of Amer Vi/MC Online payment $ 2,000.00 American Express Elec Remit $ 2,679.92 Misc. Debit $ 3,000.00 BMW Card On line payment $ 7,022.73 Check 6008 Battista Granite-Marble Countertops $ 4,494.20 DDA Misc. Debit villas at Tuscany: $ 3,000.00 Palmetto Roundtable LLC $ 3,000.00 Check 6007 CPC Inc. $ 2,610.00 Bk of Amer Vi/MC Online payment $ 3,000.00 Dominic Marchionda: $ 10,000.00 Check 3267 Guzman photography $ 25.00 Check 3271 Allivero $ 50.00 Check 3261 Deane Johns $ 67.00 Check 3272 YMCA fall basketball $ 44.00 Check 3301 Grange Mutual $ 1,217.00 Check 3308 fine Diane rod??? $ 52.00 Check 3309 Top Dogg Productions $ 30.00 Check 3310 Audra Norbeth $ 39.00 Bk of Amer Vi/MC Online payment $ 400.00 Marriott $ 506.00 Prudential Insurance payment $ 60.61

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Echeck $ 2.95 GMAC $ 696.91 Morgan Bank $ 203.14

Villas Di Tuscany is an LLC owned or Controlled by Dominic Marchionda involved with residential home building. Palmetto RoundTable LLC is an LLC Marchionda is a member of that owned or was involved with land in Carolina. Additional transactions are still under investigation.

2. 10/23/09—A $350,000.00 Float Loan transfer from the City of Youngstown to U.S. Campus Suites …4140, which transactions are reflected in spreadsheet that follow where funds were transferred from the City of Youngstown into U.S. Campus Suites account ending in...4140 and then from the U.S. Campus Suites…4140 account funds are transferred to Dominic Marchionda personal account ending in …8324, as will be highlighted below. Once the funds are in ..8324, such funds are spent by Dominic Marchionda or Jacqueline Marchionda.

Transfer to Marchionda...8324: $ 15,000.00 Check 3272 YMCA $ 44.00 Check 3271 Oliver $ 50.00 Check 3305 Smart Tuition $ 588.24 Chase check $ 802.77 Dominion East Ohio Gas $ 182.41 Check 3261 Deane Johns $ 67.00 Check 3301Grange Mutual Casualty $ 1,217.00 Check 3303 Poland family Chiro $ 200.00 Dillard’s $ 112.07 Old navy $ 233.65 Sam’s Club Disc Checkment $ 1,164.02 Bank of America Online payment $ 400.00 Marriott $ 506.00 Check 3308 Fine ...Productions $ 52.00 Check 3309 Top Dogg Production $ 30.00 Check 3310 Audra Narberth $ 39.00 Prudential INS payment $ 60.61 Echeck $ 2.95 GMAC $ 696.71 3313 Dollar Bank $ 5,000.00 Check 3273 Magic of An Angel Christmas $ 25.00 Check 3311 Rich Blackson $ 100.00 Check 3313 Dollar Bank $ 5,000.00 Check 3314 Poland medical center $ 85.00 Check 3316 Armstrong cable $ 178.40 Check 3322 Pine Hallow $ 17.54 Check 3236 Cash $ 15.00 Check 3264 Cash $ 15.00

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Check 3320 Aqua Ohio $ 266.19 Check 3321 Mahoning county sewer $ 167.11 American Express Elec Remit $ 251.77 Check 3318 Youngstown county club $ 515.44 Morgan Bank $ 203.12 Misc. Debit Dominic Marchionda $ 1,000.00 Misc. Debit Dominic Marchionda $ 1,500.00 Dom Marchionda Villas $ 1,000.00 Dom Marchionda DJD & C $ 1,500.00 Check 3312 Dr. Devachko $ 25.00 Check 3324 Poland Medical Center $ 75.00 GMAC $ 396.48 Misc. Debit Dominic Marchionda $ 1,000.00 Misc. Debit Dominic Marchionda $ 1,500.00 Bank of America Online payment $ 2,000.00 Bank of America Online payment $ 2,000.00 Prudential Ins payment $ 900.00 Check 3323 Poland Touchdown Club $ 20.00 Check 3325 Sherry Laudes $ 120.00 Target $ 1,219.99 American Express Elec Remit $ 5,582.29 Check 3286 Cash $ 45.00 Barclay Card $ 79.00 Bank of America Online Payment $ 250.00 American Express Elec Remit $ 5,582.29 Check 3277 Clerk of Chardon Muni Court $ 129.50 Check 3274 Phil Snyder Dds $ 69.00 Check 3278 Poland high School $ 40.00 Check 3277 Chardon muni court $ 129.50 Dillard’s $ 112.07 Dominion East Ohio gas $ 156.91 Check 3281 the medicine place $ 51.91 Gap Visa $ 88.46 Check 3317 bureau of motor vehicles $ 114.74 Transfer to Dominic Marchionda…8324: $ 7,500.00 Check 3289 Cash $ 750.00 Check 3317 unknown $ 114.74 Check 3279 Jim and Deanna Dilled $ 40.00 Check 3284 Ohio Treasurer Bryce $ 15.00 Check 3285 Jacqueline Marchionda $ 100.00 Check 3290 Rich Blackson $ 100.00 Check 3292 Poland Touchdown Club $ 60.00 Check 3294 Bill Gearhart $ 250.00 Check 3295 Rich Center Audism $ 50.00 Check 3297 Sam’s Club Disc Checkmate $ 900.00 Check 3298 Nicole kisser $ 37.36

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Check 3315 Poland touchdown club $ 10.00 Harland Clark checks $ 42.04 Marriott $ 506.00 Prudential insurance payment $ 60.61 Paypay echeck $ 2.95 GMAC $ 696.71 Morgan bank $ 203.14 GMAC $ 396.48

As with all transfer to vendors throughout the theft counts of this indictment, the State Auditor’s office is currently investigating all transfers to vendors or personal accounts and is at the present time finding more personal accounts and companies’ who received City money contrary to R.C. Section 2913.02(a)(2).

3. 01/08/10—A $1,500.000.00 Float Loan transfer from the City of Youngstown to U.S. Campus Suites …4140. In the spreadsheet that follows, $1,500,000 was transferred from the City of Youngstown into the U.S. Campus Suites account ending in..4140. U.S. Campus Suites then transferred $1,400,000.00 of money into U.S. Campus Suites account ending in 0259. $40,000.00 of the remaining $100,000.00 was transferred to Dominic Marchionda and spent as shown below:

Wire In from the City of Youngstown $ 1,500,000.00 Dominic Marchionda: $ 40,000.00 American Express Elec Remit $ 4,974.86 Bank of America Vi/MC Online Pmt $ 1,377.59 Bank of America Vi/MC Online Pmt $ 20,000.00 Transfer to DJM Rentals xx0737: $ 1,000.00 Pmt to Mortgage Adj Loan $ 1,243.65 Sherry Andrews $ 288.00 The Medicine Place $ 39.09 Macy's Pmt $ 309.58 Dillard's Pymt $ 409.87

from January12, 2010 to February 10, 2010 in increments the $1,400,000 which was transferred to U.S. Campus Suites ..0259 was transferred back to …4140 as follows:

1/12/2010 Transfer from US Campus xx0259 $ 721,346.32 1/19/2010 Transfer from US Campus xx0259 $ 50,000.00 2/2/2010 Transfer from US Campus xx0259 $ 28,751.93 2/5/2010 Transfer from US Campus xx0259 $ 400,000.00 2/8/2010 Transfer from US Campus xx0259 $ 50,000.00 2/10/2010 Transfer from US Campus xx0259 $ 400,000.00 2/10/2010 Transfer from US Campus xx0259 $ 50,000.00

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While the January 12, 2010 transaction was used to pay B & B properly, some of the rest of the money transferred from January 19, 2010 to February 10, 2010 was spent as follows:

DJM Rental Properties, LLC: $ 25,000.00

Dominic Marchionda : $ 25,000.00 Dr. Biscandi Orthodontics $ 260.00 American Express Elec Remit $ 6,968.24 Sherry Landes $ 65.00 Morgan Bank ACH $ 203.14 BMW Card online payment $ 5,000.00 DJM Rental Properties, LLC: $ 5,975.00

JDS Consultants $ 5,975.00

Dominic Marchionda: $ 15,000.00

Bank of America Vi/MC Online payment $ 31,969.54 Rubino Construction: $ 15,000.00

Transfer to Dom & Jacq….8324: $ 3,500.00 JP Morgan Bank ACH $ 203.14 GMAC payment $ 396.48 Transfer to DJD & C xx1215 $ 1,750.00 Pmt to Comm Tax Steve Woodberry Pa $ 15.00 Zachary David Allen $ 100.00 Prudential Ins Premium $ 900.00 Pmt to Comm Loc re Due D Loan $ 246.41 Transfer to Villas di Tuscany xx4574: $ 3,000.00 Designer's Corner $ 6,000.00 John Fitch $ 840.00 CTW Development Corp $ 4,000.00 Dominic Marchionda; $ 10,000.00 Dollar Bank $ 5,000.00 Pine Hollow Springs $ 53.04 Sherry Landis $ 140.00 Ohio Ed Bill payment $ 207.05 Express Checking $ 8.00 Medicine Place $ 42.95 Jim & DeAnna Dille $ 40.00 Armstrong Cable $ 185.94 First Place Bank $ 64.05 Sue Trebilcach $ 119.00 Audra Nezbeth $ 38.00

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Bank of America Online Pmt $ 250.00 Barclaycard US Credit Card $ 1,810.37 Target $ 2,168.76 Dominic Marchionda: $ 15,000.00 American Express Elec Remit $ 3,130.58 Marriott MVC Mtg Pmt $ 506.00 Prudential Ins Prem $ 60.61 Bank of American Online Pmt $ 377.00 Bk of Am Crd ACH $ 377.00 Dom E Ohio Gas $ 589.57 Ohio Ed Bill Pmt $ 201.61 Ohio Treasurer of State $ 84.87 Sue Trebilcach $ 50.00 Aqua Ohio $ 61.85

Mahoning County San Eng $ 52.19 Holy Family School $ 14.00 Macy's Payment $ 74.04 Pat & Stephanie Marchionda $ 150.00 Mahoning County Treasurer $ 5,293.97 DCA $ 25.00 Poland Medical Center $ 25.00 Poland Swim Club $ 110.00 PayPal eCheck $ 2.95 Holy Family Home & School Alliance $ 105.00 Phil J. Snyder DDS $ 168.00 Sam's Club $ 1,437.54 Sciortino for Auditor $ 200.00 Morgan Bank ACH $ 203.14 Vince Rickburn $ 200.00 Rick Blackson $ 22.00 GMAC Pmt $ 396.48 Holy Family School $ 312.65 Sherry Landis $ 105.00 Prudential Ins Premium $ 900.00 Dominic Marchionda $ 1,000.00

ERIE TERMINAL PROJECT

As stated in Count One, the Erie Terminal project was funded by City of Youngstown money as follows:

1. $ 350,000.00 Water Utility Grant2. $ 220,000.00 Water Utility Grant3. $2,000,000.00 float loan secured by First National Bank, provided to Marchionda/Erie Terminal LLC in two equal installments of $1,000.000.00.

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For the Erie Terminal Project Theft Beyond the Scope offense, funds were allegedly stolen in the following way: The initial monies were transferred from the City of Youngstown to the Erie Terminal LLC bank account ending in …2064 and from there were transferred by Dominic Marchionda or under his direction to persons or entities who for services not related to the Erie Terminal project but instead were for services rendered personally to Marchionda or the Flats at Wick project.

City of Youngstown Float Loan transfer to Erie Terminal $ 1,000,000.00 B & B $ 66,669.33 Rubino Construction: $ 15,000.00

Transfer to Dominic/Jackie Marchionda …8324: $ 8,000.00 Poland Athletics $ 46.00 Trolio $ 21.35

Sherry Landis $ 130.00 Ally Payment $ 1,058.28 Target Nat'l Bank Bill Pay $ 2,609.81 East Ohio Gas Payment $ 107.89 Pine Hollow Springs $ 55.54 Mi… Titus $ 240.00 Prudential Insurance Payment $ 60.61 GAP Visa ePay $ 89.85 Smart Tuition $ 650.75

The Medicine Place $ 73.01 Dollar Bank Acct ...;5773 $ 2,000.00 Loan Payment $ 1,743.72 Chase Loans $ 350.78 Sam’s Club DIL ePay $ 1,290.87 Transfer to Villas Di Tuscany ...;4574 : $ 4,500.00

Round Table LLC $ 2,000.00 Payment to Comm Tax Re: Variance Loan $ 3,106.36 B & B Construction: $ 159,330.99

Rubino Construction: $ 149,843.50

Erie Terminal Place Llc: $ 35,000.00 B& B $ 35,000.00

Transfer to US Campus ...7422: $ 20,000.00 Key Bank Flats at Wick Loan Payment $ 29,949.36 Transfer to MCMR ...7412: $ 2,000.00 Leggett Kitchen $ 1,428.75 Negative Bal Fee $ 5.23

18

Ohio Edison FE $ 5.35 Ohio Edison FE $ 8.19 Ohio Edison FE $ 10.27 Ohio Edison FE $ 25.08 Ohio Edison FE $ 34.03 Ohio Edison FE $ 49.95 Payment to Comm Tax $ 1,305.66 Transfer to US Campus ...7422: $ 5,000.00 Bishop Navels $ 4,200.00 US Campus Payroll $ 2,368.28

B & B Contractors: $ 395,276.34


Transfer to Rubino: $ 195,195.00

Dominic/Jackie Marchionda …8324: $ 20,000.00 Cash W/D Slip $ 17,500.00 East Ohio Gas $ 114.50 Bank of America $ 136.98 Audra Nezbeth $ 85.00 Dollar Bank $ 2,000.00 Poland Family Chiro $ 25.00 Michelle Titus $ 240.00 Transfer to US Campus ...7422: $ 35,000.00 Tyler Dubina $ 100.00 Ben Avocado $ 400.00 Penguin Club $ 200.00 Ahmad Aishmad $ 400.00 Coca-Cola $ 241.54 Dollar Bank Leasing $ 497.96 Cardinal Mooney FB $ 275.00 Amitha Dhingers $ 350.00 Key Bank Flats at Wick Loan Payment $ 29,949.36 Pfau, Pfau Marando $ 396.00 US Campus Payroll $ 2,428.28 Transfer to Villas di Tuscany ...4574: $ 3,000.00 Payment to Comm Tax $ 2,808.03

Transfer to Dominic/Jackie Marchionda …8324 $ 10,000.00 Prudential Ins Payment $ 900.00 Allstate Ins Payment $ 662.15 Armstrong Cable $ 217.75 Mahoning Co Sanit. $ 86.77 Aqua Ohio $ 97.33 Dr. Gerald Sevachko $ 25.00

19

Poland Yearbook $ 60.00 Michelle Titus $ 120.00 Dillard’s CC Payment $ 409.13 Nordstrom Payment $ 1,824.11 Amex Payment $ 3,314.07 Calla's $ 20.00 Audra Nezbeth $ 15.00 Macy's Payment $ 257.27

Target Bill Pay $ 2,556.10

On December 14, 2011, Dominic Marchionda sent the following email to the City of Youngtown regarding the second draw on this float loan:

Relying upon the assertions made in the email by the Defendant, the City of Youngstown released the rest of the float loan or $1,000.000.00 to Erie Terminal LLC account ending in …2064. From the Erie Terminal account the money was transferred to B & B account at FNB. B & B paid a portion of said money back to Rubino Construction pursuant to its contract with Rubino. Rubino then spent the money by paying legitimate bills on the project and also illegitimate ones such as the following transfers show:

B & B: $ 436,945.59


Transfer to Villas ….4574 $ 2,500.00 Payment to Comm Loan $ 2,835.04 Transfer to DJD & C …1215 $ 2,500.00 Anthem $ 2,563.64 Amex Payment $ 8,072.48 Transfer to Dominic/Jacqueline Marchionda….8324 $ 20,000.00 Marriott East $ 100.00 Michele Titus $ 120.00

20

Dominic Marchionda $ 1,555.00 Prudential Ins Premium $ 900.00 Nordstrom Payment $ 3,290.67 Dillard’s CC Payment $ 274.72 Holy Family Parish $ 4,000.00 Sherry Landis $ 170.00 Alice's Dress Making $ 16.01 Target Bill Pay $ 3,389.12 Ally Payment $ 1,058.28 Kurt Storle (sp?) $ 65.00 Poland High School $ 100.00 Michele Titus $ 360.00 Bank of America $ 94.56 Amy Farber $ 110.00 Amy Farber $ 55.00 GAP Visa $ 178.45 Dollar Bank $ 2,000.00 Holy Family Church $ 50.00 JJLS $ 850.00 East Ohio Gas $ 271.32 L & R Estate Maintenance $ 475.04 Pine Hollow Springs $ 68.58 Mahoning Co Sanit. $ 78.37 Aqua Ohio $ 93.77 Coventry Lighting $ 249.06 Pathology Consult.. $ 45.42 Prudential Ins $ 60.61 Allied Waste $ 95.93

Transfer to Villas ...;4574 $ 2,000.00 Palmetto Bluffs $ 2,000.00

Transfer to Dominic/Jacqueline account….8324 $ 8,000.00 American Express $ 24,948.82B & B Contractors and developers account, Inc. $ 562,295.86

Rubino Construction $ 319,271.74

Transfer to Dom/Jacq ...;8324 $ 15,000.00 Target Bill Pay $ 2,307.03 Pine Hollow Springs $ 18.54 Ankle & Foot Care $ 25.00 Sherry Landis $ 140.00 Armstrong Cable $ 476.27 The Medicine Place $ 80.10 Sue Trebelach $ 38.00 Dan Santelli $ 2,280.50

21

Smart Tuition $ 650.75 Aqua Ohio $ 202.50 Mahoning Co Sanit. $ 171.56 Ally Pmt $ 1,058.28 Michele Titus $ 120.00 Jim & Deanna Dille $ 45.00 Transfer to Villas ...4574: $ 2,835.00 To Loan $ 2,835.00 Palmetto Roundtable $ 2,000.00 Ohio Edison $ 295.27 East Ohio Gas $ 383.32 Committee to Elect Pishkur $ 300.00 Deanna Colella $ 47.00 Dollar Bank $ 2,000.00

Erie Terminal Water Grant money was received in two grants as described above and spent in the following matter inconsistent with the express or implied consent of the owner:

1. Received by Erie Terminal account …2064: $350,000.00

Dominic/Jackie Marchionda …8324: $ 5,000.00 Pfau Pfau Marando $ 5,158.86 BMW Credit Card $ 10,182.92 Transfer to Villas di Tuscany ….4574 $ 6,500.00 Roundtable LLC $ 2,000.00 NSF Fee $ 37.00 Payment to Var Loan $ 2,829.61 2. Received by Erie Terminal account …2064: $220,000.00 Transfer to Rubino Account ...1421: $220,000.00

Transfer to Dominic/Jackie Marchionda …8324 $ 50,000.00 Transfer to Dominic/Jackie Marchionda …8324 : $ 50,000.00 Pfau, Pfau Marando IOLTA $200,000.00

This conduct as it relates to the Erie Terminal project is still under investigation by Law Enforcement.

WICK PROPERTIES

The City of Youngstown provided the following economic support to the Wick Tower project:

1. Float loan $1,170.950.002. Float Loan payment two $1,170.950.003. Water Utility Grant $ 249,685.374 Water Utility Grant $ 50,264.77

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As it related to the Wick Tower Project, it is alleged that a portion of the funds listed below sourced from the City of Youngstown Water Utility Grant and Float Loan money were used beyond the express or implied consent of the owner. Additional transactions concerning this project are still under investigation.

In the spreadsheets that follow, funds are transferred from the City of Youngstown into the Wick Properties LLC bank account at First National Bank ending in ..0927 and money is spent in violation of R.C. Section 2913.02(a)(2) by being transferred to the following entities that spend the money:

1. Youngstown Stambaugh Parking—for the Hotel Project2. NYO Property Group, the company that manages a number of buildings to fund its operation4. Youngstown Acquisition Holdings –for the Hotel Project 5. Youngstown First National Holdings6. Great Lakes Asset Recovery7. Realty Building Master Tenant 8. Legal Arts LLC to pay for insurance and other cost for the Legal Arts building in Downtown Youngstown9. Wick Ohio One LLC

or like the Erie Terminal projects funds were transferred to Rubino Construction by Dominic Marchionda or someone acting under his direction and transferred to Marchionda and his wife or to entities Dominic Marchionda owns, controls or manages.

City of Youngtown transfer to Wick Properties Llc: $1,170,950.00

Transfer to Y'town Stambaugh Parking …0914: $ 3,000.00

NSF Service Fee $ 37.00

CR Electric, Inc. $ 2,685.48

Otis Elevator Company $ 602.52

Transfer to Rubino Construction…421: $ 311,782.75

Transfer to Dominic/Jackie Marchionda …8324: $ 10,000.00

Amex E Payment $ 7,262.50 Prudential Ins $ 60.61 Transfer to Villas di Tuscany ... 4574: $ 2,000.00

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Transfer to Villas di Tuscany ... 4574 : $ 15,000.00

Transfer to Loan $ 14,099.43 Donald J. Augenstein CPA $ 1,515.00 Transfer to Dominic/Jackie Marchionda …8324: $ 20,000.00

Holy Family $ 100.00 Chase ePay $ 9,013.23 Chase Loans $ 350.78 Transfer to Dominic/Jackie Marchionda …8324: $ 5,000.00

Dom/Jacq Dollar Bank ...;5773 $ 6,500.00 Monthly Svc Fee $ 2.00 Mortgage Pmt $ 3,557.87 Automatic Loan Pmt $ 2,499.75 Transfer to Dominic/Jackie Marchionda …8324: $ 20,000.00

Sylvia Bennett $ 70.00 Target Card Serve Bill Pay $ 1,500.00 Kim Penman $ 70.00 Armstrong Util $ 258.03 IRS $ 400.00 Ally Payment $ 1,058.28 Ursuline Sisters $ 100.00 Clearview Window Cleaning $ 1,128.20 RBS Citizens N Loan Pmt $ 945.67 Smart Tuition $ 627.40 Comenity Pay IL Web Pmt $ 183.92 Armstrong Turf & Ornamental $ 166.53 Allied Waste Svc Ck Pmt $ 118.49 East Ohio Gas Pmt $ 53.52 Pine Hollow Springs $ 28.60 Sylvia Bennett $ 140.00 Yuhanick Cleaners $ 27.62 Phil Snyder $ 181.40 Chase Auto Pay $ 5,481.92 Sam’s Club Stores Purchase $ 564.82 L & R Estate Maintenance $ 526.44 Dollar Bank $ 6,500.00 Auto Mtg Pmt $ 3,557.87 Automatic Loan Pmt $ 2,499.75 Monthly Svc Fee $ 2.00 Dillard’s CC Epay $ 239.84 Kim Penman $ 140.00 Prudential Ins $ 60.61 Guzman Photography $ 27.00

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Amex ePmt $ 3,368.56 Sam’s Club MC ePay $ 224.85 Purple Cat $ 200.00 Sherry Landis $ 150.00 Transfer to Villas di Tuscany ...;4574 $ 1,000.00

Mahoning Co Treasurer $ 2,087.88 NSF/Funds Unavailable fee $ 37.00

NYO Property Group: $ 6,000.00

Blaine Mochtyak $ 87.17

NYO Property Payroll $ 8,582.08

Transfer to Y'town Acquisition Holdings ...;0909: $ 16,000.00

NSF/Funds Unavailable Fee $ 37.00

NYO Property Group LLC: $ 1,000.00

NYO Property Payroll $ 8,564.36 City of Youngstown to Wick Properties Llc: $1,170,950.00

Transfer to NYO Property Group …0914: $ 6,000.00

NYO Property Group $ 3,200.00

NYO Property Group $ 3,000.00

Prime pay Preauth $ 4,420.52

Youngstown/Warren Regional Chamber $ 2,025.00

O'Keal Gist $ 397.24

Sarah Delliquardi $ 358.20

Sarah Delliquardi $ 338.60


Gerald Burton $ 559.09

25

Great Lakes Asset Recovery, LLC $ 13,718.88

Transfer to Rubino Construction ...1421 $ 532,441.95

Transfer to Dominic/Jackie Marchionda..8324 $ 15,000.00

Chase AutoPay $ 9,855.96 Amex ePayment ACH Pmt $ 3,096.89 Prudential Insurance $ 60.61 Sam’s Club MC Sam’s ePay $ 409.73 Harland Clarke Chk Orders $ 27.30 Dollar Bank: $ 6,500.00 WTH Returned Chk $ 6,500.00 Bank of America Pay by Phone $ 956.85 Chase Loans $ 350.78 Transfer to Dominic/Jackie Marchionda..8324: $ 25,000.00

Returned Item Fee $ 37.00 Overdraft Fee $ 74.00 Denny Moore's Carpet Cleaning $ 304.95 Prudential Insurance $ 1,500.00 MMOH Premiums $ 1,844.28 Ohio Edison ACH $ 228.36 Aqua Ohio $ 109.23 Mahoning County Sanitary $ 78.82 Sherry Landis $ 110.00 Yuhanichs $ 142.43 Holy Family 8th Grade $ 100.00 Target Card Srvc Bill Pay $ 1,523.86 Medicine Place $ 140.03 Armstrong Util $ 170.62 Dr. PJ Snyder $ 157.00 SPI Dermatology Purchase $ 50.00 Dollar Bank $ 6,500.00 Auto Mtg Pmt $ 3,557.87 Dir Auto Loan Pmt $ 2,499.75 Committee to Elect Dan Yemma $ 150.00 Smart LLC $ 291.20 East Ohio Gas Pmt $ 193.94 RBS Citizens Loan Pmt $ 945.67 Poland Medical Center $ 25.00 Laura Lyra $ 50.00 Allstate P & C Ins Chkpmt $ 633.42 Aqua Water $ 103.20 Audra Nezbeth $ 95.00 Mahoning County Sanitary $ 82.77

26

University Hospitals $ 50.00 L & R Estate Maintenance $ 328.49 Sherry Landis $ 200.00 Prudential Ins $ 60.61 Peterson Park $ 50.00 Bob Richards $ 50.00 Calla's $ 25.00 Amex ePayment ACH $ 11,816.69 Sam’s Club MC ePay $ 1,157.30 Transfer to Villas di Tuscany ...4574: $ 4,500.00

Transfer to Loan $ 4,500.00 NYO Property Group : $ 6,000.00

AT & T Mobility $ 92.02

Pine Hollow Springs $ 33.20

NYO Property Gro Payroll $ 10,073.38

Youngstown St. Vincent DePaul LLC: $ 1,000.00

Transfer to Dominic/Jackie Marchionda …8324: $ 10,000.00 Transfer to NYO Property ...0914: $ 10,000.00

NYO Property Gro Payroll $ 10,151.12 Great Lakes Asset Recovery, LLC: $ 4,572.96

Transfer to A/C #1401122 $ 44,250.00

Transfer to NYO Property Group ...0914: $ 6,000.00

Prime pay PreAuth $ 5,620.29


Transfer to Realty Bldg Master Tenant ...0940: $ 16,504.59

Cincinnati Insurance $ 2,756.00

Dominion East Ohio Gas $ 1,183.84

Lacey Debler $ 26.25

27

Sherilynn Shaw $ 50.31

McLarsee Patmon $ 28.44

Mahoning Valley Historical Society $ 25.00

Nina Cerimeli $ 27.75

Cheryle Oneal $ 43.75

Channel Daniels $ 45.94

Transfer to Rubino Construction ...1421: $ 303,029.89

Transfer to Villas di Tuscany ...4574 $ 754.87 Transfer to Loan $ 7 54.84

Transfer to Dominic/Jackie Marchionda…8324: $ 15,000.00 Overdraft Fee $ 37.00 Returned Item Fee $ 37.00 Chase Loans $ 350.78 FirstEnergy OPCO ACH $ 239.35 Yuhanichs $ 86.32 Dollar Bank $ 6,500.00 Monthly Svc Fee $ 2.00 Auto Mtg Pmt $ 3,557.87 Auto Loan Pmt $ 2,499.75 Amex Epayment ACH $ 11,816.69

Transfer to Dominic/Jackie Marchionda … 8324: $ 20,000.00 MMOH Premiums $ 2,070.89 Nordstrom Payment $ 839.54 Macy's Web Pmt $ 687.84 Purple Cat $ 100.00 Youngstown State University $ 4,570.64 Comenity Pay SB Web Pmt $ 608.04 Target Card Bill Pay $ 424.42 Armstrong Utilities $ 213.75 Comenity Pay SB Web Pmt $ 500.00 East Ohio Gas Pmt $ 309.01 Allstate F & C Ins Pmt $ 2,705.90 Allstate P & C Ins Pmt $ 1,131.90 RBS Citizens N Loan Pmt $ 945.67 Smart LLC $ 291.20 Summa Physicians $ 129.75 Pine Hollow Springs $ 72.00 Poland Medical Center $ 67.62 Dollar Bank $ 6,500.00

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Monthly Svc Fee $ 2.00 Auto Mtg Pmt $ 3,557.87 Auto Loan Pmt $ 2,499.75 Transfer to Villas di Tuscany ...4574 $ 5,300.00 Transfer to Loan $ 4,263.17 Youngstown Stambaugh Holdings, LLC: $ 80,000.00

Ohio Edison $ 117.13 Youngstown Water Department $ 44.18 Long EDA $ 5,000.00 Youngstown Water Department $ 236.48 Hilton Worldwide $ 75,000.00 Legal Arts Properties, LLC: $ 1,000.00

Cincinnati Insurance $ 930.00 Transfer to NYO Property Group ...0914: $ 6,000.00

Amex ePayment ACH Pmt $ 6,430.90 Wire out to Wick Ohio One ...0742: $ 18,200.00

Wire out Key Community Develo x6222 $ 16,175.00 Wire Out Fee $ 25.00

Cash $ 3,500.00


NYO Property Gro Payroll $ 10,419.39 Realty Building Master Tenant: $ 4,766.33

NYO Property Group $ 1,600.00 Service Charge $ 20.00 Great Lakes Asset Recovery $ 4,572.96

Transfer to Rubino Construction ...1421 $ 21,794.43

Transfer to Rubino Construction ...1421 $312,973.78

Villas di Tuscany $ 2,000.00 Roundtable LLC $ 2,000.00

Transfer to Dominic/Jackie Marchionda …8324 $ 10,000.00 Holy Family Church $ 40.00 Guzman Photography $ 15.00 Chase AutoPay $ 6,891.74 Mahoning Co Area 2 Court $ 50.00

29

Transfer from Erie Terminal ...2064 $ 10,000.00

Transfer Dom &Jacq Personal account ...8324 $ 10,000.00 Prudential Insurance $ 60.61 Amex Epayment ACH $ 13,713.73 Transfer from Erie Terminal ...2064 $ 10,000.00

Transfer Dominic/Jackie Marchionda …8324: $ 10,000.00 Returned Item Fee $ 37.00 Sam’s Club MC Sam’s ePay $ 1,291.99 Chase Loans $ 350.78 FirstEnergy OPCO ACH $ 292.13 Purple Cat $ 100.00 Mr. & Mrs. Lalo Beuzo $ 100.00 Holy Family 8th Grade $ 200.00 Prudential Insurance $ 1,500.00 Color Vanity by Lucia $ 65.00 MMOH Premiums $ 2,070.89 Nordstrom Payment $ 1,889.24 Macy's Web Pmt Online Pmt $ 500.00 Sherry Landis $ 160.00 Rich Center for Autism $ 100.00 NYO Property Group: $ 15,000.00

NYO Property Gro Payroll $ 10,192.85 Prime pay Preauth $ 4,962.58 Legal Arts LLC: $ 3,000.00

FirstEnergy OpCo Fe eCheck $ 74.45 Cincinnati Insurance $ 1,846.00 Allied Locksmith $ 2.39 Mahoning Co Treasurer $ 4,516.57 Realty Building Master Tenant : $ 4,766.73

Dominion East Ohio Gas $ 1,822.29 NYO Property Group $ 1,600.00 Ohio Edison $ 6,233.25 NYO Property Group: $ 6,000.00

NYO Property Gro Payroll $ 10,300.66 Great Lakes Asset Recovery: $ 4,660.66

Transfer to A/C #1401122 $ 17,700.00 Transfer to NYO Property Group ...0914: $ 2,000.00

Liberty Mutual Insurance $ 291.00

30

McLarsee Patmon $ 38.25 Nina Cerimeli $ 25.50 Channel Daniels $ 37.19 Transfer to Rubino Construction ...1421: $ 20,000.00

Transfer to Dominic/Jackie Marchionda …8324 $ 10,000.00 Chase AutoPay $ 14,156.20 City of Youngstown Water Utility Grant Transfer $ 249,685.37

Youngstown First National Holdings xx8673: $ 15,000.00 Cintas $ 44.64

Gloria Tucker $ 24.06

Latoya Ortello $ 47.50

McLarese Patmon $ 41.56

Home Savings & Loan $ 6,602.06

Nina Cerimelli $ 143.50

Channel Daniels $ 41.56

C & D Containment $ 800.00

First National Bank A-P Pmt $ 8,515.50 Transfer to NYO Property Group xx0914: $ 7,000.00 Amex ePayment $ 6,712.44

The Grout Medic $ 1,924.00

Transfer to NYO Property Group xx0914: $ 1,000.00

Ever Bank Commercial Finance $ 1,299.31

Transfer to Rubino Construction xx1421: $ 75,000/00


Target Card Svc Bill Pay $ 1,804.86 Scott's Massage Therapy $ 50.00 Armstrong Util $ 241.26 Ally Pmt $ 1,058.28 RBS Citizens N Loan Pmt $ 945.67 Smart LLC $ 291.20 Sylvia Bennett $ 70.00

31

East Ohio Gas Pmt $ 63.45 Cash $ 36.00 Villas di Tuscany: $ 7,519.22

First National Bank $ 7,519.22 Youngstown Stambaugh Holdings(Hotel) $ 25,000.00 Ohio Development Services Agency $ 25,000.00

Transfer to Y'town Acquisition Holdings xx0909: $ 2,000.00

Cincinnati Insurance $ 2,776.00

Transfer to NYO Property Group: $ 6,000.00

NYO Property Gro Payroll $ 8,882.82 Transfer to NYO Property Group xx0914: $ 6,000.00 Youngstown State University $ 2,000.00


Sherilynn Shaw $ 15.31

LaToya Ortelio $ 15.00

Avrem Technologies, Inc. $ 2,541.25


William Burton $ 318.77



Prime pay Invoice $ 77.73

Transfer to NYO Property Group xx0914: $ 2,000.00

Overdraft Fee $ 185.00

Metromonthly $ 310.70

Protect-N-Shred $ 34.00

AT & T $ 237.94

32

Thomas Wisener $ 107.52


Transfer to NYO Property Group xx0914 $ 500.00 Transfer to NYO Property Group xx0914 $ 5,000.00 Transfer to NYO Property Group xx0914: $ 8,000.00

Overdraft Fee $ 111.00

Prime pay Preauth $ 4,278.37


Ever Bank Commercial Finance $ 281.82


LaToya Ortello $ 20.00

McLarese Patmon $ 17.50 Transfer to Rubino Construction xx1421: $ 100,000.00

Transfer to Dominic/Jackie Marchionda …8324 $ 12,000.00 Chase AutoPay $ 13,659.43 Key Bank $ 1,562.05 Prudential Ins Prem $ 60.61

Transfer to NYO Property Group xx0914 $ 4,000.00 Amex ePayment ACH Pmt $ 6,090.31

Transfer to Rubino Construction xx1421: $ 361,423.86 NYO Property Group : $ 5,000.00

Penguin Club $ 500.00 Committee to Elect Susan Maruca $ 200.00 Park South Development $ 125.00

Transfer to Dominic/Jackie Marchionda …8324: $ 10,000.00 Amex ePayment ACH Pmt $ 2,043.70 Sam’s Club MC Sam’s ePay $ 457.97 Ohio Edison ACH $ 210.60 Chase Loans $ 350.78 Aqua Servi $ 286.93 Aqua Servi $ 117.92 Transfer to Villas di Tuscany xx4574: $ 5,000.00

Transfer to Loan $ 4,500.00

33

Pmt to Comm Tax Re Var Loan $ 472.50 Transfer to Dominic/Jackie Marchionda …8324: $ 5,000.00 Dollar Bank $ 6,500.00 Monthly Svc Fee $ 2.00 Auto Mtg Pmt $ 3,557.87 Auto Loan Pmt $ 2,499.75 Prudential Insurance $ 1,500.00 Nordstrom Payment $ 1,203.21 MMOH Premiums $ 1,844.28 Sherry Landes $ 150.00

Transfer Dominic/Jackie Marchionda …8324 $ 20,000.00 Stifel Nicolaus $ 20,000.00 Target Card Srvc Bill Pay $ 1,420.86 Armstrong Util $ 275.09 Phil Snyder $ 168.00 American Lawn Sprinklers $ 73.00 Poland Medical Center $ 50.00 Transfer to Villas di Tuscany xx4574 $ 4,100.00

Transfer to Loan $ 4,027.50

Transfer to Dominic/Jackie Marchionda …8324: $ 7,500.00 L & R Estate Maintenance $ 1,051.81 Holy Family Church $ 100.00 Kim Penman $ 70.00 Allstate F & C Ins Chkpmt $ 44.44 Stifel Nicolaus $ 4,000.00 St Elizabeth Health Centre $ 100.00 Pine Hollow Springs $ 28.60 Youngstown Muni Court $ 10.00 Beautitude House $ 500.00 Yuhanik Cleaners $ 47.62 Jim & Deanna Dille $ 46.50 Transfer to Villas di Tuscany xx4574 ; $ 3,500.00

Roundtable LLC $ 4,000.00 Overdraft Fee $ 37.00

Transfer to Dominic/Jackie Marchionda …8324: $ 5,000.00 RBS Citizens Loan Pmt $ 945.67 Smart LLC $ 291.20 Holy Family $ 100.00 Audra No….(sp?) $ 95.00 East Ohio Gas Pmt $ 94.56 Sylvia Bennett $ 70.00 NYC DOF PV Checkpmt $ 115.00 Sayed Yossef MD $ 157.70 Cash $ 100.00

34

Kim Penman $ 70.00 Comenity Pay SB Web Pmt $ 432.28 Nina Cerimelli $ 391.50



THIRD COUNT: THEFT BY DECEPTION FROM THE STATE OF OHIO/FEDERAL GOVERNMENT, ENERGY LOAN FUND AND BROWNFIELD MONEY

DEFENDANT: DOMINIC MARCHIONDA AND WICK PROPERTIES LLCDATE RANGE: 02/22/2015 through 10/22/2015LOCATION: MAHONING COUNTY, OHIO and FRANKLIN COUNTY, OHIO TIME: N/A

did, with purpose to deprive the State of Ohio and or United States of America, the owner, of property or services, by deception, knowingly obtain or exert control over either the property or services, said property and/or services being one million dollars or more in value, in violation of Section 2913.02(A)(3) of the Revised Code, a Felony of the First Degree, against the peace and dignity of the State of Ohio. (Wick Tower Project: False records documents to secure a $5,008,400.00 Energy Loan Fund Loan and a $770,000.00 Brownfield Loan .) On the following dates throughout the above date range, Dominic Marchionda a managing member or person in control or substantial control of Wick Properties LLC submitted false records to the Ohio Department of Development to receive funds a more specific description follows:

ENERGY LOAN1. Draw 1, February 10, 2015, items falsified include—Borrowers Certificate by at a minimum asserting that loan proceeds were only used for the payment of allowable cost, all duties and obligations required to be carried out and performed pursuant to the loan agreement that were carried out and followed, Disclosure of Use of Affiliated Entities and Certification of Competitive Price by failing to list that Rubino Construction, the general contractor on the project was related to Wick Properties LLC and/or to Dominic Marchionda—being that Dominic Marchionda is and has been the President of Rubino and has operated Rubino Construction since 2006 2. April 2, 2015 borrower’s certificate (see February 10, 2015 Barrower’s certificate)3. October 15, 2015 completion certificate—All cost of providing the project were not paid.

BROWNFIELD LOAN1. Payroll Sheets for time period 9/30/13 to 11/2/13--dated 11/6/13 containing the forged signature of John Doe 4, containing the false representation that John Doe 4 was the

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President of Rubino Construction, and containing false data that John Doe 4 worked a certain number of hours was paid an hourly rate and money during this period of time when in fact he did not work the hours stated, and received ZERO money. 2. Payroll Sheets for time period 11/4/13 to 11/30/13--dated 12/17/13 containing the forged signature of John Doe 4, containing the false representation that John Doe 4 was the President of Rubino Construction, and containing false data that John Doe 4 worked a certain number of hours and was paid an hourly rate and money during this period of time when in fact he did not work the hours stated, and received ZERO money.3. Payroll sheets for time period ending 1/31/14--dated 3/14/14 containing the forged signature of John Doe 4, containing the false representation that John Doe 4 was the President of Rubino Construction, and containing false data that John Doe 4 worked a certain number of hours and was paid an hourly rate and money during this period of time when in fact he did not work the hours stated, and received ZERO money.

FOURTH COUNT: THEFT BY DECEPTION FROM THE STATE OF OHIO/FEDERAL GOVERNMENT, BROWNFIELD MONEY

DEFENDANT: DOMINIC MARCHIONDA, RUBINO CONSTRUCTION INC., AND U.S. CAMPUS SUITES LLCDATE RANGE: 9/11/11 TO 10/19/2011LOCATION: MAHONING COUNTY, OHIO and FRANKLIN COUNTY, OHIO TIME: N/A

did, with purpose to deprive the State of Ohio and/or the United States of America, the owner, of property or services, to wit: U.S. Currency (Brownfield Money), by deception, knowingly obtain or exert control over either the property or services, said property and/or services being seven hundred fifty thousand dollars or more, but less than one million five hundred thousand dollars, in violation of Section 2913.02(A)(3) of the Revised Code, a Felony of the Second Degree, (Erie Terminal Project: false certified payroll records). Specifically, On or about October 10, 2011 certified payroll records were signed and sent to The Ohio Department of Development in Columbus, Franklin County, Ohio. Those reports falsely stated that John Doe 4 earned $9,999.42 when he earned ZERO based upon an hourly rate of 31.42, which he did not have and based upon 318.25 hours that he did not work.

FIFTH COUNT: THEFT BY DECEPTION FROM THE CITY OF YOUNGSTOWN

DEFENDANT: ERIE TERMINAL PLACEDATE RANGE: 10/07/2011 through 02/28/2013 LOCATION: MAHONING COUNTY, OHIO TIME: N/A

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did, with purpose to deprive the City of Youngstown, the owner, of property or services, knowingly obtain or exert control over said property or services to wit: money, by deception said property or services being one hundred fifty thousand dollars, or more, but less than seven hundred fifty thousand dollars, in violation of Section 2913.02(A)(2) of the Revised Code, a Felony of the Third Degree, against the peace and dignity of the State of Ohio. (Erie Terminal project: Water Grant money from the City of Youngstown Water Fund) Specifically, Dominic Marchionda owned, managed or controlled Erie Terminal Place. He is a high managerial officer in the company. Please see Count One as it relates to his conduct with respect to Theft by Deception of Youngstown Water Funds.

SIXTH COUNT: THEFT BEYOND THE SCOPE FROM THE CITY OF YOUNGSTOWN

DEFENDANT: WICK PROPERTIES LLCDATE RANGE: 08/22/2014 to 09/25/14LOCATION: MAHONING COUNTY, OHIO TIME: N/A

did, with purpose to deprive the City of Youngstown, the owner, of property or services, to wit: U.S. Currency, beyond the scope of the express or implied consent of the owner or personal authorized to give consent, knowingly obtain or exert control over either the property or services, said property and/or services being seventy five hundred dollars or more but less than one hundred fifty thousand dollars in violation of Section 2913.02(A)(3) of the Revised Code, a Felony of the Fourth Degree. Specifically, Dominic Marchionda owned, managed or controlled Wick Properties LLC. He is a high managerial officer in the company. Wick Properties Llc was and or is the owner of the Wick Tower and the Wick Tower Project which redeveloped the building into a residential structure. Please see Count two, as it relates to his conduct with respect to Theft Beyond the Scope of City of Youngstown Float Loan Money. This matter is still under investigation. At the time of indictment, it was known that the defendant allegedly used money outside of the consent of the owner of the money, The City of Youngstown for:

1. The Stambaugh Hotel Project2. Bounced check fees of other companies3. Holy Family Church4. The Villas Di Tuscany5. The personal debts of Dominic and Jackie Marchionda such as the cable bill, the dental bill, the doctor bills, car loans, massages, insurance , the garbage bill and more. 6. To maintain operations of the NYO Property Group

RECEIVING STOLEN PROPERTY COUNTSGENERALLY

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These counts, the Receiving Stolen Property Counts pertain to Dominic Marchionda and or one of the listed companies he owns, manages or controls receiving money once it was stolen from the City of Youngstown and/or the State of Ohio. Because Dominic Marchionda stole the money, as outlined in Counts One through Three, once he transferred it through Rubino to himself he had a reasonable cause to believe that the money had been obtained through the commission of a theft offense. Typically stolen money was transferred to Rubino Construction and then transferred or received by Dominic Marchionda or on of a number of companies he owns, manages or controls at which time it was spent. The theft offense involved in the Receiving Stolen Property counts is Theft.

SEVENTH COUNT: RECEIVING STOLEN PROPERTY: ERIE TERMINAL PROJECT FIRST FLOAT LOAN PAYMENT

DEFENDANTS: DOMINIC MARCHIONDA, AND RUBINO CONSTRUCTION INC.DATE: 10/12/2011 through 02/17/2012LOCATION: MAHONING COUNTY, OHIO TIME: N/A

did receive, retain or dispose of property of another, the City of Youngstown, knowing or having reasonable cause to believe that said property has been obtained through the commission of a theft offense, and the value of said property being one hundred fifty thousand dollars or more, in violation of Section 2913.51(A)(C) of the Revised Code, a Felony of the Third Degree, against the peace and dignity of the State of Ohio. (Erie Terminal Project: City of Youngstown Float loan money.) Specifically:

DOMINIC MARCHIONDA TRANSFERS TO RUBINO CONSTRUCTION THEN TO DOMINIC/JACQUELINE MARCHIONDA …8324

10/21/11 8,000.0011/16/11 20,000.0012/1/11 10,000.001/3/12 20,000.001/30/12 8,000.002/8/12 15,000.00

DOMINIC MARCHIONDA TRANSFERS MONEY TO VILLAS DI TUSCANY ACCOUNT ENDING IN…4574

10/12/11 4,500.0012/1/11 3,000.001/3/12 2,500.001/10/12 2,000.00 then to Palmetto Bluffs2/17/12 2,835.00

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DOMINIC MARCHIONDA TRANSFERS MONEY TO RUBINO THEN TO U.S. CAMPUS SUITES…7422

10/21/11 20,000.0010/24/11 24,000.0010/28/11 5,000.0011/22/11 35,000.00

DOMINIC MARCHIONDA TRANSFERS MONEY TO RUBINO THEN TO OTHER COMPANIES HE OWNS, CONTROLS OR MANAGES

10/27/11 2,000.00 TO MCMR01/03/12 2,500.00 TO DJD & C

EIGHTH COUNT: RECEIVING STOLEN PROPERTY, ERIE TERMINAL PROJECT SECOND WATER UTILITY GRANT

DEFENDANTS: DOMINIC MARCHIONDA, AND RUBINO CONSTRUCTION INC.DATE: 03/13/2012 through 02/03/2013LOCATION: MAHONING COUNTY, OHIO TIME: N/A

did receive, retain or dispose of property of another, the City of Youngstown, knowing or having reasonable cause to believe that said property has been obtained through the commission of a theft offense, and the value of said property being one hundred fifty thousand dollars or more, in violation of Section 2913.51(A)(C) of the Revised Code, a Felony of the Third Degree, (Erie Terminal Project: City of Youngtown Water Grant, $220,000.00) Specifically,

City of Youngstown Water Utility Grant Transfer $ 220,000.00

Transfer to Rubino Account xx1421 $ 220,000.00

Transfer to Dominic/Jackie Marchionda …8324 $ 50,000.00 Transfer to Dominic/Jackie Marchionda …8324 $ 50,000.00 Pfau, Pfau Marando IOLTA $ 200,000.00.

The two $50,000.00 checks above were combined with a $105,104.72 transfer from MCMR Enterprises LLC to make this Pfau, Pfau Marando payment. Defendant owns, controls, or manages MCMR. The bank signature card shows Gaetano Marchionda. However copies of the checks show that defendant signed them, as well as, Amy O'Brien who used to work for NYO. This expenditure is not water or storm water related.

NINTH COUNT: RECEIVING STOLEN PROPERTY : BROWNFIELD MONEY

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DEFENDANTS: DOMINIC MARCHIONDA, RUBINO CONSTRUCTION INC, and/or U.S. CAMPUS SUITES LLCDATE: 09/09/2011 through 10/19/2011LOCATION: MAHONING COUNTY, OHIO TIME: N/A

did receive, retain or dispose of property, the property of another, the State of Ohio and/or the United States of America (Brownfield Money), and the said knowing or having reasonable cause to believe that said property has been obtained through the commission of a theft offense, and the value of the property involved was seven thousand five hundred dollars, or more, but less than one hundred fifty thousand dollars, in violation of Section 2913.51(A)(C) of the Revised Code, a Felony of the Fourth Degree, against the peace and dignity of the State of Ohio. (Erie Terminal Project: Brownfield Money)

Consistent with what was stated, Brownfield money once it was stolen, Dominic Marchionda received, retained or disposed of city money either personally or as an office or managing member of Rubino Construction or U.S. Campus Suites to

1. Pay his accountant2. Reimburse a person 10,000.00 for a lot refund3. Pay the Public Library4. Pay his insurance5. Pay other personal expenses 6. Pay U.S. Campus Suites $25,000.00

As shown below: $604,805.00 from the State of Ohio was transferred by Dominic Marchionda or at his request to: Erie Terminal xx2064, $464,265.00

Paid Don Augenstein $ 28,125.00

Transfer to Rubino xx1421 $ 35,000.00

Transfer to US Campus xx7422 $ 25,000.00 Transfer to DJD & C xx1215 $ 10,000.00 RXXXX MXXXX $ 10,000.00

Transfer to Dominic/Jackie Marchionda …8324 $ 2,500.00 Public Library $ 100.00 Prudential Ins Premium $ 900.00 Amex $ 2,030.75

NSF fee $ 37.00

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TENTH COUNT: RECEIVING STOLEN PROPERTY

DEFENDANTS: U.S. CAMPUS SUITES LLC and/or VILLAS DI TUSCANY LLCDATE: 10/12/2011 through 02/17/2012TIME: N/ALOCATION: MAHONING COUNTY, OHIO

did receive, retain or dispose of property, the property of another, the City of Youngstown, knowing or having reasonable cause to believe that said property has been obtained through the commission of a theft offense, and the value of the property involved was seven thousand five hundred dollars, or more, but less than one hundred fifty thousand dollars, in violation of Section 2913.51(A)(C) of the Revised Code, a Felony of the Fourth Degree. (Erie Terminal Project: City of Youngstown Float Loan Money)

See count 7, the money received by these companies and then spent after an officer or managing member or person under control of the company, Dominic Marchionda had stolen the money.

ELEVENTH COUNT: RECEIVING STOLEN PROPERTY, FLOAT LOAN MONEY CITY OF YOUNGSTOWN, WICK TOWER PROJECT

DEFENDANTS: DOMINIC MARCHIONDA, RUBINO CONSTRUCTION INC. AND VILLAS DI TUSCANY LLC,DATE: 08/25/2014 TO FEBRUARY 23, 2015LOCATION: YOUNGSTOWN, OHIO TIME: N/A

did receive, retain or dispose of property, the property of another, the City of Youngstown, and knowing or having reasonable cause to believe that said property has been obtained through the commission of a theft offense, and the value of the property involved was seven thousand five hundred dollars, or more, but less than one hundred fifty thousand dollars, in violation of Section 2913.51(A)(C) of the Revised Code, a Felony of the Fourth Degree. (Wick Tower project: City of Youngstown Float Loan Money) At time of indictment this was still under investigation so only a partial count was included in the indictment. Dominic Marchionda a high ranking officer, managing member or President of the above companies retained or received money from the City of Youngstown and in his capacity of officer of Rubino Construction disposed of the money by transferring it to himself, or the Villas Di Tuscany. Once the money was received by him or his wife or by Villas Di Tuscany, a company he owns, controls or manages it was disposed of as show below: Transfer to Rubino Construction xx1421: $311,782.75


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Amex E Pmt $ 7,262.50 Prudential Ins $ 60.61 Transfer to Villas di Tuscany xx4574 $ 2,000.00 Transfer to Villas di Tuscany xx4574 $ 15,000.00 Transfer to Loan $ 14,099.43 Donald J. Augenstein CPA $ 1,515.00

Transfer to Dominic/Jackie Marchionda …8324: $ 20,000.00 Holy Family $ 100.00 Chase ePay $ 19,013.23 Chase Loans $ 350.78

Transfer to Dominic/Jackie Marchionda …8324: $ 5,000.00 Dom/Jacq Dollar Bank xx5773 $ 6,500.00

Transfer to Dominic/Jackie Marchionda …8324: $ 20,000.00 Sylvia Bennett $ 70.00 Target Card Srvc Bill Pay $ 1,500.00 Kim Penman $ 70.00 Armstrong Util $ 258.03 IRS $ 400.00 Ally Payment $ 1,058.28 Ursuline Sisters $ 100.00 Clearview Window Cleaning $ 1,128.20 RBS Citizens N Loan Pmt $ 945.67 Smart Tuition $ 627.40 Comenity Pay IL Web Pmt $ 183.92 Armstrong Turf & Ornamental $ 166.53 Allied Waste Svc Ck Pmt $ 118.49 East Ohio Gas Pmt $ 53.52 Pine Hollow Springs $ 28.60 Sylvia Bennett $ 140.00 Yuhanick Cleaners $ 27.62 Phil Snyder $ 181.40 Chase AutoPay $ 5,481.92 Sam’s Club Stores Purchase $ 564.82 L & R Estate Maintenance $ 526.44 Dollar Bank $ 6,500.00 Dillard’s CC Epay $ 239.84 Kim Penman $ 140.00 Prudential Ins $ 60.61 Guzman Photography $ 27.00 Amex ePmt $ ,368.56 Sam’s Club MC ePay $ 224.85 Purple Cat $ 200.00 Sherry Landis $ 150.00 Transfer to Villas di Tuscany xx4574: $ 1,000.00 Mahoning Co Treasurer $ 2,087.88 NSF/Funds Unavailable fee $ 37.00

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Transfer to Rubino Construction xx1421: $ 75,000.00 Transfer to Dominic/Jackie Marchionda …8324: $ 10,000.00 Target Card Svc Bill Pay $ 1,804.86 Scott's Massage Therapy $ 50.00 Armstrong Util $ 241.26 Ally Pmt $ 1,058.28 RBS Citizens N Loan Pmt $ 945.67 Smart LLC $ 291.20 Sylvia Bennett $ 70.00 East Ohio Gas Pmt $ 63.45 Cash $ 36.00 Transfer to Villas di Tuscany : $ 7,519.22 Transfer to Rubino Construction xx1421 $100,000.00

Transfer to Dominic/Jackie Marchionda …8324: $ 12,000.00 Chase AutoPay $ 13,659.43 Key Bank $ 1,562.05 Prudential Ins Prem $ 60.61 Transfer to Rubino Construction xx1421: $361,423.86

Transfer to Dominic/Jackie Marchionda …8324; $ 10,000.00 Amex ePayment ACH Pmt $ 2,043.70 Sam’s Club MC Sam’s ePay $ 457.97 Ohio Edison ACH $ 210.60 Chase Loans $ 350.78 Aqua Servi $ 286.93 Aqua Service $ 117.92 Transfer to Villas di Tuscany xx4574: $ 5,000.00 Transfer to Loan $ 4,500.00 Pmt to Comm Tax Re Var Loan $ 472.50

Transfer to Dominic/Jackie Marchionda …8324 $ 5,000.00 Dollar Bank $ 6,500.00

Transfer to Dominic/Jackie Marchionda …8324 $ 20,000.00 Stifel Nicolaus $ 20,000.00 Target Card Srvc Bill Pay $ 1,420.86 Armstrong Util $ 275.09 Phil Snyder $ 168.00 American Lawn Sprinklers $ 73.00 Poland Medical Center $ 50.00 Transfer to Villas di Tuscany xx4574 $ 4,100.00 Transfer to Loan $ 4,027.50

Transfer to Dominic/Jackie Marchionda …8324: $ 7,500.00 L & R Estate Maintenance $ 1,051.81 Holy Family Church $ 100.00 Kim Penman $ 70.00 Allstate F & C Ins Chkpmt $ 44.44

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Stifel Nicolaus $ 4,000.00 St Elizabeth Health Centre $ 100.00 Pine Hollow Springs $ 28.60 Youngstown Muni Court $ 10.00 Beautitude House $ 500.00 Yuhanik Cleaners $ 47.62 Jim & Deanna Dille $ 46.50 Transfer to Villas di Tuscany xx4574 $ 3,500.00

Roundtable LLC $ 4,000.00 Overdraft Fee $ 37.00

Transfer to Dominic/Jackie Marchionda …8324 $ 5,000.00 RBS Citizens Loan Pmt $ 945.67 Smart LLC $ 291.20 Holy Family $ 100.00 Audra No… $ 95.00 East Ohio Gas Pmt $ 94.56 Sylvia Bennett $ 70.00 NYC DOF PV Checkpmt $ 115.00 Sayed Yossef MD $ 157.70 Cash $ 100.00 Kim Penman $ 70.00 Transfer to Rubino Construction xx1421: $ 532,441.95

Transfer to Dominic/Jackie Marchionda …8324: $ 15,000.00 Chase AutoPay $ 9,855.96 Amex ePayment ACH Pmt $ 3,096.89 Prudential Insurance $ 60.61 Sam’s Club MC Sam’s ePay $ 409.73 Harland Clarke Chk Orders $ 27.30 Dollar Bank $ 6,500.00

Transfer to Dominic/Jackie Marchionda …8324: $ 25,000.00 Returned Item Fee $ 37.00 Overdraft Fee $ 74.00 Denny Moore's Carpet Cleaning $ 304.95 Prudential Insurance $ 1,500.00 MMOH Premiums $ 1,844.28 Ohio Edison ACH $ 228.36 Aqua Ohio $ 109.23 Mahoning County Sanitary $ 78.82 Sherry Landis $ 110.00 Yuhanichs $ 142.43 Holy Family 8th Grade $ 100.00 Target Card Srvc Bill Pay $ 1,523.86 Medicine Place $ 140.03 Armstrong Util $ 170.62 Dr. PJ Snyder $ 157.00

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SPI Dermatology Purchase $ 50.00 Dollar Bank $ 6,500.00 Committee to Elect Dan Yemma $ 150.00

Smart LLC $ 291.20 East Ohio Gas Pmt $ 193.94 RBS Citizens Loan Pmt $ 945.67 Poland Medical Center $ 25.00 Laura Lyra $ 50.00 Allstate P & C Ins Chkpmt $ 633.42 Aqua Water $ 103.20 Audra Nezbeth $ 95.00 Mahoning County Sanitary $ 82.77 University Hospitals $ 50.00 L & R Estate Maintenance $ 328.49 Sherry Landis $ 200.00 Prudential Ins $ 60.61 Peterson Park $ 50.00 Bob Richards $ 50.00 Calla's $ 25.00 Amex ePayment ACH $ 11,816.69 Sam’s Club MC ePay $ 1,157.30 Transfer to Villas di Tuscany xx4574 $ 4,500.00 Transfer to Loan $ 4,500.00

Transfer to Dominic/Jackie Marchionda …8324: $ 10,000.00 Transfer to NYO Property xx0914 $ 10,000.00 NYO Property Gro Payroll $ 10,151.12

Transfer to Rubino Construction xx1421 $ 303,029.89

Transfer to Villas di Tuscany xx4574 $ 754.87

Transfer to Loan $ 754.84 Transfer to Dominic/Jackie Marchionda …8324 $ 15,000.00 Overdraft Fee $ 37.00 Returned Item Fee $ 37.00 Chase Loans $ 350.78 FirstEnergy OPCO ACH $ 239.35 Yuhanichs $ 86.32 Dollar Bank $ 6,500.00

Transfer to Dominic/Jackie Marchionda …8324: $ 20,000.00 MMOH Premiums $ 2,070.89 Nordstrom Payment $ 839.54 Macy's Web Pmt $ 687.84 Purple Cat $ 100.00 Youngstown State University $ 4,570.64 Comenity Pay SB Web Pmt $ 608.04

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Target Card SRvc Bill Pay $ 424.42 Armstrong Utilities $ 213.75 Comenity Pay SB Web Pmt $ 500.00 East Ohio Gas Pmt $ 309.01 Allstate F & C Ins Pmt $ 2,705.90 Allstate P & C Ins Pmt $ 1,131.90 RBS Citizens N Loan Pmt $ 945.67 Smart LLC $ 291.20 Summa Physicians $ 129.75 Pine Hollow Springs $ 72.00 Poland Medical Cente $ 67.62 Dollar Bank $ 6,500.00

Transfer to Villas di Tuscany xx4574: $ 5,300.00 Transfer to Loan $ 4,263.17

Youngstown Stambaugh Holdings, LLC: $ 80,000.00

Ohio Edison $ 117.13 Youngstown Water Department $ 44.18 Long EDA $ 5,000.00 Youngstown Water Department $ 236.48 Hilton Worldwide $ 75,000.00

Transfer to Rubino Construction xx1421 $ 21,794.43

Transfer to Rubino Construction xx1421: $312,973.78

Villas di Tuscany $ 2,000.00 Roundtable LLC $ 2,000.00

Transfer to Dominic/Jackie Marchionda …8324: $ 10,000.00 Holy Family Church $ 40.00 Guzman Photography $ 15.00 Chase AutoPay $ 6,891.74 Mahoning Co Area 2 Court $ 50.00 Transfer from Erie Terminal xx2064 $ 10,000.00

Transfer to Dominic/Jackie Marchionda …8324: $ 10,000.00 Prudential Insurance $ 60.61 Amex Epayment ACH $ 13,713.73 Amex ePayment Returned to xx8324 $ 13,713.73 Amex Epayment ACH $ 13,713.73 Transfer from Erie Terminal xx2064 $ 10,000.00

Transfer to Dominic/Jackie Marchionda …8324: $ 10,000.00 Returned Item Fee $ 37.00

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Sam’s Club MC Sam’s ePay $ 1,291.99 Chase Loans $ 350.78 FirstEnergy OPCO ACH $ 292.13 Purple Cat $ 100.00 Mr. & Mrs. Lalo Beuzo $ 100.00 Holy Family 8th Grade $ 200.00 Prudential Insurance $ 1,500.00 Color Vanity by Lucia $ 65.00 MMOH Premiums $ 2,070.89 Nordstrom Payment $ 1,889.24 Macy's Web Pmt Online Pmt $ 500.00 Sherry Landis $ 160.00 Rich Center for Autism $ 100.00

KEY BANK ATTEMPTED THEFT COUNTS

Key bank provided the construction loan for Dominic Marchionda to construct the Flats at Wick project. Upon paying off the City of Youngstown Float loan, the construction loan was converted into a permanent loan with the additional 2 million dollars added to the loan amount. The loan closed in August of 2009. In November of 2011, the loan was transferred into Key Bank Asset Recovery section from its lending section for the following reasons as stated by Key Bank agents:

“The project is now in its second school year of operation, having come on-line in July 2010. The project was at 92% occupancy in September of 2010 and reported a 1.42:1.0 DCR based on projected underwritten expenses. This school year, the project reports a 89% occupancy and a 1.28:1.0 DCR, but that is based on expense projections from Nov 20 I 0 which we do not have full faith in at this time.

Current Deteriorating Issues -• Borrower has consistently stone-walled COL in not providing financial reporting.

Direct communication with his accountant reveals the firm continues to await data from borrower which brings into question amongst other items, our DCR and clarity of overall financial health of the borrower (Credit score@ I 1!01/1 I is 704 for Dominic and 687 tor wife Jaqueline). Outstanding financial covenant items include:

20 l 0 audited financial statements I tax returns for US Campus Suites, LL.C2010 Tax return for Dominic and Jaqueline Marchionda2011 Interim Financial statement for US Campus Suites, Ll.C

• Borrower has repeatedly changed stories re: potential take-out perm source.• Borrower has now been late(> I 0 but <30 days) on July, Sept, and Oct loan payments,”

By June of 2012, Defendant Marchionda had begun to seek a lender to refinance his loan with Key Bank. He found Morgan Stanley. From June of 2012 into the fall of 2012, the defendant and his attorneys were working on obtaining loan approval for a 5.3 million dollar

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loan to refinance the Key Bank loan. The Defendant owed Key Bank 5.3 million dollars when he proposed the following to Key Bank:

1. Permit the defendant to refinance his loan with Key Bank with another lender2. Key Bank agree to forgive $500,000.00 of the loan.

The defendant has complained that the property was not worth 5.3 million Dollars and that he could only refinance it for $4,800,000.00

Key Bank responded by asking the defendant1. Who is the Refinance lender?2. To provide the Refi paperwork

The defendant lied to Key bank and told Key bank that the refi lender was his partners. But citing a confidentially clause he refused to provide any documents to Key Bank. After the defendant refused to provide the information or seek a waiver from this alleged lender so that the information could be provided Key bank declined to forgive the $500,000.00 and instead asked for the treat the remaining $500,000 as a second loan, but Key Bank still wanted the paperwork it has never received from the defendant and the refinance paperwork. The defendant agreed to provide the refinance paperwork. The defendant again lied to Key Bank representing to Key bank that the amount of his refinance loan from his partners was 4.8 million dollars, when in fact Marchionda had secured a $5,300,000.00 loan from Morgan Stanley. As a result Key bank agreed to the following arrangement:

` 1. Refinance 4.8 million of the 5.3 million dollar balance2. Agree to a $500,000.00 second loan.

However Key bank insisted on the refinance paperwork from Key bank. Paperwork the defendant refused to provide, and then lied about providing.

The defendant told Key bank that his refinance lender was loaning him 4.8 million dollars and agreed to pay closing cost to Key in the amount of approximately $9,000.00. The loan closed on December 31, 2012 as follows:

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The defendant actually received more than 5.5 million dollars of which he pocketed over $553,000.00. The defendant or someone acting on his behalf walked into the Poland, Ohio Branch of Key bank and provided a teller with the following checks on December 31,2012:

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The defendant claimed to have also provided Key bank with the refinance paperwork it had requested. That claim proved to be false. Key bank as a result of not receiving the paperwork it requested refused to release its lien on the property. On or about January 13, 2013 at a meeting in Cleveland Ohio between Key bank attorneys, the defendant, his attorney and Key bank agents, Key bank officials pressed Dominic Marchionda on this refinance loan. According to Key Bank officials Dominic Marchionda’ s attorney instructed Marchionda to “come clean” with Key Bank at which time Dominic Marchionda disclosed:

1. The True Refinance Lender as being Morgan Stanley2. The Amount of the Refinance Loan was 5.3 Million Dollars and not 4.8 million as

Marchionda had been leading Key to believe for months. When ask why he lied about the amount of the Refinance Loan, Marchionda lied again telling Key Bank that two creditors, contractors were threatening to lien on the Flats at Wick project because they were owed the $500,000.00 and that he could not disclose such because he would not get the loan. The Statement about owing $500,000.00 to two creditors was false as was the statement that the creditors were threating to put a lien on the Flats at Wick project. The fact of the matter is that the defendant’s bank records

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[Type a quote from the document

[Type a quote from the document

show that after transferring $150,000.00 of the money several times he transferred at least $150,000.00 to a New York bank account where the money was distributed. The Flats at Wick project was completed by 2011. Under Ohio Law, the time to place a lien on the Flats At Wick project had passed. The $500,000 once received by the defendant it was used by the defendant this way:

1. deposited $553,975.03 into DJM Rentals2. Transferred from DJM Rentals to the following entities the following sums of money on the following dates:

to 95042064 to Erie Terminal $ 75,000.00 1/4/2013to loan payment $ 535.00 1/7/2013to 95042064 to Erie terminal $ 85,000.00 1/7/2013to 95004574 to Villas Di Tuscany $ 50,000.00 1/9/2013to 95027422 to U.S. Campus Suites $ 40,000.00 1/15/2013to 95042064 to Erie Terminal $300,000.00 1/15/2013

These transfers are still under investigation

Key Bank notwithstanding the false statements and delays agreed to the following:1. A $200,000.00 loan2. Security from Dominic Marchionda provided to Key Bank3. A $300,000.00 payment in cash from Marchionda

While Marchionda provided the cash, he also provided Key bank with two Finance Statements that falsely listed his and his wife’s assets. Key Bank caught the fraud as shown below

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Key Bank made Dominic Marchionda correct it, entered into a $200,000.00 loan agreement and reported this activity to Law Enforcement.

TWELFTH COUNT: ATTEMPTED THEFT

DEFENDANT: DOMINIC MARCHIONDADATE: 10/01/2012 through 01/13/2013LOCATION: MAHONING COUNTY, AND CUYAHGA COUNTY, OHIO TIME: N/A

did purposely or knowingly, and when purpose or knowledge is sufficient culpability for the commission of an offense, engage in conduct which if successful, would constitute or result in a violation of Section 2903.02 of the Revised Code, Grand Theft, to wit: did, with purpose to deprive the Key Bank, the owner, of property or services, to wit: $500,000.00, by deception, knowingly attempt to obtain or exert control over either the property or services, said property and/or services being One Hundred Thousand Dollars or more but less than Seven Hundred Fifty Thousand Dollars in violation of Sections 2923.02 & 2913.02(A) (3) of the Revised Code, a Felony of the Fourth Degree. (Attempt to obtain $500,000.00 from Key Bank buy providing false statements about a refinance lender to Key bank and/or False Information.) Specifically, see summary above.

THIRTEENTH COUNT: TAMPERING WITH RECORDS


without privilege to do, and with purpose to defraud or knowing that he was facilitating a fraud, did knowingly utter any writing or record, to wit: Personal Finance Statement submitted as part of a loan request, knowing it to have been tampered with and the writing, data, computer software, the value of the data or computer software involved in the offense or the loss to the victim is one hundred fifty thousand dollars or more or if the offense is committed for the purpose of devising or executing a scheme to defraud or to obtain property or services and the value of the property or services or the loss to the victim is seven thousand five hundred dollars or more, in violation of Section 2913.42(A)(2)(B)(d) of the Revised Code, a Felony of Third Degree. Specifically, see summary above. Marchionda created and submitted false information regarding a life insurance policy and the value and ownership of bonds.

FOURTEENTH COUNT: ATTEMPT TO SECURE WRITINGS BY DECEPTION

DEFENDANT: DOMINIC MARCHIONDADATE: 11/01/2012 through 03/01/2013

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LOCATION: MAHONING COUNTY, AND CUYAHGA COUNTY, OHIO TIME: N/A

did purposely or knowingly, and when purpose or knowledge is sufficient culpability for the commission of an offense, engage in conduct which if successful, would constitute or result in a violation of Section 2913.43 of the Revised Code, Securing writing by deception, to wit: did, by deception cause Key Bank to execute any writing that disposes of or encumbers property, or by which a pecuniary obligation is incurred, and the value of the property or the obligation involved is one hundred fifty thousand dollars or more, in violation of Sections 2923.02 & 2913.43(A)(1)(2) of the Revised Code, a Felony of the Fourth Degree. Specifically, see summary above. Marchionda created and submitted false information regarding a life insurance policy and the value and ownership of bonds.

FIFTEENTH COUNT; FALSIFICATION


did knowingly make a false statement, or knowingly swear or affirm the truth of a false statement previously made, when the statement was made with purpose to commit or facilitate the commission of a theft offense, and the value of the property or services stolen is one hundred fifty thousand dollars or more, in violation of Section 2921.13(A)(9)(F)(2) of the Revised Code, a Felony of the Third Degree. Specifically, see summary above. Marchionda created and submitted false information regarding a life insurance policy and the value and ownership of bonds.

SIXTEENTH COUNT: FALSIFICATION


did knowingly make a false statement, or knowingly swear or affirm the truth of a false statement previously made, when the statement was made with purpose to commit or facilitate the commission of a theft offense, and the value of the property or services stolen is one hundred fifty thousand dollars or more, in violation of Section 2921.13(A)(9)(F)(2) of the Revised Code, a Felony of the Third Degree. Specifically, see summary above. Marchionda created and submitted false information regarding a life insurance policy and the value and ownership of bonds, lied to Key bank about the amount of his refinance loan and the refinance lender.

TAMPERING WITH RECORDS THE THREE PROJECTS

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GENERALLY

Except as otherwise provided these counts are about the defendant submitting false payroll reports, records kept by a Governmental Entity as part of a financial transaction, to secure money from the particular governmental lender. The false payroll reports contained false information about hours worked, rate of pay and/or amount of pay.

FLATS AT WICK (FAW)

SEVENTEENTH COUNT: TAMPERING WITH RECORDS

DEFENDANT: DOMINIC MARCHIONDADATE: 08/30/2009 through 01/13/2010LOCATION: MAHONING COUNTY, OHIO, SUMMITT COUNTY, OHIO, CUYAHOGA COUNTY, OHIO AND FRANKLIN COUNTY, OHIO TIME : NA

without privilege to do, and with purpose to defraud or knowing that he was facilitating a fraud, did knowingly utter any writing or record, to wit: payroll sheets/reports to secure government money, knowing it to have been tampered with and the writing, data, computer software, or record is kept by or belongs to a local, state, or federal government entity, in violation of Section 2913.42(A)(2)(B)(4) of the Revised Code, a Felony of Third Degree. Specifically, this pertains to the Flats At Wick Certified Payroll sheets containing false wage and payment information from the time period of May of 2009 to September of 2009, submitted as part of the process to secure Brownfield Monies.

ERIE TERMINAL PROJECT

EIGHTEENTH COUNT: TAMPERING WITH RECORDS

DEFENDANT: DOMINIC MARCHIONDADATE: 10/06/2011LOCATION: MAHONING COUNTY, OHIOTIME: N/A

without privilege to do, and with purpose to defraud or knowing that he was facilitating a fraud, did knowingly utter any writing or record, to wit: AIA G 702 First Billing record Erie Terminal Construction, knowing it to have been tampered with and the writing, data, computer software, or record is kept by or belongs to a local, state, or federal government entity, in violation of Section 2913.42(A)(2)(B)(4) of the Revised Code, a Felony of Third Degree. (First Billing to the City of Youngstown Erie Terminal Project, Float loan containing false billing and cost information uttered to the City of Youngstown.) Specifically, Marchionda with the help of others, who were not and are not City of Youngstown Officials, provided or caused to be provided to the City of Youngstown, invoices, which falsely stated that the invoices were being submitted for work done

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at the Erie Terminal when Marchionda knew that the work sought to be paid was not done at the Erie Terminal. Marchionda owed B& B $90,000.00 for work, which it did on the Flats at Wick project. For the first billing period, Marchionda caused an AIA G 702 billing form to be provided to the City of Youngstown for the Erie Terminal Project; it provided that 90,000.00 of demolition work was done by B & B Contractors and Developers account when in fact ZERO (0) of such work had been performed by B & B and such billing was merely a ruse. Dominic Marchionda played a major role in the creation and execution, so that B & B Contractors and Developers account would be paid for the work it did at the Flats at Wick project.

NINETEENTH COUNT: TAMPERING WITH RECORDS

DEFENDANT: DOMINIC MARCHIONDA and/or ERIE TERMINAL PLACE LLCDATE: 02/27/2012 through 03/15/2012LOCATION: MAHONING COUNTY, OHIOTIME: N/A

without privilege to do, and with purpose to defraud or knowing that he was facilitating a fraud, did knowingly utter any writing or record, to wit: AIA G 702 billing record #6 the Plumbing portion, knowing it to have been tampered with and the writing, data, computer software, or record is kept by or belongs to a local, state, or federal government entity, in violation of Section 2913.42(A)(2)(B)(4) of the Revised Code, a Felony of Third Degree. Specifically, this count pertains to Marchionda securing all of the $350,000.00 Water Utility Grant from the City of Youngstown by submitting a false billing record to the City of Youngstown, the 6 th billing application on the project, with the form being called an AIA G 702, Application 6 for the Erie Terminal Project is a record kept by the City of Youngstown as part of the $350,000.00 Water Utility Grant. This form contained false billing information regarding plumbing. The City of Youngstown received an AIA G 702 Application 6 in an email from Dominic Marchionda asserting that 96% of the Plumbing work had been done, while at the same time the architect on the Erie Terminal Project received an AIA G 702 Application 6 in an email from Dominic Marchionda asserting that 59% of the plumbing work had been finished. In fact, 59% of the plumbing work had been finished not 96%. Marchionda is in constant need for cash. Between 2011 and 2015, Marchionda or accounts he controlled, paid out over $2,400.00 in bounced checks fees, not including checks that had fees waived. In addition, the constant moving of large sums of money from bank account to bank account, coupled with the fact government money hits a particular bank account that often times the account is in the negative or has a low balance, paints a picture of a cash strapped operation in need of cash. Although all of the plumbing work was done on this project and its cost exceeded $350,000.00 at the time of the submission of AIA G 702 6, it had not, and Marchionda submitted two sets of AIA G 702s, one being false, to feed his need for cash at that time.

TWENTIETH COUNT: TAMPERING WITH RECORDS

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DEFENDANT: DOMINIC MARCHIONDA and/or ERIE TERMINAL PLACE LLCDATE: 10/18/2012LOCATION: MAHONING COUNTY, OHIOTIME: N/A

without privilege to do, and with purpose to defraud or knowing that he was facilitating a fraud, did knowingly utter any writing or record, to wit: invoices, knowing it to have been tampered with and the writing, data, computer software, or record is kept by or belongs to a local, state, or federal government entity, in violation of Section 2913.42(A)(2)(B)(4) of the Revised Code, a Felony of Third Degree. (False invoices submitted to the City of Youngstown by Dominic Marchionda to secure Water Grant money for the Erie Terminal Project) Specifically, this count pertains to Marchionda submitting a false invoice or false invoices to the City of Youngstown to receive a second Water Utility Grant in the sum of $220,000.00. It was asserted that several hundred thousands of dollars of work was done near the end of the Erie Terminal project related to Water and Sewer issues in the back of the Erie Terminal Building. While work was in fact done in the back of the Erie Terminal building, work not related to water and sewer was added to the invoice submitted to the City of Youngstown, jacking up the invoice so that Marchionda could receive the full amount of the Water Utility Grant, $220,000.00

WICK TOWER

TWENTY-FIRST COUNT: TAMPERING WITH RECORDS

DEFENDANT: DOMINIC MARCHIONDA and/or WICK PROPERTIES LLCDATE: 02/10/2015LOCATION: MAHONING COUNTY, OHIO, AND FRANKLIN COUNTY, OHIO TIME : NA

without privilege to do, and with purpose to defraud or knowing that he was facilitating a fraud, falsify, destroy, remove, conceal, alter, deface, or mutilate any writing, computer software, data, or record, to wit: Borrower’s Certificate, and the writing, data, computer software, or record is kept by or belongs to a local, state, or federal government entity, in violation of Section 2913.42(A)(1)(B)(4) of the Revised Code, a Felony of Third Degree, against the peace and dignity of the State of Ohio. (Energy Loan Fund First disbursement)

TWENTY-SECOND COUNT: TAMPERING WITH RECORDS


without privilege to do, and with purpose to defraud or knowing that he/she was facilitating a fraud, falsify, destroy, remove, conceal, alter, deface, or mutilate any writing, computer software,

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data, or record, to wit: Disclosure of Use of Affiliated Entities and Certificate of Competitive Price Energy Loan 1, and the writing, data, computer software, or record is kept by or belongs to a local, state, or federal government entity, in violation of Section 2913.42(A)(1)(B)(4) of the Revised Code, a Felony of Third Degree. The Energy Loan Fund first disbursement, omitting and failing to disclose that Rubino Construction Inc. is a related or affiliated party with Wick Properties Llc. This relationship with hid from both City and State officials.

TWENTY-THIRD COUNT: TAMPERING WITH RECORDS


without privilege to do, and with purpose to defraud or knowing that he was facilitating a fraud, falsify, destroy, remove, conceal, alter, deface, or mutilate any writing, computer software, data, or record, to wit: Certification accompanying Financial Report, and the writing, data, computer software, or record is kept by or belongs to a local, state, or federal government entity, in violation of Section 2913.42(A)(1)(B)(4) of the Revised Code, a Felony of Third Degree, against the peace and dignity of the State of Ohio. The Energy Loan Fund First disbursement based upon false information other than listed in count Twenty-Two.

TWENTY-FOURTH COUNT: TAMPERING WITH RECORDS


without privilege to do, and with purpose to defraud or knowing that he was facilitating a fraud, falsify, destroy, remove, conceal, alter, deface, or mutilate any writing, computer software, data, or record, to wit: Borrower’s Certificate Energy Loan Fund 2, and the writing, data, computer software, or record is kept by or belongs to a local, state, or federal government entity, in violation of Section 2913.42(A)(1)(B)(4) of the Revised Code, a Felony of Third Degree, against the peace and dignity of the State of Ohio. The Energy Loan Fund Second disbursement based upon false information other than listed in count Twenty-Two.

TWENTY-FIFTH COUNT: TAMPERING WITH RECORDS

DEFENDANT: DOMINIC MARCHIONDA and/or WICK PROPERTIES LLCDATE: 06/16/2015

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LOCATION: MAHONING COUNTY, OHIO, AND FRANKLIN COUNTY, OHIO TIME : NA

without privilege to do, and with purpose to defraud or knowing that he was facilitating a fraud, falsify, destroy, remove, conceal, alter, deface, or mutilate any writing, computer software, data, or record, to wit: Borrower’s Certificate, and the writing, data, computer software, or record is kept by or belongs to a local, state, or federal government entity, in violation of Section 2913.42(A)(1)(B)(4) of the Revised Code, a Felony of Third Degree, against the peace and dignity of the State of Ohio. The Energy Loan Fund Third disbursement based upon false information contained in the Borrower’s certificate.

TWENTY-SIXTH COUNT: TAMPERING WITH RECORDS

DEFENDANT: DOMINIC MARCHIONDA and/or WICK PROPERTIES LLCDATE: 07/27/2015 LOCATION: MAHONING COUNTY, OHIO, AND FRANKLIN COUNTY, OHIO TIME : NA

without privilege to do, and with purpose to defraud or knowing that he was facilitating a fraud, falsify, destroy, remove, conceal, alter, deface, or mutilate any writing, computer software, data, or record, to wit: Borrower’s Certificate, and the writing, data, computer software, or record is kept by or belongs to a local, state, or federal government entity, in violation of Section 2913.42(A)(1)(B)(4) of the Revised Code, a Felony of Third Degree. The Energy Loan Fund Fourth disbursement based upon false information in the Borrower’s Certificate.

TWENTY-SEVENTH COUNT: TAMPERING WITH RECORDS


without privilege to do, and with purpose to defraud or knowing that he was facilitating a fraud, did knowingly utter any writing or record, to wit: Borrower’s Certificate, and the writing, data, computer software, or record is kept by or belongs to a local, state, or federal government entity, in violation of Section 2913.42(A)(2)(B)(4) of the Revised Code, a Felony of Third Degree. The Energy Loan Fund’s final disbursement, asserting that all debts from the project had been paid when in fact they were not.

TWENTY-EIGHTH COUNT: TAMPERING WITH RECORDS

DEFENDANT: DOMINIC MARCHIONDA and/or

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WICK PROPERTIES LLCDATE: 09/22/2015 LOCATION: MAHONING COUNTY, OHIO, AND FRANKLIN COUNTY, OHIO TIME : NA

without privilege to do, and with purpose to defraud or knowing that he was facilitating a fraud, did knowingly utter any writing or record, to wit: Completion Certificate, and the writing, data, computer software, or record is kept by or belongs to a local, state, or federal government entity, in violation of Section 2913.42(A)(2)(B)(4) of the Revised Code, a Felony of Third Degree. The Energy Loan Fund Final disbursement false information contained in the Completion Certificate other than the false information described in County 27.

TWENTY-NINTH COUNT: TAMPERING WITH RECORDS

DEFENDANT: DOMINIC MARCHIONDA and/or WICK PROPERTIES LLCDATE: 09/22/2015 through 10/15/2015LOCATION: MAHONING COUNTY, OHIO, AND FRANKLIN COUNTY, OHIO TIME : NA

without privilege to do, and with purpose to defraud or knowing that he was facilitating a fraud, did knowingly utter any writing or record, to wit: Borrower’s Certificate, and the writing, data, computer software, or record is kept by or belongs to a local, state, or federal government entity, in violation of Section 2913.42(A)(2)(B)(4) of the Revised Code, a Felony of Third Degree. The Energy Loan Fund Final disbursement false information contained in the Completion Certificate other than the false information described in County 27 and 28.

THIRTIETH COUNT: TAMPERING WITH RECORDS

DEFENDANT: DOMINIC MARCHIONDA and/or Rubino Construction and/or Erie Terminal Place LLc DATE: 10/19/2011 LOCATION: MAHONING COUNTY, OHIO, AND FRANKLIN COUNTY, OHIO TIME : NA

without privilege to do, and with purpose to defraud or knowing that he was facilitating a fraud, did knowingly utter any writing or record, to wit: Payroll Reports, and the writing, data, computer software, or record is kept by or belongs to a local, state, or federal government entity, in violation of Section 2913.42(A)(2)(B)(4) of the Revised Code, a Felony of Third Degree, against the peace and dignity of the State of Ohio. Payroll sheets for the Brownfield Loan for the Erie Terminal Project were falsified as described herein.

TELECOMMUNICATIONS FRAUD COUNTS

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GENERALLY

The Telecommunication fraud counts pertain to the defendant faxing or causing to be faxed or emailing or causing to be emailed billing records, which contained false information within them, as explained, in a Tampering with Records or Theft counts, after Marchionda, sometimes with the help of others, devised a scheme to defraud.

THIRTY-FIRST COUNT: TELECOMMUNICATIONS FRAUD

DEFENDANT: DOMINIC MARCHIONDADATE: 12/14/2011LOCATION: MAHONING TIME: N/A

unlawfully having devised a scheme to defraud, did knowingly disseminate, transmit, or caused to disseminated or transmitted by means of wire, radio, satellite, telecommunication, telecommunications device, or telecommunication services any writing, data, sign, signal, picture, sound, image with purpose to execute or otherwise further the scheme to defraud and the value of the benefit obtained by the offender or of the detriment to the victim of the fraud is one hundred thousand dollars or more in violation of R.C. Section 2913.05(a) being a felony of the third degree. Specifically, an Email dated 12/14/2011 to a City of Youngstown Official at 8:41am asserting that the proceeds of the second draw of the City of Youngstown Float loan will be used for Erie Terminal related cost when in fact they were not. See Count Two: Erie Terminal Project Second Draw on Float Loan.

THIRTY-SECOND COUNT: TELECOMMUNICATIONS FRAUD

DEFENDANT: DOMINIC MARCHIONDADATE: 02/27/12LOCATION: MAHONING TIME: N/A

unlawfully having devised a scheme to defraud, did knowingly disseminate, transmit, or caused to disseminated or transmitted by means of wire, radio, satellite, telecommunication, telecommunications device, or telecommunication services any writing, data, sign, signal, picture, sound, image with purpose to execute or otherwise further the scheme to defraud and the value of the benefit obtained by the offender or of the detriment to the victim of the fraud is one hundred thousand dollars or more in violation of R.C. Section 2913.05(a) being a felony of the third degree. Specifically, an Email dated 02/27/2012 to a City of Youngstown Official requesting the proceeds from the City Water Fund Grant and attaching an AIA G702 Billing form containing false data or information about the plumbing work. See Count 1: Summary Erie Terminal Project and Count 19.

THIRTY-THIRD COUNT: TELECOMMUNICATIONS FRAUD

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DEFENDANT: DOMINIC MARCHIONDADATE: 10/08/13LOCATION: MAHONING AND FRANKLIN COUNTY, OHIOTIME: N/A

unlawfully having devised a scheme to defraud, did knowingly disseminate, transmit, or caused to disseminated or transmitted by means of wire, radio, satellite, telecommunication, telecommunications device, or telecommunication services any writing, data, sign, signal, picture, sound, image with purpose to execute or otherwise further the scheme to defraud and the violation occurred as part of a course of conduct involving other violations of division (A) of this section or violations of, attempts to violate, conspiracies to violate, or complicity in violations of section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code and the value of the benefit obtained by the offender or of the detriment to the victim of the fraud is one hundred fifty thousand dollars or more but less than one million dollars in violation of R. C. Section 2013.05 (A) being a felony of the second degree. (Email: disbursement 1 draw request, Brownfield loan money, Wick Tower Project) Specifically, please see Count Three: Brownfield Loan Summary.

THIRTY-FOURTH COUNT: TELECOMMUNICATIONS FRAUD


unlawfully having devised a scheme to defraud, did knowingly disseminate, transmit, or caused to disseminated or transmitted by means of wire, radio, satellite, telecommunication, telecommunications device, or telecommunication services any writing, data, sign, signal, picture, sound, image with purpose to execute or otherwise further the scheme to defraud and the violation occurred as part of a course of conduct involving other violations of division (A) of this section or violations of, attempts to violate, conspiracies to violate, or complicity in violations of section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code and the value of the benefit obtained by the offender or of the detriment to the victim of the fraud is one hundred fifty thousand dollars or more but less than one million dollars in violation of R. C. Section 2013.05 (A) being a felony of the second degree.. (Email: Draw #2 Wick Tower Project, Brownfield Loan Fund) Specifically, please see Count Three: Brownfield Loan Summary.

THIRTY-FIFTH COUNT: TELECOMMUNICATIONS FRAUD


unlawfully having devised a scheme to defraud, did knowingly disseminate, transmit, or caused to disseminated or transmitted by means of wire, radio, satellite, telecommunication,

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telecommunications device, or telecommunication services any writing, data, sign, signal, picture, sound, image with purpose to execute or otherwise further the scheme to defraud and the violation occurred as part of a course of conduct involving other violations of division (A) of this section or violations of, attempts to violate, conspiracies to violate, or complicity in violations of section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code and the value of the benefit obtained by the offender or of the detriment to the victim of the fraud is one hundred fifty thousand dollars or more but less than one million dollars in violation of R. C. Section 2013.05 (A) being a felony of the second degree. (Draw #3 Wick Tower Project, Brownfield Loan Fund) Specifically, please see Count Three: Brownfield Loan Summary.

THIRTY-SIXTH COUNT: TELECOMMUNICATIONS FRAUD

DEFENDANT: DOMINIC MARCHIONDADATE: 03/17/14 LOCATION: MAHONING AND FRANKLIN COUNTY, OHIOTIME: N/A

unlawfully having devised a scheme to defraud, did knowingly disseminate, transmit, or caused to disseminated or transmitted by means of wire, radio, satellite, telecommunication, telecommunications device, or telecommunication services any writing, data, sign, signal, picture, sound, image with purpose to execute or otherwise further the scheme to defraud and the violation occurred as part of a course of conduct involving other violations of division (A) of this section or violations of, attempts to violate, conspiracies to violate, or complicity in violations of section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code and the value of the benefit obtained by the offender or of the detriment to the victim of the fraud is one hundred fifty thousand dollars or more but less than one million dollars in violation of R. C. Section 2013.05 (A) being a felony of the second degree. (Draw #4 Wick Tower Project, Brownfield Loan Fund) Specifically, please see Count Three: Brownfield Loan Summary.

THIRTY-SEVENTH COUNT: TELECOMMUNICATIONS FRAUD


unlawfully having devised a scheme to defraud, did knowingly disseminate, transmit, or caused to disseminated or transmitted by means of wire, radio, satellite, telecommunication, telecommunications device, or telecommunication services any writing, data, sign, signal, picture, sound, image with purpose to execute or otherwise further the scheme to defraud and the violation occurred as part of a course of conduct involving other violations of division (A) of this section or violations of, attempts to violate, conspiracies to violate, or complicity in violations of section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code and the value of the benefit obtained by the offender or of the detriment to the victim of the fraud is one hundred fifty thousand dollars or more but less than one million dollars in violation of R. C. Section 2013.05 (A) being a felony of the second degree. (Email: Wick Tower project

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Energy Loan Fund Completion certificate) Specifically, please see Count Three: Energy Loan Summary.

THIRTY-EIGHTH COUNT: TELECOMMUNICATIONS FRAUD


unlawfully having devised a scheme to defraud, did knowingly disseminate, transmit, or caused to disseminated or transmitted by means of wire, radio, satellite, telecommunication, telecommunications device, or telecommunication services any writing, data, sign, signal, picture, sound, image with purpose to execute or otherwise further the scheme to defraud and the violation occurred as part of a course of conduct involving other violations of division (A) of this section or violations of, attempts to violate, conspiracies to violate, or complicity in violations of section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code and the value of the benefit obtained by the offender or of the detriment to the victim of the fraud is one hundred fifty thousand dollars or more but less than one million dollars in violation of R. C. Section 2013.05 (A) being a felony of the second degree. (Email: Wick Tower project Energy Loan Fund Borrower’s Certificate) Specifically, please see Count Three: Energy Loan Summary.

MONEY LAUNDERING COUNTS

GENERALLY

All Money Laundering Counts in the indictment allege a violation of 1315.55(a)(2) as follows:

did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the nature, location, source, ownership, or control of the property.

The form of unlawful activity: Theft by Deception and/or Theft Beyond the Scope of Consent or Tampering with Records, or Telecommunications Fraud. Once the money is stolen by Dominic Marchionda, Marchionda acting in his capacity as himself, the President of Rubino Construction, a managing member of an LLC, or a person who manages or controls a company, transfers funds to another person or entity. As a general rule, after the Flats at Wick Project money was transferred to Rubino Construction, it was transferred to Dominic Marchionda and spent, or to an LLC or company he manages, controls or directs and spent again. The transferring or layering of transfers conceal or disguise the nature, location, source, ownership or control of the money. Money is harder to track when it travels from Entity A to Entity B to Entity C and then spent once it has been stolen. There are occasions where money travels from Entity A to Entity B back to Entity A, then to Entity D. The following transactions are transfers which occurred after the

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transfer of money from the particular payor, whether it be the City of Youngtown or the State of Ohio.

FLATS AT WICK

THIRTY- NINTH COUNT: MONEY LAUNDERING


did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the nature, location, source, ownership, or control of the property in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. This count pertains to Water Fund grant monies that have to be spent on water or sewer related purpose pursuant to every Water Grant Agreement, which is the subject of this indictment. Youngstown City Council authorized the Grant for the specific purpose of Water and Sewer related issues. City of Youngstown Water Fund monies totaling $1,200,000.00 were granted to U.S. Campus Suites LLC, who then transferred $45,000.00 to DJM Rental Property LlC’s bank account, who transferred the full $45,000.00 to Dominic Marchionda’ s bank account, where money was spent on personal items by Marchionda. Once the money was stolen, it was transferred to DJM Rentals First National Bank account and then transferred to Dominic and Jackie Marchionda by check and spent as follows:

12/7/2009 45,000.00 check 993 to DJM rentals First National Bank45,000.00 check 660 to Dominic /Jackie Marchionda

this money was spent at follows by the Defendant:12/7/2009 200.00 Holy Family Church12/7/2009 35.00 Cash12/7/2009 8.00 Checks12/7/2009 250.00 Bank of America12/8/2009 24,269.91 Stiffel Nicolaus12/8/2009 100.00 Rich Blackam?12/8/2009 25.00 Holy Family Church12/8/2009 100.00 Poland High School12/8/2009 70.08 Pine Hallow 12/8/2009 58.23 Radiology Consultants12/8/2009 585.85 Youngstown Country Club12/8/2009 1,993.60 Target12/9/2009 72.00 S & T12/9/2009 175.26 Armstrong Cable

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12/9/2009 124.98 Poland Family Chiro12/9/2009 25.00 Holy Family Church12/10/2009 182.71 Barclay 12/10/2009 191.41 gap visa12/11/2009 142.96 The Medicine Place12/11/2009 260.00 Anthony Bicconti Dentist12/14/2009 70.00 Lila Cione12/14/2009 702.99 American express12/14/2009 2,000.00 Bank of America12/15/2009 609.90 Bank of America12/15/2009 1000.00 misc. debit 12/18/2009 216.00 Poland Swim Club12/18/2009 50.00 Rich Blackam?12/21/2009 506.00 Marriott12/21/2009 50.00 Tony Marchionda12/21/2009 40.00 Audra Norleta?12/22/2009 30.00 Poland Basketball12/22/2009 100.00 Rich Blackam?12/22/2009 106.75 Care 12/22/2009 178.68 Aqua Club12/22/2009 158.71 Mahoning County Sanitary 12/22/2009 480.00 JJS12/23/2009 60.61 Prudential12/23/2009 50.00 Gwen Galatia12/23/2009 53.38 S & T12/24/2009 40.00 YMCA12/24/2009 2,834.19 Sam’s Club 12/28/2009 696.71 GMAC12/30/2009 35.00 Nicole Fasco12/31/2009 2,000.00 Bank of America12/31/2009 50.00 Salvation Army1/4/2010 900.00 Prudential1/5/2010 8.00 checks1/5/2010 110.00 NSF charge x31/5/2010 250.00 Bank of America1/5/2010 3898.92 Barclay

The specific transaction is the $45,000.00 check to Dominic and Jackie Marchionda.

FORTIETH COUNT: MONEY LAUNDERING

DEFENDANT: DOMINIC MARCHIONDADATE: 02/02/10

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LOCATION: MAHONING COUNTY, OHIOTIME: N/A

did conduct or attempt to conduct a transaction, knowing that the property involved in the transaction is the proceeds of some form of unlawful activity, by concealing or disguising the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree, (City of Youngstown Water Fund monies totaling $1,200,000.00 granted to U.S. Campus Suites LLC, who then transferred $10,000.00 to Dominic Marchianda’s bank account where money was spent on personal items by Marchionda) Specifically, this count pertains to a $10,000.00 transfer to Dominic Marchionda from the Huntington Bank account of U.S. Campus Suites LLC as follows:

18,100.32 Balance Huntington…7221 .. 7221 spent as follows:2/2/2010 10,000.00 to Dominic Marchionda …8324 and spent

as follows:2/2/2010 2,000.00 misc. debit 2/5/2010 3,046.12 Target2/9/2010 6,000.00 Holy Family Future Facilities2/9/2010 1,969.54 Bank of America

The specific transaction is the $10,000.00 check to Dominic and Jackie Marchionda.

FORTY- FIRST COUNT: MONEY LAUNDERING


did conduct or attempt to conduct a transaction, knowing that the property involved in the transaction is the proceeds of some form of unlawful activity by concealing or disguising the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. (City of Youngstown Water Fund monies totaling $1,200,000.00 granted to U.S. Campus Suites LLC, who then transferred $8,080.32 to Dominic Marchianda’s bank account, where money was spent on personal items by Marchionda.) Specifically, once Marchionda stole $1,200,000.00 from the City of Youngstown, the lasts portion of such funds were transferred by Marchionda from U.S. Campus Suites’ account ending in 7221 to his personal bank account ending in 8324 and spent as follows:

8,100.32 balance left in Hunt... 7221

3/9/2010 8090.32 to Dominic Marchionda Acct: …8324 FNB which had an account balance of 203.20 prior to the deposit and spent as follows:

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3/9/2010 343.12 Wfnnb credit card??3/9/2010 66.72 Gap Visa3/9/2010 260.00 Doctor Biscotti Dentist3/10/2010 146.35 Aqua Club3/10/2010 112.95 Mahoning County Sanitary 3/11/2010 25.00 Holy Family Church3/9/2010 42.00 knights???3/9/2010 100.00 Poland High School3/9/2010 11.000 Holy Family School

6,973.15 balance left in Marchionda FNB 8324

The specific transaction is the $8090.32 check to Dominic and Jackie Marchionda.

FORTY-SECOND COUNT: MONEY LAUNDERING

DEFENDANT: DOMINIC MARCHIONDADATE: 03/16/2010 LOCATION: MAHONING COUNTY, OHIOTIME: N/A

did conduct or attempt to conduct a transaction, knowing that the property involved in the transaction is the proceeds of some form of unlawful activity, by concealing or disguising the nature, location, source, ownership, or control of the property in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. (City of Youngstown Water Fund monies totaling $1,200,000.00 granted to U.S. Campus Suites LLC, who then transferred $7,000.00 to Villas Di Tuscany bank account and DJD&C Development dba Tuscany Estates’ bank account, where money was spent on real property taxes.) Specifically, on March 9, 2010, Marchionda transferred $8,090.32 to himself from the Huntington Bank account of U.S. Campus Suites. After he spent about $1,100 dollars of such funds, the balance in his personal account was $6,973.15 made up of mostly City Water Grant Money, as there was only $203.20 in the personal account when the City money was transferred into it. Marchionda, then on March 16, 2010, performed two more transactions as shown below:

3/16/2010 2,000.00 transfer to..4574 Villas Di Tuscany Account spent on real estate tax bill

5,000.00 transferred from …8324 Marchionda to DJD & C account...1215 to pay its real estate tax bill

The specific transaction is the $5,000.00 transaction to the DJD&C account.

CITY OF YOUNGSTOWN FLOAT LOAN MONEY

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The next series of transactions occurred after Dominic Marchionda stole City of Youngstown Float Loan, by converting it to use, not consented to by the City of Youngstown. Float loan money was transferred to U.S. Campus Suites’ Huntington Bank account ending in …4140 , an account different than where the City Water Grant money was deposited. Once in account 4140, Marchionda used it in a way he did not have consent to use it, in violation of R. C. Section 2913.02(a)(2), and transferred the funds to conceal or disguise the nature, location, source, ownership or control of the money.

FORTY-THIRD COUNT: MONEY LAUNDERING


did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. (First installment of City of Youngstown Float Loan monies for the Flats at Wick Project transferred to Rubino Construction, who then transferred $10,000.00 of it to Dominic Marchionda , who spent it on personal items.) Specifically:

9/11/2009 City of Youngstown Wire Deposit: $ 150,000.00 Rubino Construction: $ 25,000.00 Transfer to DJD & C xx1215 $ 1,500.00 Anthem Payment $ 1,371.77 NSF Fee $ 37.00 Pmt to Commercial Loan $ 71.90 Christine Costello $ 525.00 Transfer to Villas Di Tusc xx4574 $ 1,500.00 Christine Costello $ 1,575.00 Dominic Marchionda: $ 10,000.00 Armstrong Cable $ 185.22 Jim & DeaAnne Dille $ 35.20 Marriott Mtg Payment $ 506.00 Macy's $ 113.16 Ohio Ed Bill Pmt $ 751.01 Prudential Ins Premium $ 60.61 Sherry Landes $ 80.00 Paypal eCheck $ 2.95 GMAC Payment $ 696.71 Audra Nezbeth $ 40.00 Holy Family School $ 34.00 Rick Blacksen $ 100.00

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Morgan Bank ACH $ 203.14 GMAC Payment $ 396.48 Prudential Ins Premium $ 900.00 Medicine Place $ 139.72 Bank of America Online Pmt $ 1,000.00 Express Checking $ 8.00 Target $ 751.01 Bank of America Online Pmt $ 250.00 Dr. Anthony Bischoti $ 260.00 Armstrong Cable $ 179.45

Magic Moments $ 10.00 Guzman Photography $ 25.00 Attilio & D… Olivieri $ 50.00 Smart Tuition $ 588.24 Chase Check Pmt $ 802.77 Dominion East Ohio Gas Bill $ 182.41 Diane Johns $ 67.00 YMCA Fall Basketball League $ 44.00 Phil Snyder DDS $ 69.00 Grange Mutual $1,217.00 Poland Family Chiropractors $ 200.00 Old Navy $ 233.65

The specific transaction is the $10,000.00 transaction to Dominic Marchionda and the spending of the money

FORTY-FOURTH COUNT: MONEY LAUNDERING

DEFENDANT: DOMINIC MARCHIONDADATE: 10/27/09 to 10/30/09LOCATION: MAHONING COUNTY, OHIOTIME: N/A

did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree, (Second installment of Float Loan for the Flats at Wick project from the City of Youngstown after the float loan transfer to U.S. Campus Suites LLC, U.S. Campus Suites LLC transferred $15,000.00 to Dominic Marchionda, who spent the money.) Specifically:

10/23/09 City of Youngstown Wire Deposit $ 350,000.00

10/27/09 Dominic Marchionda: $ 15,000.00 10/30/09 Transfer to Villas di Tusc xx4574: $ 1,000.00

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Payment to Comm tax re Var Loan $ 776.08 Anthony Marchionda $ 380.00

The specific transaction is the $1,000.00 transaction to the Villas Di Tuscany.

FORTY-FIFTH COUNT: MONEY LAUNDERING


did conduct or attempt to conduct a transaction, knowing that the property involved in the transaction is the proceeds of some form of unlawful activity, by concealing or disguising the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. (Second installment of Float Loan for the Flats at Wick project from the City of Youngstown, after the Float Loan transfer, $15,000 was transferred to Dominic Marchionda, who then transferred $1,500.00 to DJD&C Development.) Specifically,

10/23/09 City of Youngstown Wire Deposit $ 350,000.00 10/27/09 Dominic Marchionda: $ 15,000.00

10/30/09 Transfer to DJD & C xx1215: $ 1,500.00 Payment to Comm tax re Var Loan $ 74.29 Anthem $ 1,498.00 Payment to Comm tax re Var Loan $ 69.51

The specific transaction is the $1,000.00 transaction to the DJD&C.

FORTY-SIXTH COUNT: MONEY LAUNDERING


did conduct or attempt to conduct a transaction, knowing that the property involved in the transaction is the proceeds of some form of unlawful activity by concealing or disguising the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. The second installment of Float Loan for the Flats at Wick project from the City of Youngstown was transferred to U.S. Campus Suites the installment on October 23, 2009. U.S. Campus Suites transferred $7,500.00 to Dominic Marchionda, who spent the monies on personal items. Specifically, 10/23/09 City of Youngstown Wire Deposit $ 350,000.00

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10/27/09 Dominic Marchionda: $ 7,500.00 BMV $ 114.74 Check payable to Cash $ 750.00 Jim & DeaAnna Dille $ 40.00 Ohio Treasurer Kevin Boyce $ 15.00 Jacqueline Marchionda $ 257.50 Harland Clark Ck Orders $ 42.04 Bill Gearheart $ 250.00 Rich Center for Autism $ 50.00 Marriott MVC Mtg Pmt $ 506.00 Ohio Ed Bill Payment $ 170.33 East Side Marriott $ 100.00 The Poland Touchdown Club $ 60.00 Poland Touchdown Club $ 10.00 Prudential Ins Premium $ 60.61 Rick Blackson $ 100.00 Sam's Club Discover $ 900.00 Nicole Kaseo (spelling?) $ 37.36 Paypal Echeck $ 2.95 GMAC Pmt $ 696.71 Morgan Bank ACH $ 203.14 GMAC Pmt $ 396.48 Prudential Ins Premium $ 900.00 Poland High School $ 100.00 Sherry Landes $ 115.00 Holy Family ….Service (middle illegible) $ 200.00 Check payable to cash $ 35.00 Express Checking $ 8.00 Bank of America Online Payment $ 250.00 Target $ 1,933.60

The specific transaction is the $7,500 transaction to the Dominic Marchionda.

FORTY-SEVENTH COUNT: MONEY LAUNDERING


did conduct or attempt to conduct a transaction, knowing that the property involved in the transaction is the proceeds of some form of unlawful activity by concealing or disguising the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. The Third installment of a Float Loan

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from the City of Youngstown, in the amount of $1,500,000.00, which was transferred to U.S. Campus Suites LLC, who transferred $40,000 Dominic Marchionda, who spent the money on personal items and, also, transferred $1,000.00 transferred to DJM Rental Properties LLC.) Specifically,01/08/10 City of Youngstown Wire Deposit $1,500,000.00

1/11/10 Dominic Marchionda $ 40,000.00 American Express Elec Remit $ 4,974.86 Bank of America Vi/MC Online Payment $ 1,377.59 Bank of America Vi/MC Online Payment $ 20,000.00 1/13/10 Transfer to DJM Rentals xx0737 $ 1,000.00 Payment to Mortgage Adj Loan $ 1,243.65

The specific transaction is the $1,000.00 to DJM Rentals

FORTY-EIGHTH COUNT: MONEY LAUNDERING


did conduct or attempt to conduct a transaction knowing, that the property involved in the transaction is the proceeds of some form of unlawful activity, by concealing or disguising the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. The third installment of Float Loan from City of Youngstown which was provided to U.S. Campus Suites LLC, who transferred a portion of said funds to another U.S. Campus Suites LLC. account ending in ..0259, from that account $50,000 was transferred back to U.S. Campus Suites account ending in 4140, who after it received the $50,000.00 transfer, transferred $25,000.00 to DJM Rental Properties LLC., who then transferred $25,000.00 to Dominic Marchionda. Specifically, the transfer of the $25,000.00 from DJM Rentals’ bank account, conducted by Dominic Marchionda, or at his direction, to Dominic Marchionda’ s bank account as seen below:

01/08/10 City of Youngstown Wire Deposit $ 1,500,000.00

01/11/10 Transfer to US Campus xx0259 $ 1,400,000.00

01/19/10 Transfer from US Campus xx0259 $ 50,000.00

01/26/10 DJM Rental Properties, LLC $ 25,000.00

01/26/10 Dominic Marchionda $ 25,000.00 Dr. Biscandi Orthodontics $ 260.00

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American Express Elec Remit $ 6,968.24 Sherry Landes $ 65.00 Morgan Bank ACH $ 203.14

The specific transaction is the $25,000.00 transaction to Dominic Marchionda from DJM Rentals

FORTY-NINTH COUNT: MONEY LAUNDERING


did conduct or attempt to conduct a transaction, knowing that the property involved in the transaction is the proceeds of some form of unlawful activity, by concealing or disguising the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree The third installment of Float Loan from City of Youngstown which was provided to U.S. Campus Suites LLC, who transferred a portion of said funds to another U.S. Campus Suites LLC. account ending in ..0259, from that account $50,000 was transferred back to U.S. Campus Suites account ending in 4140, who after it received the $50,000.00 transfer, transferred $15,000.00 to Rubino Construction Inc., who then transferred $3,500.00 to Dominic Marchionda’ s personal account, where it is spent on personal expenses and he transferred $1,750.00 to DJD&C Development Company. Specifically, for illustration purposes, the chart below shows how the 1.5 million dollars was transferred into U.S. Campus Suites…4140, how $1,400,000.00 was transferred out, and into U.S. Campus Suites …0259, then transferred back into U.S. Campus Suites …4140, only to be spent as shown below. The specific transaction to this count is the February 26, 2010 transfer to Dominic and Jacqueline Marchionda and the transfer of $1,750 to DJD&C Development, another company Dominic Marchionda owns, controls, or manages.

1/8/2010 8348 City of Youngstown Wire Deposit $ 1,500,000.00

1/11/2010 Transfer to US Campus xx0259 $ 1,400,000.00



2/2/2010 1074 DJM Rental Properties, LLC $ 5,975.00


2/5/2010 American Express Elec Remit $ 12,590.59

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2/5/2010 BMW Card online pmt $ 9,519.97

2/5/2010 Credit card Web Payment $ 7,671.53

2/8/2010 Transfer to US Campus xx0259 $ 400,000.00


2/9/2010 1079 Dominic Marchionda $ 15,000.00

2/9/2010 Bank of America Vi/MC Online Pmt $ 31,969.54

2/9/2010 1080 Rubino Construction $ 15,000.00

2/9/2010 NSF Fee $ 37.00

2/12/2010 Ohio CAT Tax $ 65.00

2/23/2010 1st Nat'l Bank of Omaha $ 488.00

2/26/2010 Service Charge $ 2.94

2/26/2010 6044 First Place Financial $ 886.00

2/26/2010 Transfer to Dom & Jacq 8324 $ 3,500.00

3/1/2010 JP Morgan Bank ACH $ 203.14 3/1/2010 GMAC Pmt $ 396.48 3/1/2010 Transfer to DJD & C xx1215 $ 1,750.00 3/1/2010 Pmt to Comm Tax $ 67.10 3/1/2010 Anthem $ 1,856.92 3/3/2010 3414 Steve Woodberry Ra…(sp?) $ 15.00 3/3/2010 3415 Zachary David Allen $ 100.00 3/3/2010 Prudential Ins Premium $ 900.00 3/1/2010 Pmt to Comm Loc re Due D Loan $ 246.41

2/9/2010 Credit Card Elect Pymt $ 7,684.85

The specific transaction is the $$3,500.00 on 2/26/10 and then the Transfer to DJD & C.

FIFTIETH COUNT: MONEY LAUNDERING

DEFENDANT: DOMINIC MARCHIONDADATE: 03/03/2010 LOCATION: MAHONING COUNTY, OHIO

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TIME: N/Adid conduct or attempt to conduct a transaction knowing, that the property involved in the transaction is the proceeds of some form of unlawful activity, by concealing or disguising the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. The third installment of the Float Loan from City of Youngstown which was provided to U.S. Campus Suites LLC, who transferred $10,000 to Rubino Construction Inc., who transferred $3,000.00 to Villas Di Tuscany LLC.) Specifically, after another $50,000.00 was transferred into …4140, from ..0259, the following transfers occurred:


3/3/2010 1085 Rubino Construction $ 10,000.00 3/5/2010 Transfer to Villas di Tuscany xx4574 $ 3,000.00

The specific transaction is the $3,000.00 transaction to the Villas Di Tuscany

FIFTY-FIRST COUNT: MONEY LAUNDERING


did conduct or attempt to conduct a transaction, knowing that the property involved in the transaction is the proceeds of some form of unlawful activity by concealing or disguising the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. A City of Youngstown Float loan of which $450,000 went to U.S. Campus Suits, U.S. Campus Suites then transferred $10,000.00 to Dominic Marchionda. Specifically,

1/8/2010 8348 City of Youngstown Wire Deposit $1,500,000.00

1/11/2010 Transfer to US Campus xx0259 $1,400,000.00 2/10/2010 Transfer from US Campus xx0259 $ 400,000.00


3/3/2010 1089 Dominic Marchionda $ 10,000.00

3/4/2010 3417 Dollar Bank $ 5,000.00 3/5/2010 3433 Pine Hollow Springs $ 53.04 3/5/2010 3435 Sherry Landis $ 140.00 3/5/2010 3420 Ohio Ed Bill Pmt $ 207.05

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3/5/2010 Express Checking $ 8.00 3/8/2010 3418 Medicine Place $ 42.95 3/8/2010 3419 Jim & DeAnna Dille $ 40.00 3/8/2010 3426 Armstrong Cable $ 185.94 3/8/2010 3427 First Place Bank $ 64.05 3/8/2010 3431 Sue Trebilcach $ 119.00 3/8/2010 3436 Audra Nezbeth $ 38.00 3/8/2010 Bank of America Online Pmt $ 250.00 3/8/2010 Barclaycard US CreditCard $ 1,810.37

3/8/2010 3423 Target $ 2,168.76

The specific transaction is the $10,000.00 transaction to Dominic Marchionda

FIFTY-SECOND COUNT: MONEY LAUNDERING


did conduct or attempt to conduct a transaction, knowing that the property involved in the transaction is the proceeds of some form of unlawful activity, by concealing or disguising the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. The City of Youngstown’s third installment of a Float loan which was transferred to U.S. Campus Suites LLC, which $450,000 was transferred to U.S. Campus Suits LLC, who then transferred $15,000.00 to Dominic Marchionda, who spent the money on personal items. Specifically,

1/8/2010 8348 City of Youngstown Wire Deposit $ 1,500,000.00

1/11/2010 Transfer to US Campus xx0259 $ 1,400,000.00 2/10/2010 Transfer from US Campus xx0259 $ 400,000.00


3/16/2010 1094 Dominic Marchionda $ 15,000.00 3/17/2010 American Express Elec Remit $ 3,130.58 3/22/2010 Marriott MVC Mtg Pmt $ 506.00 3/23/2010 Prudential Ins Prem $ 60.61 3/23/2010 Bank of American Online Pmt $ 377.00 3/23/2010 Bk of Am Crd ACH $ 377.00 3/23/2010 3448 Dom E Ohio Gas $ 589.57 3/23/2010 3454 Ohio Ed Bill Pmt $ 201.61 3/24/2010 3422 Ohio Treasurer of State $ 84.87 3/24/2010 3453 Sue Trebilcach $ 50.00

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3/24/2010 3455 Aqua Ohio $ 61.85 3/24/2010 3456 Mahoning County San Eng $ 52.19 3/24/2010 3459 Holy Family School $ 14.00 3/24/2010 3452 Macy's Payment $ 74.04 3/25/2010 3442 Pat & Stephanie Marchionda $ 150.00 3/25/2010 3444 Mahoning County Treasurer $ 5,293.97 3/25/2010 3445 DCA $ 25.00 3/25/2010 3447 Poland Medical Center $ 25.00 3/25/2010 3450 Poland Swim Club $ 110.00 3/25/2010 PayPal eCheck $ 2.95 3/26/2010 3446 Holy Family Home & School Alliance $ 105.00 3/26/2010 3449 Phil J. Snyder DDS $ 168.00 3/26/2010 3457 Sam's Club $ 1,437.54 3/29/2010 3477 Sciortino for Auditor $ 200.00 3/29/2010 Morgan Bank ACH $ 203.14 3/30/2010 3440 Vince Rickburn $ 200.00 3/30/2010 3458 Rick Blackson $ 22.00 3/30/2010 GMAC Pmt $ 396.48 3/31/2010 3460 Holy Family School $ 312.65 3/31/2010 3463 Sherry Landis $ 105.00 4/1/2010 Prudential Ins Premium $ 900.00

The transaction this count pertains to is the 3/16/10 transfer to Dominic Marchionda by Dominic Marchionda of $15,000.00

ERIE TERMINAL TRANSACTIONSGENERALLY

The Erie Terminal Place LLC transactions that are charged as money laundering were conducted like the Flats at Wick transactions. Money was wired or transferred from the City of Youngtown Float Loan program or pursuant to a Water Utility Grant to the Erie Terminal LLC bank account. Once stolen by Marchionda, either by Deception or by using it Beyond the Scope of the Consent of the City of Youngstown, money was transferred by Dominic Marchionda, or someone acting on his behalf, to him or to one of the companies he owns, controls, or manages. The money was then spent.

U.S. Campus Suites LLC was the developer of the Erie Terminal Project. Rubino Construction was a General Contractor on the project. Historical tax credits were awarded by the Federal and State government on this project. The higher the cost of the project the more tax credits Marchionda, or one of his companies, can get, which provides an incentive to falsely elevate the cost of the project which was done by Marchionda for both this project and the Wick Tower project discussed below.

Dominic Marchionda is the person conducting all transactions or they are being conducted at his request and/or on behalf of him.

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FIFTY-THIRD COUNT: MONEY LAUNDERING

DEFENDANT: DOMINIC MARCHIONDA, RUBINO CONSTRUCTION INC., U.S. CAMPUS SUITES LLCDATE: 10/24/2011 LOCATION: MAHONING COUNTY, OHIOTIME: N/A

did conduct or attempt to conduct a transaction, knowing that the property involved in the transaction is the proceeds of some form of unlawful activity, by concealing or disguising the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. A City of Youngstown Float Loan Draw #1 in the amount of $1,000,00.00 was transferred to Erie Terminal Place LLC, then from Erie Terminal $149,843.50 is transferred to Rubino Construction, then Rubino Construction transferred $20,000.00 to U.S. Campus Suites LLC, who used the money to make a loan payment to Key Bank on the loan U.S. Campus Suites had with Key bank as described in this Bill of Particulars. Specifically, City of Youngstown $1,000,000.00

Rubino Construction $ 149,843.50

Erie Terminal $ 35,000.00 Transfer to US Campus xx7422 $ 20,000.00 Key Bank $ 29,949.36

The specific transaction is the $20,000.00 to U.S. Campus Suites

FIFTY-FOURTH COUNT: MONEY LAUNDERING

DEFENDANT: DOMINIC MARCHIONDA, RUBINO CONSTRUCTION INC., U.S. CAMPUS SUITES LLCDATE: 10/28/11LOCATION: MAHONING COUNTY, OHIOTIME: N/A

did conduct or attempt to conduct a transaction knowing, that the property involved in the transaction is the proceeds of some form of unlawful activity, by concealing or disguising the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. A City of Youngstown Float Loan Draw #1 in the amount of $1,000,00,000 was transferred to Erie Terminal Place LLC, then a transfer to Rubino Construction in the amount of $149,843.50, then Rubino Construction transferred $5,000.00 to U.S. Campus Suites LLC). Specifically,

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10/07/2011 City of Youngstown $1,000,000.00 10/21/2011 Rubino Construction $ 149,843.50 10/28/2011 Transfer to US Campus 422 $ 5,000.00 10/31/2011 Bishop Nevels $ 4,200.00 10/31/2011 US Campus Payroll $ 2,368.28

The $5,000.00 transfer from Rubino to U.S. Campus suites was used to make payroll for U.S. Campus Suites and to make a payment to the person, whom Dominic Marchionda bought land where the Flats at Wick was built.

FIFTY-FIFTH COUNT: MONEY LAUNDERING

DEFENDANT: DOMINIC MARCHIONDA, RUBINO CONSTRUCTION INC., U.S. CAMPUS SUITES LLCDATE: 11/22/2011LOCATION: MAHONING COUNTY, OHIOTIME: N/A

did conduct or attempt to conduct a transaction, knowing that the property involved in the transaction is the proceeds of some form of unlawful activity, by concealing or disguising the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. A City of Youngstown Float Loan Draw #1 in the amount of $1,000,000.00 was transferred to Erie Terminal Place LLC, then a transfer in the amount of $195,195.00 to Rubino Construction, who on 11/22/11 transferred $35,000.00 to U.S. Campus Suites so that its bills could be paid, including the aforementioned Key Bank Loan payment. Through this web weaved by Dominic Marchionda, the permanent loan Marchionda/U.S. Campus Suites LLC has with Key Bank, which includes a $2,000,000.00 refinanced City Float loan for the Flats at Wick Project, is receiving a payment from a Float Loan for the Erie Terminal Project. City money is being used to repay city money. Specifically,

10/07/2011 Transfer from the City of Youngstown: $1,000,000.00

11/08/2011 Transfer to Rubino f/US Campus Suites: $ 195,195.00

11/22/2011 Transfer to US Campus xx7422: $ 35,000.00 11/22/2011 1572 Tyler Dubina $ 100.00 11/22/2011 1581 Ben Adovado $ 400.00 11/23/2011 1657 Penguin Club $ 200.00 11/25/2011 1549 Ahmad Aishmad $ 400.00 11/25/2011 1580 Coca-Cola $ 241.54 11/25/2011 1582 Dollar Bank Leasing $ 497.96 11/25/2011 1664 Cardinal Mooney FB $ 275.00

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11/28/2011 1577 Amitha Dhingers $ 350.00 11/28/2011 1583 Key Bank $ 29,949.36 11/29/2011 1584 Pfau, Pfau Marando $ 396.00 12/2/2011 US Campus Payroll $ 2,428.28

The specific transaction is the $35,000.00 transaction to U.S. Campus Suites.

FIFTY-SIXTH COUNT: MONEY LAUNDERING

DEFENDANT: DOMINIC MARCHIONDA, RUBINO CONSTRUCTION INC., DATE: 10/12/2011LOCATION: MAHONING COUNTY, OHIOTIME: N/A

did conduct or attempt to conduct a transaction, knowing that the property involved in the transaction is the proceeds of some form of unlawful activity, by concealing or disguising the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. A City of Youngstown Float Loan Draw #1 in the amount of $1,000,000.00 was transferred to Erie Terminal Place, who transferred $15,000.00 to Rubino Construction, who transferred $8,000.00 to Dominic Marchionda, who spent money on personal items. Specifically,

10/07/11 City of Youngstown $1,000,000.00

10/11/11 Rubino Construction $ 15,000.00

10/12/11 Transfer to Dominic/Jackie Marchionda …8324: $ 8,000.00 Poland Athletics $ 46.00 Trolio (sp?) $ 21.35 Sherry Landis $ 130.00 Ally Payment $ 1,058.28 Target Nat'l Bank Bill Pay $ 2,609.81 East Ohio Gas Pmt $ 107.89 Pine Hollow Springs $ 55.54 Mi… Titus $ 240.00 Prudential Insurance Pmt $ 60.61 GAP Visa ePay $ 89.85 Smart Tuition $ 650.75 The Medicine Place $ 73.01 Dollar Bank Acct xx5773: $ 2,000.00 Loan Payment $ 1,743.72 Chase Loans $ 350.78

Sam’s Club DIL ePay $ 1,290.87

The specific transaction is the $8,000.00 transaction to the Dominic Marchionda

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FIFTY-SEVENTH COUNT: MONEY LAUNDERING


did conduct or attempt to conduct a transaction, knowing that the property involved in the transaction is the proceeds of some form of unlawful activity, by concealing or disguising the nature, location, source, ownership, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. A City of Youngstown Float Loan Draw #1 in the amount of $1,000,000.00 was transferred to Erie Terminal Place, who transferred $195.195.00 to Rubino Construction, who transferred $20,000.00 to Dominic Marchionda, who spent money on personal items.) Specifically,


11/08/2011 Transfer to Rubino f/US Campus Suites $ 195,195.00

11/16/2011 Dom/Jacq Marchionda xx8324 $ 20,000.00 11/16/2011 Cash W/D Slip $ 17,500.00 11/16/2011 East Ohio Gas $ 114.50 11/16/2011 Bank of America $ 136.98 11/18/2011 3994 Audra Nezbeth $ 85.00 11/18/2011 4001 Dollar Bank $ 2,000.00 11/18/2011 4003 Poland Family Chiro $ 25.00 11/21/2011 4007 Michelle Titus $ 240.00


FIFTY-EIGHTH COUNT: MONEY LAUNDERING

DEFENDANT: DOMINIC MARCHIONDA, RUBINO CONSTRUCTION INC., DATE: 12/01/11 LOCATION: MAHONING COUNTY, OHIOTIME: N/A

did conduct or attempt to conduct a transaction, knowing that the property involved in the transaction is the proceeds of some form of unlawful activity, by concealing or disguising the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. A City of Youngstown Float Loan Draw #1 in the amount of $1,000,000.00 which was transferred to Erie Terminal Place, who transferred $195.195.00 to Rubino Construction, who transferred $10,000.00 to Dominic Marchionda, who spent money on personal items. Specifically,

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11/08/2011 Transfer to Rubino f/US Campus Suites $ 195,195.00

12/1/2011 Transfer to Dom/Jac xx8324 $ 10,000.00 12/1/2011 Prudential Ins Pmt $ 900.00 12/1/2011 Allstate Ins Pmt $ 662.15 12/1/2011 4013 Armstrong Cable $ 217.75 12/2/2011 4010 Mahoning Co Sanit. $ 86.77 12/2/2011 4011 Aqua Ohio $ 97.33 12/2/2011 4012 Dr. Gerald Sevachko $ 25.00 12/2/2011 4015 Poland Yearbook $ 60.00 12/5/2011 4016 Michelle Titus $ 120.00 12/5/2011 Dillard’s CC Pmt $ 409.13 12/5/2011 Nordstrom Pmt $ 1,824.11 12/5/2011 Amex Pmt $ 3,314.07 12/6/2011 4017 Calla's $ 20.00 12/6/2011 4018 Audra Nezbeth $ 15.00 12/6/2011 Macy's Pmt $ 257.27 12/8/2011 Target Bill Pay $ 2,556.10


FIFTY-NINTH COUNT: MONEY LAUNDERING


did conduct or attempt to conduct a transaction, knowing that the property involved in the transaction is the proceeds of some form of unlawful activity, by concealing or disguising the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. A City of Youngstown Float Loan Draw #2 in the amount of $1,000,000.00 was transferred to Erie Terminal Place, who transferred to B&B Contractors and Developers $436,945.59 , who then transferred $349,942.53 to Rubino Construction, who transferred $20,000.00 to Dominic Marchionda, who spent money on personal items. Specifically, 12/16/2011 City of Youngstown $ 1,000,000.00 12/29/2011 1076 B & B Contractors $ 436,945.59 12/27/2011 43704 Rubino Construction $ 349,942.53

1/3/2012 Transfer to Dom/Jackie Marchionda …8324 $ 20,000.00

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1/3/2012 4021 Marriott East $ 100.00 1/3/2012 4036 Michele Titus $ 120.00 1/3/2012 4042 Dominic Marchionda $ 1,555.00 1/3/2012 Prudential Ins Prem $ 900.00 1/3/2012 Nordstrom Pmt $ 3,290.67 1/5/2012 Dillard’s CC Pm $ 274.72 1/6/2012 4038 Holy Family Parish $ 4,000.00 1/6/2012 4039 Sherry Landis $ 170.00 1/9/2012 4037 Alice's Dress Making $ 16.01 1/9/2012 Target Bill Pay $ 3,389.12 1/12/2012 Ally Payment $ 1,058.28 1/17/2012 4041 Kurt Storle $ 65.00 1/17/2012 4045 Poland High School $ 100.00 1/17/2012 4046 Michele Titus $ 360.00 1/18/2012 Bank of America $ 94.56 1/19/2012 4044 Amy Farber $ 110.00 1/19/2012 4047 Amy Farber $ 55.00 1/19/2012 GAP Visa $ 178.45 1/20/2012 4048 Dollar Bank $ 2,000.00 1/20/2012 4049 Holy Family Church $ 50.00 1/20/2012 4060 JJLS $ 850.00 1/20/2012 East Ohio Gas $ 271.32 1/23/2012 4050 L & R Estate Maint. $ 475.04 1/23/2012 4051 Pine Hollow Springs $ 68.58 1/23/2012 4052 Mahoning Co Sanit. $ 78.37 1/23/2012 4053 Aqua Ohio $ 93.77 1/23/2012 4054 Coventry Lighting $ 249.06 1/23/2012 4058 Pathology Consult.. $ 45.42 1/23/2012 Prudential Ins $ 60.61 1/23/2012 4056 Allied Waste $ 95.93


SIXTIETH COUNT: MONEY LAUNDERING


did conduct or attempt to conduct a transaction, knowing that the property involved in the transaction is the proceeds of some form of unlawful activity, by concealing or disguising the nature, location, source, ownership, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree, against the peace and dignity of the State of Ohio. A City of

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Youngstown Float Loan Draw #2 in the amount of $1,000,000.00 was transferred to Erie Terminal Place, who transferred $436,954.59 to B&B Contractors and Developers, $349,942.53 to Rubino Construction, who transferred $8,000.00 to Dominic Marchionda, who applied the money towards his American Express bill. Specifically,

12/16/2011 City of Youngstown $1,000,000.00 12/29/2011 1076 B & B Contractors $ 436,945.59 12/27/2011 43704 Rubino Construction $ 349,942.53 1/30/2012 Transfer to Dom/Jacq xx8324 $ 8,000.00 1/30/2012 Amex $ 24,948.82


SIXTY-FIRST COUNT: MONEY LAUNDERING


did conduct or attempt to conduct a transaction, knowing that the property involved in the transaction is the proceeds of some form of unlawful activity, by concealing or disguising the nature, location, source, ownership, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree, against the peace and dignity of the State of Ohio. A City of Youngstown Float Loan Draw #2 in the amount of $1,000,000.00 was transferred to Erie Terminal Place, who transferred $436,945.59 to B & B Contractors, who transferred $349,942.53 to Rubino Construction, who transferred $15,000.00 to Dominic Marchionda, who spent money on personal items.

12/16/2011 City of Youngstown $1,000,000.00 12/29/2011 1076 B & B Contractors $ 436,945.59 12/27/2011 43704 Rubino Construction $ 349,942.53 2/8/2012 Transfer to Dom/Jacq xx8324 $ 15,000.00 2/8/2012 Target Bill Pay $ 2,307.03 2/9/2012 4068 Pine Hollow Springs $ 18.54 2/9/2012 4075 Ankle & Foot Care $ 25.00 2/9/2012 4078 Sherry Landis $ 140.00 2/10/2012 4073 Armstrong Cable $ 476.27 2/10/2012 4074 The Medicine Place $ 80.10 2/10/2012 4077 Sue Trebelach (sp?) $ 38.00 2/10/2012 4079 Dan Santelli $ 2,280.50 2/13/2012 4069 Smart Tuition $ 650.75 2/13/2012 4071 Aqua Ohio $ 202.50 2/13/2012 4072 Mahoning Co Sanit. $ 171.56

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2/13/2012 Ally Pmt $ 1,058.28 2/14/2012 4082 Michele Titus $ 120.00 2/15/2012 4070 Jim & Deanna Dille $ 45.00 2/17/2012 Transfer to Villas xx4574 $ 2,835.00 2/21/2012 4085 Palmetto Roundtable $ 2,000.00 2/21/2012 Ohio Edison $ 295.27 2/21/2012 East Ohio Gas $ 383.32 2/22/2012 4083 Committee to Elect Pishkur $ 300.00 2/22/2012 4086 Deanna Colella $ 47.00 2/23/2012 4087 Dollar Bank $ 2,000.00


SIXTY-SECOND COUNT: MONEY LAUNDERING


did conduct or attempt to conduct a transaction, knowing that the property involved in the transaction is the proceeds of some form of unlawful activity, by concealing or disguising the nature, location, source, ownership, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. Specifically, a City of Youngstown first Water Utility Grant from the Water Utility Fund in amount of $350,000.00 was provided to Erie Terminal Llc. After this money was wired to the Erie Terminal Bank account an additional $163,265,24 was deposited into the same account. From that sum, $573,146.02 was transferred to B& B Contractors and Developers, who transferred $264,022 Rubino Construction, who transferred $5,000.00 to Dominic Marchionda, who spent money on personal items and transferred $6,500.00 to Villas Di Tuscany LLC, who spent the funds on items not related to the Erie Terminal project such as bounced check fees, and other matters.

2/29/2012 City of Youngstown wire into Erie Terminal acct: $ 350,000.00

3/13/2012 DDA Misc. Credit $ 163,265.24

3/13/2012 Transfer to B & B Contractors: $ 573,146.02

3/13/2012 Rubino Construction: $ 264,022.80

3/13/2012 Transfer to Dom & Jacq…8324: $ 5,000.00 3/13/2012 4106 Pfau Pfau Marando $ 5,158.86


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SIXTY-THIRD COUNT: MONEY LAUNDERING


did conduct or attempt to conduct a transaction, knowing that the property involved in the transaction is the proceeds of some form of unlawful activity, by concealing or disguising the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. Specifically, a City of Youngstown second Water Utility Grant from the Water Utility Fund in amount of $220,000.00. $220,000 was transferred to Rubino Construction, who transferred $50,000.00 to Dominic Marchionda, who spent money on personal items as seen below:

2/1/2013 18150 City of Youngstown: $ 220,000.00

2/3/2013 Transfer to Rubino Account xx142: $ 220,000.00

2/3/2013 Transfer to Dom/Jackie xx8324 $ 50,000.00 2/3/2013 Transfer to Dom/Jackie xx8324: $ 50,000.00 2/4/2013 4361 Pfau, Pfau Marando IOLTA $ 200,000.00


SIXTY-FOURTH COUNT: MONEY LAUNDERING


did conduct or attempt to conduct a transaction, knowing that the property involved in the transaction is the proceeds of some form of unlawful activity, by concealing or disguising the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. Specifically, a City of Youngstown second Water Utility Grant from the Water Utility Fund in amount of $220,000.00 was provided to Erie Terminal Llc. $220,000 was then transferred to Rubino Construction by Erie Terminal LLC , who transferred $50,000.00 to Dominic Marchionda, who spent money on personal items or items not related to the purpose of the Water Utility Grant as seen below:

2/1/2013 18150 City of Youngstown to Erie Terminal Llc: $ 220,000.00

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2/3/2013 Transfer to Rubino Account xx1421: $ 220,000.00

2/3/2013 Transfer to Dom/ Jackie xx8324 $ 50,000.00 2/3/2013 Transfer to Dom/ Jackie xx8324 $ 50,000.00 2/4/2013 4361 Pfau, Pfau Marando IOLTA $ 200,000.00

This transaction is the second $50,000.00 transfer. Count Sixty Three is the first $50,000.00 transaction.

SIXTY-FIFTH COUNT: MONEY LAUNDERING


did conduct or attempt to conduct a transaction, knowing that the property involved in the transaction is the proceeds of some form of unlawful activity, by concealing or disguising the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. Specifically, from the second draw from the City of Youngstown Float loan for the Erie Terminal Project, $436,945.59 was transferred to B & B Contractors and Developers From Erie Terminal Place LLC., who transferred $349,942.53 to Rubino Construction, who transferred $2,500.00 to DJD&C Development Company on January 3, 2012 as seen below:

12/16/2011 City of Youngstown: $1,000,000.00

12/29/2011 1076 B & B Contractors: $ 436,945.59

12/27/2011 43704 Rubino Construction: $ 349,942.53

1/3/2012 Transfer to Villas xx4574: $ 2,500.00

1/3/2012 Pmt to Comm Loan $ 2,835.04

The specific transaction is the $2,500.00 transaction to the Villas

SIXTY-SIXTH COUNT: MONEY LAUNDERING

DEFENDANT: DOMINIC MARCHIONDA, RUBINO CONSTRUCTION INC., AND VILLAS DI TUSCANY LLCDATE: 10/12/2011LOCATION: MAHONING COUNTY, OHIOTIME: N/A

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did conduct or attempt to conduct a transaction, knowing that the property involved in the transaction is the proceeds of some form of unlawful activity, by concealing or disguising the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. Specifically, this transaction is sourced from the First City of Youngtown Float Loan to Erie Terminal Place LLC. From the first draw of the City of Youngstown float money of $1,000,000.00, $15,000.00 was transferred to Rubino Construction, who transferred $4,500.00 to the Villas Di Tuscany LLC. as seen below: 10/7/2011 City of Youngstown: $1,000,000.00

10/11/2011 1062 Rubino Construction: $ 15,000.00

10/12/2011 Transfer to Villas Di Tuscany xx4574: $ 4,500.00

10/12/2011 458 Round Table LLC $ 2,000.00 10/27/2011 Pmt to Comm Tax Re: Var Loan $ 3,106.36

The charge here relates to the 10/12/11 transfer in the amount of $4,500.00.

SIXTH-SEVENTH COUNT: MONEY LAUNDERING

DEFENDANT: DOMINIC MARCHIONDA, RUBINO CONSTRUCTION INC., AND VILLAS DI TUSCANY LLCDATE: 12/01//2011 LOCATION: MAHONING COUNTY, OHIO

did conduct or attempt to conduct a transaction, knowing that the property involved in the transaction is the proceeds of some form of unlawful activity, by concealing or disguising the nature, location, source, ownership, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. Specifically, the transaction is sourced from the first draw of the City of Youngstown float loan in the amount of $1,000,000.00 of which $195,195.00 was transferred to Rubino Construction, who transferred $3,000.00 to the Villas Di Tuscany LLC., as seen below:


11/8/2011 Transfer to Rubino: $ 195,195.00

12/1/2011 Transfer to Villas di Tusc xx4574 $ 3,000.00 12/1/2011 Pmt to Comm Tax $ 2,808.03

This count is the December 1, 2011 $3,000.00 transaction to the Villas Di Tuscany.

SIXTY- EIGHTH COUNT: MONEY LAUNDERING

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DEFENDANT: DOMINIC MARCHIONDA, RUBINO CONSTRUCTION INC., AND VILLAS DI TUSCANY LLCDATE: 01/03/2012LOCATION: MAHONING COUNTY, OHIO

did conduct or attempt to conduct a transaction, knowing that the property involved in the transaction is the proceeds of some form of unlawful activity, by concealing or disguising the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. Specifically, this transaction is sourced from the second draw of the City of Youngstown float money of $1,000,000.00 of which $436,945.59 was transferred to B&B Contractors and Developers, who then transferred $349,942.53 to Rubino Construction, who transferred $2,500.00 to the Villas Di Tuscany LLC. This count relates to the $2,500.00 transfer to Villas Di Tuscany who used the money for its debt as seen below:12/16/2011 City of Youngstown: $1,000,000.00

12/29/2011 B & B Contractors : $ 436,945.59


1/3/2012 Transfer to Villas xx4574: $ 2,500.00 1/3/2012 Pmt to Comm Loan $ 2,835.04

The specific transaction is the $2,500.00 transaction to the Villas

SIXTY-NINTH COUNT: MONEY LAUNDERING


did conduct or attempt to conduct a transaction, knowing that the property involved in the transaction is the proceeds of some form of unlawful activity, by concealing or disguising the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. This transaction is sourced from the second draw of the City of Youngstown float money in the amount of $1,000,000.00 of which $436,945.59 was transferred to B&B Contractors and Developers, who transferred 349,942.53 to Rubino Construction, who transferred $2,000.00 to the Villas Di Tuscany LLC. , as seen below:


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12/29/2011 B & B Contractors: $ 436,945.59

12/27/2011 Rubino Construction: $ 349,942.531/10/2012 Transfer to Villas xx4574 $ 2,000.00 1/10/2012 Palmetto Bluffs $ 2,000.00

This count pertains to the $2,000.00 transfer to Villas on January 10, 2012

SEVENTIETH COUNT MONEY LAUNDERING


did conduct or attempt to conduct a transaction, knowing that the property involved in the transaction is the proceeds of some form of unlawful activity, by concealing or disguising the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. Specifically, this transaction originated from the first Water Utility Grant from the City of Youngstown in the amount of $350,000.00 to Erie Terminal Place LLC., after Erie received the funds $264,028 was transferred to Rubino Construction Inc., who transferred $6,500.00 to Villas Di Tuscany LLC. as seen below:

2/29/2012 City of Youngstown: $ 350,000.00

3/13/2012 DDA Misc. Credit: $ 163,265.24

3/13/2012 Transfer to B & B Contractors: $ 573,146.02


3/16/2012 Transfer to Villas di Tusc xx4574: $ 6,500.00 3/15/2012 Roundtable LLC $ 2,000.00 3/16/2012 NSF Fee $ 37.00 3/16/2012 Pmt to Var Loan $ 2,829.61

This count pertains to the $6,500.00 transaction on 3/16/12 to Villas.

WICK TOWER MONEY LAUNDERING COUNTS

The Money Laundering Counts contained in the following charges relate to transactions quarterbacked by Dominic Marchionda. As with the Flats at Wick and Erie Terminal Place transactions Dominic Marchionda either made these transactions, or caused them to be

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made or had them made on his behalf for himself and the companies named in these counts that follow. This matter is still under investigation. Money is usually wired into the Wick Properties bank account ending in 0927 and transferred to Rubino Construction who transfers it again. The proceeds of unlawful activity, means the proceeds of Theft, and/or Tampering With Records. Money comes into the Wick Properties Llc account from the City of Youngstown and the State of Ohio.

SEVENTY-FIRST COUNT: MONEY LAUNDERING, CITY OF YOUNGSTOWN FLOAT LOAN

DEFENDANTS: DOMINIC MARCHIONDA, AND WICK PROPERTIES LLC.,LOCATION: MAHONING COUNTYDATE: 09/02/2014TIME: N/A

did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. The transaction herein originated with the first draw on the Float Loan from the City of Youngtown in amount of $1,170,950.00 to Wick Properties Llc., who $16,000.00 to Youngstown Acquisition Holdings Llc as follows:

8/22/2014 30734 City of Youngstown deposit into Wick Properties $1,170,950.00

9/2/2014 Transfer to Y'town Acquisition Holdings xx0909 $ 16,000.00 9/2/2014 NSF/Funds Unavailable Fee $ 37.00

9/3/2014 Chase AutoPay $ 253.01

9/5/2014 1426 Y” 1st Nat'l Holdings xx8673 $ 676.00

9/5/2014 1644 Youngstown Water Dept. $ 1,604.49 9/8/2014 1433 Tyco Integrated Security $ 288.76

9/9/2014 1427 AT & T $ 113.16

9/9/2014 1430 Dominion East Ohio $ 51.96

9/10/2014 1431 S & S Elevator Company $ 138.00

9/10/2014 1428 Cincinnati Insurance $ 25.00

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9/12/2014 1436 *** NYO Property Group LLC $ 1,000.00

9/12/2014 NYO Property Gro Payroll $ 8,564.36 The specific transaction is the $1,000.00 transaction from Y’town Acquisitions Holdings to NYO Property Group used for NYO’ s payroll.

SEVENTY-SECOND COUNT: MONEY LAUNDERING, CITY OF YOUNGSTOWN FLOAT LOAN

DEFENDANTS: DOMINIC MARCHIONDA, AND WICK PROPERTIES LLC.,LOCATION: MAHONING COUNTYDATE: 09/16/2014 TIME: N/A

did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. These transactions originated with the first draw on the Float Loan from the City of Youngtown in amount of $1,170,950.00 to Wick Properties Llc., who transferred $15,000.00 to Youngstown First National Holdings Llc as show below: 8/22/2014 30734 City of Youngstown deposit: $ 1,170,950.009/2/2014 Transfer to Y'town Acquisition Holdings xx0909: $ 16,000.00

9/2/2014 NSF/Funds Unavailable Fee $ 37.00 9/3/2014 Chase AutoPay $ 253.01

9/5/2014 1426 Youngstown 1st Nat'l Holdings xx8673 $ 676.00 9/5/2014 1644 Youngstown Water Dept. $ 1,604.49 9/8/2014 1433 Tyco Integrated Security $ 288.76

9/9/2014 1427 AT & T $ 113.16


9/10/2014 1431 S & S Elevator Company $ 138.00

9/10/2014 1428 Cincinnati Insurance $ 25.00

9/12/2014 1436 NYO Property Group LLC: $ 1,000.00 9/12/2014 NYO Property Gro Payroll $ 8,564.36 9/15/2014 1434 Dubyak Connick Sammon $ 598.00 9/15/2014 1432 Ohio Treasurer of State $ 247.25

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9/22/2014 1441 Ohio Edison $ 1,761.70

9/23/2014 1442 Youngstown Stambaugh Parking $ 70.00

9/24/2014 1437 AT & T $ 113.16


The specific transaction is the $1,000.00 transaction from Y’town Acquisitions Holdings to NYO Property Group used for NYO’ s payroll.

SEVENTY-THIRD COUNT: MONEY LAUNDERING, CITY OF YOUNGSTOWN FLOAT LOAN


did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the nature, location, source, ownership, or control of the property or the intent to avoid a transaction reporting requirement under Section 1315.53 of the Revised Code or federal law, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. This transaction originated with the first draw on the Float Loan from the City of Youngtown in amount of $1,170,950.00 to Wick Properties Llc., who transferred $25,000.00 to Youngstown Stambaugh Holdings Llc who used the money to pay for a fee for the Stambaugh Hotel.

8/22/2014 City of Youngstown deposit $ 1,170,950.00 9/25/2014 Youngstown Stambaugh Holdings: $ 25,000.00 $ (24,900.00) 9/23/2014 Ohio Development Services Agency $ 25,000.00

This transaction is an example of using City of Youngstown Float Loan money for the Hotel Project and not the intended use—The Wick Tower. There are more than one of these occurrences and more are being investigated. The Specific transaction is the $25,000.00 transfer to the Ohio Development Services Agency.

SEVENTY-FOURTH COUNT: MONEY LAUNDERING, CITY OF YOUNGSTOWN FLOAT LOAN

DEFENDANTS: DOMINIC MARCHIONDA, AND WICK PROPERTIES LLC.,

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LOCATION: MAHONING COUNTYDATE: 12/22//2014 TIME: N/A

did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the nature, location, source, ownership, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. This Transaction originated with the first draw on the Float Loan from the City of Youngtown in amount of $1,170,950.00 to Wick Properties Llc., who transferred $80,000.00 to Youngstown Stambaugh Holdings Llc who used the money to pay a fee relating to the Hotel project, namely a fee Hilton had as seen below:

8/22/2014 City of Youngstown deposit $ 1,170,950.0012/22/2014 Youngstown Stambaugh Holdings, LLC: $ 80,000.00 12/19/2014 Ohio Edison $ 117.13 12/19/2014 Youngstown Water Department $ 44.18 1/13/2015 Long EDA $ 5,000.00 1/14/2015 Youngstown Water Department $ 236.48 1/29/2015 Hilton Worldwide $ 75,000.00

This transaction is an example of using City of Youngstown Float Loan money for the Stambaugh Hotel Project and not the intended use—The Wick Tower. This is example of driving up the cost of the Wick Tower project. There are more than one of these occurrences and more are being investigated. The Specific transaction is the $75,000.00 transfer to Hilton Worldwide.

SEVENTY-FIFTH COUNT: MONEY LAUNDERING, CITY OF YOUNGSTOWN FLOAT LOAN


did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the nature, location, source, ownership, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. These Transactions originated with the first draw on the Float Loan from the City of Youngtown in amount of $1,170,950.00 to Wick Properties Llc., who transferred $311,782.75 to Rubino who transferred $2,000.00 to the Villas Di Tuscany Llc as seen below

8/22/2014 City of Youngstown deposit $ 1,170,950.00

8/25/2014 Transfer to Rubino Construction xx1421: $ 311,782.75

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8/25/2014 Transfer to Villas di Tuscany xx4574 $ 2,000.00 8/25/2014 Transfer to Villas di Tuscany xx4574: $ 15,000.00 8/25/2014 Transfer to Loan $ 14,099.43 8/25/2014 Donald J. Augenstein CPA$ 1,515.00

The Specific transaction is the $2,000.00 transfer to Villas Di Tuscany from Rubino Construction by Dominic Marchionda.

SEVENTY-SIXTH COUNT: MONEY LAUNDERING, CITY OF YOUNGSTOWN FLOAT LOAN


did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the nature, location, source, ownership, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. These Transactions originated with the first draw on the Float Loan from the City of Youngtown in amount of $1,170,950.00 to Wick Properties Llc., who transferred $311,782.75to Rubino who transferred $15,000.00 to the Villas Di Tuscany Llc as seen below



8/25/2014 Transfer to Villas di Tuscany xx4574 $ 2,000.00 8/25/2014 Transfer to Villas di Tuscany xx4574: $ 15,000.00 8/25/2014 Transfer to Loan $ 14,099.43 8/25/2014 Donald J. Augenstein CPA$ 1,515.00

The Specific transaction is the $15,000.00 transfer to Villas Di Tuscany from Rubino Construction.

SEVENTY-SEVENTH COUNT: MONEY LAUNDERING, CITY OF YOUNGSTOWN FLOAT LOAN


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did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. These transactions originated with the first draw on the Float Loan from the City of Youngtown in amount of $1,170,950.00 to Wick Properties Llc., who transferred $311,782.75 to Rubino who transferred $1,000.00 to the Villas Di Tuscany Llc as seen below:



9/9/2014 Transfer to Villas di Tuscany..4574: $ 1,000.00

9/8/2014 Mahoning Co Treasurer $ 2,087.88 9/9/2014 NSF/Funds Unavailable fee $ 37.00


SEVENTY-EIGHTH COUNT: MONEY LAUNDERING, CITY OF YOUNGSTOWN FLOAT LOAN


did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. These transactions originated with the first draw on the Float Loan from the City of Youngtown in amount of $1,170,950.00 and was co-mingled with the first grant of money to Wick Properties Llc from the City of Youngstown Water fund in the amount of $249,685.37 to Wick Properties Llc., who transferred $361,423.86 to Rubino who transferred 5,000.00 to the Villas Di Tuscany Llc as seen below:

8/22/2014 City of Youngstown $ 1,170,950.00

9/4/2014 City of Youngstown $ 249,685.37

10/23/2014 Transfer to Rubino Construction xx1421 $ 361,423.86

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10/29/2014 Transfer to Villas di Tuscany xx4574 $ 5,000.00

10/29/2014 Transfer to Loan $ 4,500.00 11/3/2014 Pmt to Comm Tax Re Var Loan $ 472.50


SEVENTY-NINTH COUNT: MONEY LAUNDERING, CITY OF YOUNGSTOWN FLOAT LOAN


did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. The transactions originated with the first draw on the Float Loan from the City of Youngtown in amount of $1,170,950.00 and was co-mingled with the first grant of money to Wick Properties Llc from the City of Youngstown Water fund in the amount of $249,685.37 to Wick Properties Llc., who transferred $361,423.86 to Rubino who transferred $4,100.00 to the Villas Di Tuscany Llc as follows:



10/23/2014 Transfer to Rubino Construction xx1421: $ 361,423.86 11/12/2014 Transfer to Villas di Tuscany xx4574: $ 4,100.00 11/12/2014 Transfer to Loan $ 4,027.50


EIGHTIETH COUNT: MONEY LAUNDERING, CITY OF YOUNGSTOWN FLOAT LOAN


did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the

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nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. The Transactions originated with the first draw on the Float Loan from the City of Youngtown in amount of $1,170,950.00 and was co-mingled with the first grant of money to Wick Properties Llc from the City of Youngstown Water fund in the amount of $249,685.37 to Wick Properties Llc., who transferred $361,423.86 to Rubino who transferred $3,500.00 to the Villas Di Tuscany Llc who spent the money on bounced checks fees and personal expenditures as follows:



10/23/2014 Transfer to Rubino Construction xx1421: $ 361,423.86 11/13/2014 Transfer to Villas di Tuscany xx4574: $ 3,500.00 11/12/2014 Roundtable LLC $ 4,000.00 11/13/2014 Overdraft Fee $ 37.00


EIGHTY-FIRST COUNT: MONEY LAUNDERING, CITY OF YOUNGSTOWN FLOAT LOAN


did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. These transactions originated with the second draw on the Float Loan from the City of Youngtown in amount of $1,170,950.00 to Wick Properties Llc., who transferred $532,441.95 to Rubino who transferred $4,500 to the Villas Di Tuscany Llc. as follows below:



12/10/2014 Transfer to Villas di Tuscany xx4574 $ 4,500.00 12/10/2014 Transfer to Loan $ 4,500.00


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EIGHTY-SECOND COUNT: MONEY LAUNDERING, CITY OF YOUNGSTOWN FLOAT LOAN


did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the nature, location, source, ownership, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. These transactions originated with the second draw on the Float Loan from the City of Youngtown in amount of $1,170,950.00 to Wick Properties Llc., who transferred $303,029.89 to Rubino who transferred $5,300 to the Villas Di Tuscany Llc.as shown below:


12/22/2014 Transfer to Rubino Construction xx1421: $ 303,029.89 1/8/2015 Transfer to Villas di Tuscany xx4574: $ 5,300.00 1/8/2015 Transfer to Loan $ 4,263.17


EIGHTY-THIRD COUNT: MONEY LAUNDERING, CITY OF YOUNGSTOWN FLOAT LOAN

DEFENDANTS: DOMINIC MARCHIONDA, AND RUBINO CONSTRUCTION INC.LOCATION: MAHONING COUNTYDATE: 08/25/14 TIME: N/A

did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. This transaction originated with the first draw on the Float Loan from the City of Youngtown in amount of $1,170,950.00 to Wick Properties Llc., who transferred $311,782.75 to Rubino Construction Inc., who transferred $10,000.00 to Dominic Marchionda who spent the money on personal items.

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8/25/2014 Transfer to Dom/Jacq …8324: $ 10,000.00 8/25/2014 Amex E Pmt $ 7,262.50 8/25/2014 Prudential Ins $ 60.61

The Specific transaction is the $10,000 transfer to Dominic Marchionda from Rubino Construction.

EIGHTY-FOURTH COUNT: MONEY LAUNDERING, CITY OF YOUNGSTOWN FLOAT LOAN

DEFENDANTS: DOMINIC MARCHIONDA, AND RUBINO CONSTRUCTION INC.LOCATION: MAHONING COUNTYDATE: 08/26/14 iTIME: N/A

did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. This Transaction originated with the first draw on the Float Loan from the City of Youngtown in amount of $1,170,950.00 to Wick Properties Llc., who transferred $311,782.75 to Rubino Construction Inc. who transferred $20,000.00 to Dominic Marchionda who spent the money on personal items as shown below


8/25/2014 Transfer to Rubino Construction xx1421: $ 311,782.75 8/26/2014 Transfer to Dom/Jacq ….. …8324: $ 20,000.00 8/26/2014 Holy Family $ 100.00 8/27/2014 Chase ePay $ 19,013.23 8/27/2014 Chase Loans $ 350.78


EIGHTY-FIFTH COUNT: MONEY LAUNDERING, CITY OF YOUNGSTOWN FLOAT LOAN

DEFENDANTS: DOMINIC MARCHIONDA, AND RUBINO CONSTRUCTION INC.

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LOCATION: MAHONING COUNTYDATE: 08/26/14 TIME: N/A

did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. This transactions originated with the first draw on the Float Loan from the City of Youngtown in amount of $1,170,950.00 to Wick Properties Llc., who transferred $311,782.75 to Rubino Construction Inc. who transferred $5,000.00 to Dominic Marchionda who spent the money on personal items as shown below namely to make a car payment and pay the fees related thereto:


8/25/2014 Transfer to Rubino Construction xx1421: $ 311,782.75 8/28/2014 Transfer to Dom/Jacq …8324: $ 5,000.00

8/28/2014 Dom/Jacq Dollar Bank xx5773 $ 6,500.00 9/1/2014 Monthly Svc Fee $ 2.00 9/2/2014 Mtg Pmt $ 3,557.87 9/2/2014 Automatic Loan Pmt $ 2,499.75


EIGHTY-SIXTH COUNT: MONEY LAUNDERING, CITY OF YOUNGSTOWN FLOAT LOAN

DEFENDANTS: DOMINIC MARCHIONDA, AND RUBINO CONSTRUCTION INC.LOCATION: MAHONING COUNTYDATE: 09/04/14 TIME: N/A

did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the nature, location, source, ownership, or control of the property or the intent to avoid a transaction reporting requirement under Section 1315.53 of the Revised Code or federal law, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. This transaction originated with the first draw on the Float Loan from the City of Youngtown in amount of $1,170,950.00 to Wick Properties Llc., who transferred $311,782.75 to Rubino Construction Inc. who transferred $20,000.00 to Dominic Marchionda who spent the money on personal items as follows: 8/22/2014 City of Youngstown $ 1,170,950.00

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8/25/2014 Transfer to Rubino Construction xx1421: $ 311,782.75 9/4/2014 Transfer to Dom/Jacq….8324: $ 20,000.00

9/5/2014 Sylvia Bennett $ 70.00 9/8/2014 Target Card Srvc Bill Pay $ 1,500.00 9/8/2014 Kim Penman $ 70.00 9/9/2014 Armstrong Util $ 258.03 9/11/2014 IRS $ 400.00 9/12/2014 Ally Payment $ 1,058.28 9/15/2014 Ursuline Sisters $ 100.00 9/16/2014 Clearview Window Cleaning $ 1,128.20 9/16/2014 RBS Citizens N Loan Pmt $ 945.67 9/16/2014 Smart Tuition $ 627.40 9/16/2014 Comenity Pay IL Web Pmt $ 183.92 9/16/2014 Armstrong Turf & Ornamental $ 166.53 9/16/2014 Allied Waste Svc Ck Pmt $ 118.49 9/16/2014 East Ohio Gas Pmt $ 53.52 9/16/2014 Pine Hollow Springs $ 28.60 9/17/2014 Sylvia Bennett $ 140.00 9/17/2014 Yuhanick Cleaners $ 27.62 9/18/2014 Phil Snyder $ 181.40 9/22/2014 Chase AutoPay $ 5,481.92 9/22/2014 Sam’s Club Stores Purchase $ 564.82 9/22/2014 L & R Estate Maintenance $ 526.44 9/23/2014 Dollar Bank $ 6,500.00 10/1/2014 Auto Mtg Pmt $ 3,557.87 10/1/2014 Automatic Loan Pmt $ 2,499.75 10/1/2014 Monthly Svc Fee $ 2.00 9/23/2014 Dillard’s CC Epay $ 239.84

9/23/2014 Kim Penman $ 140.00

9/23/2014 Prudential Ins $ 60.61

9/23/2014 Guzman Photography $ 27.00

9/24/2014 Amex ePmt $ 3,368.56

9/24/2014 Sam’s Club MC ePay $ 224.85

9/24/2014 Purple Cat $ 200.00

9/24/2014 Sherry Landis $ 150.00

The Specific transaction is the $20,000 transfers to Dominic Marchionda from Rubino Construction.

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EIGHTY-SEVENTH COUNT: MONEY LAUNDERING, CITY OF YOUNGSTOWN FLOAT LOAN

DEFENDANTS: DOMINIC MARCHIONDA, AND RUBINO CONSTRUCTION INC.LOCATION: MAHONING COUNTYDATE: 10/06/14TIME: N/A

did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. The transactions originated with the first draw on the Float Loan from the City of Youngtown in amount of $1,170,950.00 and was co-mingled with the first grant of money to Wick Properties Llc from the City of Youngstown Water fund in the amount of $249,685.37 to Wick Properties Llc., who transferred $75,000.00 to Rubino Construction Inc. who transferred $20,000.00 to Dominic Marchionda who spent the money on personal items as seen below:


9/4/2014 City of Youngstown $ 249,685.37 9/25/2014 Transfer to Rubino Construction xx1421 $ 75,000.00 10/6/2014 Transfer to Dom & Jacq….8324 $ 10,000.00 10/8/2014 Target Card Svc Bill Pay $ 1,804.86 10/8/2014 Scott's Massage Therapy $ 50.00 10/9/2014 Armstrong Util $ 241.26 10/14/2014 Ally Pmt $ 1,058.28 10/15/2014 RBS Citizens N Loan Pmt $ 945.67 10/15/2014 Smart LLC $ 291.20 10/17/2014 Sylvia Bennett $ 70.00 10/17/2017 East Ohio Gas Pmt $ 63.45 10/17/2014 Cash $ 36.00


EIGHTY-EIGHTH COUNT: MONEY LAUNDERING, CITY OF YOUNGSTOWN FLOAT LOAN


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LOCATION: MAHONING COUNTYDATE: 10/22/14TIME: N/A

did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. These Transactions originated with the first draw on the Float Loan from the City of Youngtown in amount of $1,170,950.00 and was co-mingled with the first grant of money to Wick Properties Llc from the City of Youngstown Water fund in the amount of $249,685.37 to Wick Properties Llc., who transferred $100,000.00 to Rubino Construction Inc. who transferred $12,000.00 to Dominic Marchionda who spent the money on personal items as shown below:


9/4/2014 City of Youngstown $ 249,685.37 10/16/2014 Transfer to Rubino Construction xx1421: $ 100,000.00 10/22/2014 Transfer to Dom & Jacq….8324: $ 12,000.00 10/21/2014 Chase AutoPay $ 13,659.43 10/22/2014 Key Bank $ 1,562.05 10/23/2014 Prudential Ins Prem $ 60.61


EIGHTY-NINTH COUNT: MONEY LAUNDERING, CITY OF YOUNGSTOWN FLOAT LOAN


did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. The transactions originated with the first draw on the Float Loan from the City of Youngtown in amount of $1,170,950.00 and was co-mingled with the first grant of money to Wick Properties Llc from the City of Youngstown Water fund in the amount of $249,685.37 to Wick Properties Llc., who transferred $361,423.86 to Rubino Construction Inc. who transferred $10,000.00 to Dominic Marchionda who spent the money on personal items as seen below:

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9/4/2014 City of Youngstown $ 249,685.37 10/16/2014 Transfer to Rubino Construction xx1421: $ 100,000.00 10/24/2014 Transfer to Dom & Jacq ….8324 $ 10,000.00 10/24/2014 Amex ePayment ACH Pmt $ 2,043.70 10/24/2014 Sam’s Club MC Sam’s ePay $ 457.97 10/27/2014 Ohio Edison ACH $ 210.60 10/28/2014 Chase Loans $ 350.78 10/29/2014 Aqua Servi $ 286.93 10/29/2014 Aqua Servi $ 117.92

The Specific transaction is the $10,000 transfer to Dominic Marchionda from Rubino Construction

NINETIETH COUNT: MONEY LAUNDERING, CITY OF YOUNGSTOWN FLOAT LOAN


did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. The transactions originated with the first draw on the Float Loan from the City of Youngtown in amount of $1,170,950.00 and was co-mingled with the first grant of money to Wick Properties Llc from the City of Youngstown Water fund in the amount of $249,685.37 to Wick Properties Llc., who transferred $361,423.86 to Rubino Construction Inc. who transferred $5,000.00 to Dominic Marchionda who spent the money on personal items as shown below:

8/22/2014 City of Youngstown $ 1,170,950.00 9/4/2014 City of Youngstown $ 249,685.37 10/23/2014 Transfer to Rubino Construction xx1421: $ 361,423.86

10/24/2014 Transfer to Dom/Jacq….8324 $ 10,000.00 10/24/2014 Amex ePayment ACH Pmt $ 2,043.70 10/24/2014 Sam’s Club MC Sam’s ePay $ 457.97 10/27/2014 Ohio Edison ACH $ 210.60 10/28/2014 Chase Loans $ 350.78

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10/29/2014 Aqua Servi $ 286.93 10/29/2014 Aqua Servi $ 117.92


NINETY-FIRST COUNT: MONEY LAUNDERING, CITY OF YOUNGSTOWN FLOAT LOAN


did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. The transactions originated with the first draw on the Float Loan from the City of Youngtown in amount of $1,170,950.00 and was co-mingled with the first grant of money to Wick Properties Llc from the City of Youngstown Water fund in the amount of $249,685.37 to Wick Properties Llc., who transferred $361,423.86 to Rubino Construction Inc. who transferred $20,000.00 to Dominic Marchionda who spent the money on personal items and an investment as shown below:8/22/2014 City of Youngstown $ 1,170,950.00 9/4/2014 City of Youngstown $ 249,685.37

10/23/2014 Transfer to Rubino Construction xx1421: $ 361,423.8611/6/2014 Transfer to Dom/Jacq…8324: $ 20,000.00 11/6/2014 Stifel Nicolaus $ 20,000.00 11/10/2014 Target Card Srvc Bill Pay $ 1,420.86 11/10/2014 Armstrong Util $ 275.09 11/10/2014 Phil Snyder $ 168.00 11/10/2014 American Lawn Sprinklers $ 73.00 11/10/2014 Poland Medical Center $ 50.00


NINETY-SECOND COUNT: MONEY LAUNDERING, CITY OF YOUNGSTOWN FLOAT LOAN


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LOCATION: MAHONING COUNTYDATE: 11/12/14TIME: N/A

did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. The transactions originated with the first draw on the Float Loan from the City of Youngtown in amount of $1,170,950.00 and were co-mingled with the first grant of money to Wick Properties Llc from the City of Youngstown Water fund in the amount of $249,685.37 to Wick Properties Llc., who transferred $361,423.86 to Rubino Construction Inc. who transferred $7,500.00 to Dominic Marchionda who spent the money on personal items. 8/22/2014 City of Youngstown $ 1,170,950.00 9/04/2014 City of Youngstown $ 249,685.37

10/23/2014 Transfer to Rubino Construction xx1421: $ 361,423.8611/12/2014 Transfer to Dom/Jacq….8324: $ 7,500.00 11/12/2014 L & R Estate Maintenance $ 1,051.81 11/12/2014 Holy Family Church $ 100.00 11/12/2014 Kim Penman $ 70.00 11/12/2014 Allstate F & C Ins Chkpmt $ 44.44 11/13/2014 Stifel Nicolaus $ 4,000.00 11/13/2014 St Elizabeth Health Centre $ 100.00 11/13/2014 Pine Hollow Springs $ 28.60 11/13/2014 Youngstown Muni Court $ 10.00 11/14/2014 Beautitude House $ 500.00 11/14/2014 Yuhanik Cleaners $ 47.62 11/14/2014 Jim & Deanna Dille $ 46.50

The Specific transaction is the $7.500 transfer to Dominic Marchionda from Rubino Construction

NINETY-THIRD COUNT: MONEY LAUNDERING, CITY OF YOUNGSTOWN FLOAT LOAN


did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. The transactions originated with the first

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draw on the Float Loan from the City of Youngtown in amount of $1,170,950.00 and were co-mingled with the first grant of money to Wick Properties Llc from the City of Youngstown Water fund in the amount of $249,685.37 to Wick Properties Llc., who transferred $361,423.86 to Rubino Construction Inc. who transferred $5,000.00 to Dominic Marchionda who spent the money on personal items as shown below:

8/22/2014 City of Youngstown $ 1,170,950.00 9/04/2014 City of Youngstown $ 249,685.37

10/23/2014 Transfer to Rubino Construction xx1421: $ 361,423.8611/17/2014 Transfer to Dom/Jacq …8324: $ 5,000.00 11/17/2014 RBS Citizens Loan Pmt $ 945.67 11/17/2014 Smart LLC $ 291.20 11/17/2014 Holy Family $ 100.00 11/17/2014 Audra No….(sp?) $ 95.00 11/17/2014 East Ohio Gas Pmt $ 94.56 11/17/2014 Sylvia Bennett $ 70.00 11/18/2014 NYC DOF PV Checkpmt$ 115.00 11/19/2014 Sayed Yossef MD $ 157.70 11/20/2014 Cash $ 100.00 11/20/2014 Kim Penman $ 70.00 11/21/2014 Comenity Pay Web Pmt $ 432.28


NINETY-FOURTH COUNT: MONEY LAUNDERING, CITY OF YOUNGSTOWN FLOAT LOAN


did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. The transactions originated with the second draw on the Float Loan from the City of Youngtown in amount of $1,170,950.00 to Wick Properties Llc., who transferred $532,441.95 to Rubino Construction Inc. who transferred $15,000 to Dominic Marchionda who spent the money on personal items as shown below:

11/14/2014 City of Youngstown $ 1,170,950.00 11/20/2014 Transfer to Rubino Construction xx1421 $ 532,441.95

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11/24/2014 Transfer to Dom & Jacq….8324 $ 15,000.00 11/24/2014 Chase AutoPay $ 9,855.96 11/24/2014 Amex ePayment ACH Pmt $ 3,096.89 11/24/2014 Prudential Insurance $ 60.61 11/25/2014 Sam’s Club MC Sam’s ePay $ 409.73 11/25/2014 Harland Clarke Chk Orders $ 27.30 11/26/2014 Dollar Bank $ 6,500.00 11/26/2014 Bank of America Pay $ 956.85 11/26/2014 Chase Loans $ 350.78


NINETY-FIFTH COUNT: MONEY LAUNDERING, CITY OF YOUNGSTOWN FLOAT LOAN


did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. The Transaction originated with the second draw on the Float Loan from the City of Youngtown in amount of $1,170,950.00 to Wick Properties Llc., who transferred $532,441.95 to Rubino Construction Inc. who transferred $25,000 to Dominic Marchionda who spent the money on personal items as shown below:

11/14/2014 City of Youngstown $ 1,170,950.00 11/20/2014 Transfer to Rubino Construction xx1421 $ 532,441.9511/28/2014 Transfer to Dom & Jacq ….8324 $ 25,000.00 11/28/2014 Returned Item Fee $ 37.00 11/28/2014 Overdraft Fee $ 74.00 11/28/2014 Denny Moore's Carpet Cleaning $ 304.95 12/1/2014 Prudential Insurance $ 1,500.00 12/2/2014 MMOH Premiums $ 1,844.28 12/2/2014 Ohio Edison ACH $ 228.36 12/2/2014 Aqua Ohio $ 109.23 12/2/2014 Mahoning County Sanitary $ 78.82 12/3/2014 Sherry Landis $ 110.00 12/5/2014 Yuhanichs $ 142.43 12/5/2014 Holy Family 8th Grade $ 100.00

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12/8/2014 Target Card Srvc Bill Pay $ 1,523.86 12/8/2014 Medicine Place $ 140.03 12/9/2014 Armstrong Utility $ 170.62 12/10/2014 Dr. PJ Snyder $ 157.00 12/10/2014 SPI Dermatology Purchase $ 50.00 12/11/2014 Dollar Bank $ 6,500.00 Auto Mtg Pmt $ 3,557.87 Dir Auto Loan Pmt $ 2,499.75 12/11/2014 Committee to Elect Dan Yemma$ 150.00 12/15/2014 Smart LLC $ 291.20 12/15/2014 East Ohio Gas Pmt $ 193.94 12/16/2014 RBS Citizens Loan Pmt $ 945.67 12/18/2014 Poland Medical Center $ 25.00 12/19/2014 Laura Lyra (sp?) $ 50.00 12/22/2014 Allstate P & C Ins Chkpmt $ 633.42 12/22/2014 Aqua Water $ 103.20 12/22/2014 Audra Nezbeth $ 95.00 12/22/2014 Mahoning County Sanitary $ 82.77 12/22/2014 University Hospitals $ 50.00 12/23/2014 L & R Estate Maintenance $ 328.49 12/23/2014 Sherry Landis $ 200.00 12/23/2014 Prudential Ins $ 60.61 12/23/2014 Peterson Park $ 50.00 12/23/2014 Bob Richards $ 50.00 12/23/2014 Calla's $ 25.00 12/24/2014 Amex ePayment ACH $ 11,816.69 12/24/2014 Sam’s Club MC ePay $ 1,157.30


NINETY-SIXTH COUNT: MONEY LAUNDERING, CITY OF YOUNGSTOWN FLOAT LOAN

DEFENDANT: DOMINIC MARCHIONDALOCATION: MAHONING COUNTYDATE: 12/12/14TIME: N/A

did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. These transactions originated with the second draw on the Float Loan from the City of Youngtown in amount of $1,170,950.00 to Wick Properties Llc., who transferred $10,000 to Dominic Marchionda who transferred the money to

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NYO Property Group who spent the money on NYO Property Group Payroll. Dominic Marchionda runs NYO Property Group. The transactions are shown below:

11/14/2014 City of Youngstown $ 1,170,950.00 12/12/2014 Transfer to Dom/Jackie xx8324: $ 10,000.00

12/12/2014 Transfer to NYO Property xx0914 $ 10,000.00 12/12/2014 NYO Property Gro Payroll $ 10,151.12

The Specific transaction is the $10,000.00 transfer from Dominic Marchionda to NYO Property Group.

NINETY-SEVENTH COUNT: MONEY LAUNDERING, CITY OF YOUNGSTOWN FLOAT LOAN


did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. These transactions originated with the second draw on the Float Loan from the City of Youngtown in amount of $1,170,950.00 to Wick Properties Llc., who transferred $303,029.89 to Rubino Construction Inc. who transferred $15,000.00 to Dominic Marchionda who spent the money on bounced checks in his personal account and other personal items as shown below:

11/14/2014 City of Youngstown : $ 1,170,950.00 12/22/2014 Transfer to Rubino Construction xx1421: $ 303,029.8912/26/2014 Transfer to Dom/Jackie ….8324: $ 15,000.00

12/26/2014 Overdraft Fee $ 37.00 12/26/2014 Returned Item Fee $ 37.00 12/29/2014 Chase Loans $ 350.78 12/29/2014 FirstEnergy OPCO ACH $ 239.35 12/29/2014 Yuhanichs $ 86.32 12/30/2014 Dollar Bank $ 6,500.00 1/1/2015 Monthly Svc Fee $ 2.00 1/2/2015 Auto Mtg Pmt $ 3,557.87 1/2/2015 Auto Loan Pmt $ 2,499.75

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The Specific transaction is the $15,000.00 transfer to Dominic Marchionda from Rubino Construction.

NINETY-EIGHTH COUNT: MONEY LAUNDERING, CITY OF YOUNGSTOWN FLOAT LOAN


did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree . The transactions originated with the second draw on the Float Loan from the City of Youngtown in amount of $1,170,950.00 to Wick Properties Llc., who transferred $303,029.89 to Rubino Construction Inc. who transferred $20,000.00 to Dominic Marchionda who spent the money on personal items as shown below:

11/14/2014 City of Youngstown: $ 1,170,950.00 12/22/2014 Transfer to Rubino Construction xx1421: $ 303,029.891/5/2015 Transfer to Dom & Jacq…8324 $ 20,000.00

1/5/2015 MMOH Premiums $ 2,070.89 1/5/2015 Nordstrom Payment $ 839.54 1/5/2015 Macy's Web Pmt $ 687.84 1/7/2015 Purple Cat $ 100.00 1/8/2015 Youngstown State University $ 4,570.64 1/8/2015 Comenity Pay SB Web Pmt $ 608.04 1/8/2015 Target Card SRvc Bill Pay $ 424.42 1/8/2015 Armstrong Utilities $ 213.75 1/13/2015 Comenity Pay SB Web Pmt $ 500.00 1/14/2015 East Ohio Gas Pmt $ 309.01 1/15/2015 Allstate F & C Ins Pmt $ 2,705.90 1/15/2015 Allstate P & C Ins Pmt $ 1,131.90 1/15/2015 RBS Citizens N Loan Pmt $ 945.67 1/15/2015 Smart LLC $ 291.20 1/15/2015 Summa Physicians $ 129.75 1/15/2015 Pine Hollow Springs $ 72.00 1/15/2015 Poland Medical Center $ 67.62 1/16/2015 Dollar Bank $ 6,500.00 2/1/2015 Monthly Svc Fee $ 2.00 2/2/2015 Auto Mtg Pmt $ 3,557.87 2/2/2015 Auto Loan Pmt $ 2,499.75

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NINETY-NINTH COUNT: MONEY LAUNDERING, CITY OF YOUNGSTOWN FLOAT LOAN


did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. The transactions originated with the second draw on the Float Loan from the City of Youngtown in amount of $1,170,950.00 to Wick Properties Llc., who transferred $312,973.78 to Rubino Construction Inc. who transferred $10,000.00 to Dominic Marchionda who spent the money on personal items including court fees at Mahoning County Court #2.as shown below:

11/14/2014 City of Youngstown: $ 1,170,950.00 1/12/2015 Transfer to Rubino Construction xx1421: $ 312,973.78 1/20/2015 Transfer to Dom/Jacq …8324: $ 10,000.00 1/20/2015 Holy Family Church $ 40.00 1/20/2015 Guzman Photography $ 15.00 1/21/2015 Chase AutoPay $ 6,891.74 1/22/2015 Mahoning Co Area 2 Court $ 50.00


ONE HUNDREDTH COUNT: MONEY LAUNDERING, CITY OF YOUNGSTOWN FLOAT LOAN

DEFENDANTS: DOMINIC MARCHIONDALOCATION: MAHONING COUNTYDATE: 01/23/15TIME: N/A

did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the

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nature, location, source, ownership, or control of the property or the intent to avoid a transaction reporting requirement under Section 1315.53 of the Revised Code or federal law, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. The transactions originated with the second draw on the Float Loan from the City of Youngtown in amount of $1,170,950.00 to Wick Properties Llc., in addition Erie Terminal Place Llc. transferred $10,000.00 into the Wick Properties Llc account then 10,000.00 was transferred to Dominic Marchionda who spent the money on personal items as follows: 11/14/2014 City of Youngstown: $ 1,170,950.001/23/2015 Transfer from Erie Terminal xx2064: $ 10,000.00

1/23/2015 Transfer to Dominic/Jacq…8324: $ 10,000.00 1/23/2015 Prudential Insurance $ 60.61 1/26/2015 Amex Epayment ACH $ 13,713.73

The Specific transaction is the $10,000.00 transfer to Dominic Marchionda on January 23, 2015

ONE HUNDREDTH FIRST COUNT: MONEY LAUNDERING, CITY OF YOUNGSTOWN FLOAT LOAN


did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the nature, location, source, ownership, or control of the property in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. The transactions originated with the second draw on the Float Loan from the City of Youngtown in amount of $1,170,950.00 to Wick Properties Llc., in addition Erie Terminal Place Llc. transferred $10,000.00 into the Wick Properties Llc account then 10,000.00 was transferred to Dominic Marchionda who spent including return items fees, Sam’s Club, Holy Family fees, and other personal items as shown below:

11/14/2014 City of Youngstown: $ 1,170,950.00 1/27/2015 Transfer from Erie Terminal xx2064: $ 10,000.001/27/2015 Transfer to Dom & Jacq …..8324: $ 10,000.00 1/27/2015 Returned Item Fee $ 37.00 1/27/2015 Sam’s Club MC Sam’s ePay $ 1,291.99 1/28/2015 Chase Loan $ 350.78 1/28/2015 FirstEnergy OPCO ACH $ 292.13 1/28/2015 Purple Cat $ 100.00

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1/28/2015 Mr. & Mrs. Lalo Beuzo (sp?)\ $ 100.00 1/29/2015 Holy Family 8th Grade $ 200.00 2/2/2015 Prudential Insurance $ 1,500.00 2/2/2015 Color Vanity by Lucia $ 65.00 2/3/2015 MMOH Premiums $ 2,070.89 2/3/2015 Nordstrom Payment $ 1,889.24 2/3/2015 Macy's Web Pmt Online Pmt $ 500.00 2/4/2015 Sherry Landis $ 160.00 2/5/2015 Rich Center for Autism $ 100.00

The Specific transaction is the $10,000.00 transfer to Dominic Marchionda on January 27, 2015

ONE HUNDREDTH SECOND COUNT: MONEY LAUNDERING, CITY OF YOUNGSTOWN FLOAT LOAN


did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. These Transactions originated with the second draw on the Float Loan from the City of Youngtown in amount of $1,170,950.00 to Wick Properties Llc., who transferred $20,000.00 money to Rubino Construction who transferred $10,000.00 to Dominic Marchionda who spent the money on personal items as shown below: 11/14/2014 City of Youngstown: $ 1,170,950.002/18/2015 Transfer to Rubino Construction xx1421: $ 20,000.00

2/23/2015 Transfer to Dom/Jacq…8324: $ 10,000.00 2/23/2015 Chase AutoPay $ 14,156.20

The Specific transaction is the $10,000.00 transfer to Dominic Marchionda on February 23, 2015

ONE HUNDREDTH –THIRD COUNT: MONEY LAUNDERING, CITY OF YOUNGSTOWN WATER UTILITY GRANT


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did conduct or attempt to conduct a transaction knowing that the property involved in the transaction is the proceeds of some form of unlawful activity with the conceal or disguise the nature, location, source, ownership, or control of the property, in violation of Section 1315.55(A)(2) of the Revised Code, a Felony of the Third Degree. This transaction originated with the second installment of a grant from the City of Youngstown Water Fund in the amount of $200,049.86 which was deposited into the Wick Properties LLC account of which $50,000.00 was transferred to Rubino Construction Inc. which transferred $10,000.00 to Dominic Marchionda who spent the money on personal items as shown below:

2/20/2015 City of Youngstown: $ 200,049.86


2/27/2015 Transfer to Dom/Jacq…8324: $ 10,000.00

2/27/2015 Bank of Ame. Pay by Phone $ 956.85 2/27/2015 FirstEnergy OPCO ACH $ 271.59 3/2/2015 Prudential Insurance $ 1,500.00 3/2/2015 Wayne's Landscaping $ 684.00 3/2/2015 MCMSA $ 100.00 3/2/2015 Talmer Bank Trust $ 53.50 3/3/2015 Nordstrom $ 932.52 3/3/2015 Macy's Web Pmt $ 500.00 3/3/2015 Poland Medical Center $ 125.00 3/3/2015 Pacentrano Club $ 80.00 3/3/2015 Advanced Dermatology $ 75.69 3/3/2015 Youngstown State U. $ 5.00 3/4/2015 MMOH Premiums $ 2,070.89 3/4/2015 Sherry Landis $ 130.00 3/4/2015 Yuhanich Cleaners $ 20.58 3/5/2015 Kim Penman $ 42.00 3/6/2015 Holy Family School $ 500.00 3/6/2015 Aqua Ohio $ 210.92 3/6/2015 Mahoning County Sanitary $ 151.40 3/9/2015 Target $ 1,091.06 3/9/2015 Dollar Bank $ 6,500.00

The Specific transaction is the $10,000.00 transfer to Dominic Marchionda on February 27, 2015

ONE HUNDREDTH –FOURTH COUNT: ENGAGING IN PATTERN OF CORRUPT ACTIVITY

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DEFENDANTS: DOMINIC MARCHIONDA, RUBINO CONSTRUCTION INC., U.S. CAMPUS SUITES LLC, ERIE TERMINAL PLACE LLC, WICK PROPERTIES LLCDATE: May 1, 2009 to January 1, 2016LOCATION: MAHONING, FRANKLIN AND CUYAHOGA COUNTY, OHIO.

did, unlawfully while employed by, or associated with, any enterprise did conduct or participate in, directly or indirectly, the affairs of the enterprise through a pattern of corrupt activity. FURTHERMORE, at least one of the incidents of corrupt activity was a felony of the first, second, or third degree to wit: Bribery, Money Laundering, Theft, Receiving Stolen Property, Telecommunications Fraud and/or Theft in Office AND at least one of the incidents of corrupt activity was a felony of the first degree to with: Theft.

THE ENTERPRISE The Enterprise was sufficiently explained in the Indictment. The names of the every

John Doe has been provided to defense counsel. All portions of the Enterprise as listed in the Indictment up to the Incidents of Corrupt have been particularized in the Indictment. There is no need to repeat them here. By reference hereby incorporate the Enterprise language of the indictment herein.

INCIDENTS OF CORRUPT ACTIVITY The Grand Jurors find that at least two incidents of corrupt activity occurred involving Dominic Marchionda, Rubino Construction Inc., Erie Terminal Place Llc, U.S. Campus Suites Llc. Wick Properties Llc, and others listed as such is defined by Ohio Law. The grand jurors find that these incidents of corrupt activity include but are not limited to the following conduct occurring on the following dates:

1. Aggravated Theft, §2913.02, F1Defendants Dominic Marchionda Date of Offense On or about September 11, 2009 to August 7, 2015

unlawfully did with purpose to deprive the owner, City of Youngstown, of Money or services, knowingly obtain or exert control over either the property or services by deception. FURTHERMORE, the property or services stolen is valued at $1,000,000 or more.Please see Count 1. 2. Aggravated Theft, §2913.02, F1Defendants Dominic Marchionda Date of Offense On or about September 11, 2009 to August 7, 2015

unlawfully did with purpose to deprive the owner, City of Youngstown, of Money or services, knowingly obtain or exert control over either the property or services beyond the scope of the express or implied consent of the owner or personal authorized to give consent. FURTHERMORE, the property or services stolen is valued at $1,000,000 or more.Please see Count 2.

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3. Aggravated Theft, §2913.02, F3Defendants Erie Terminal Place LlcDate of Offense On or about October 7, 2011 to February 28, 2013

unlawfully did with purpose to deprive the owner, City of Youngstown, of property or services, to wit: Money, knowingly obtain or exert control over either the property or services by deception. FURTHERMORE, the property or services stolen is valued at one hundred fifty thousand dollars or more and less than seven hundred fifty thousand dollars.Please see Count 5.

4. Aggravated Theft, §2913.02, F3Defendants Wick Properties LlcDate of Offense On or about August 22, 2014

unlawfully did with purpose to deprive the owner, City of Youngstown, of property or services, to wit: Money, knowingly obtain or exert control over either the property or services beyond the scope of the express or implied consent of the owner or personal authorized to give consent. FURTHERMORE, the property or services stolen is valued at one hundred fifty thousand dollars or more and less than seven hundred fifty thousand dollars.Please see Count 6.

5. Aggravated Theft of One Million Five Hundred Thousand Dollars or More, §2913.02, F1

Defendants Dominic Marchionda, Wick Properties LLCDate of Offense On or about February 22, 2015 to October 1, 2015

unlawfully did with purpose to deprive the owner, State of Ohio and/or United States of America, of property or services, to wit: Money from and Energy Loan, knowingly obtain or exert control over either the property or services by deception. FURTHERMORE, the property or services stolen is valued at one million five hundred thousand dollars or more.Please see Count 3.

6 Aggravated Theft, §2913.02, F2Defendants Dominic Marchionda, Rubino Construction Inc., Erie Terminal Place LlcDate of Offense On or about October 19, 2011

unlawfully did with purpose to deprive the owner, State of Ohio and/or United States of America, of property or services, to wit: Money (Brownfield Money), knowingly obtain or exert control over either the property or services by deception. FURTHERMORE, the property or services stolen is valued at seven hundred fifty thousand dollars or more and less than one million five hundred thousand dollars.Please see Count 4.

7. Receiving Stolen Property, §2913.51, F4Defendants Dominic Marchionda, Rubino Construction Inc., U.S. Campus Suites LlcDate of Offense On or about September 9, 2011 to October 19, 2011

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unlawfully did receive, retain, or dispose of Money, the property of State of Ohio and or United States of America (Brownfield Money), knowing or having reasonable cause to believe that the property had been obtained through commission of a theft offense and the value of the property involved was $5,000 or more and was less than $100,000.Please see Count 9.

8. Receiving Stolen Property, §2913.51, F3Defendants Dominic Marchionda, Rubino Construction Inc.Date of Offense On or about October 12, 2011 to February 17, 2012

unlawfully did receive, retain, or dispose of money, the property of City of Youngstown, knowing or having reasonable cause to believe that the property had been obtained through commission of a theft offense and the value of the property involved was one hundred fifty thousand dollars or more.Please see Count 7.

9 Receiving Stolen Property, §2913.51, F4Defendants U.S. Campus Suites Llc, Villa di Tuscany LlcDate of Offense On or about October 12, 2011 to February 17, 2012

unlawfully did receive, retain, or dispose of Money, the property of City of Youngstown, knowing or having reasonable cause to believe that the property had been obtained through commission of a theft offense and the value of the property involved was seven thousand five hundred dollars or more and was less than one hundred fifty thousand dollars.Please see Count 10.

10. Receiving Stolen Property, §2913.51, F3Defendants Dominic Marchionda, Rubino Construction Inc.Date of Offense On or about March 13, 2012 to February 3, 2013

unlawfully did receive, retain, or dispose of Money, the property of City of Youngstown, knowing or having reasonable cause to believe that the property had been obtained through commission of a theft offense and the value of the property involved was one hundred fifty thousand dollars or more.Please see Count 8.

11. Receiving Stolen Property, §2913.51, F4Defendants Dominic Marchionda, Erie Terminal Place Llc, Villa di Tuscany LlcDate of Offense On or about August 25, 2104 to February 23, 2013

unlawfully did receive, retain, or dispose of Money, the property of State of Ohio and or United States of America, knowing or having reasonable cause to believe that the property had been obtained through commission of a theft offense and the value of the property involved was seven thousand five hundred dollars or more and was less than one hundred fifty thousand dollars.Please see Count 11.

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12. Tampering with Records, §2913.42, F3Defendants Dominic Marchionda Date of Offense On or about November 1, 2012 to March 1, 2013

unlawfully did, knowing The Defendant had no privilege to do so, and with purpose to defraud or knowing The Defendant was facilitating a fraud on Key Bank utter a writing or record, to wit: Personal Finance Statement submitted as part of a loan request, knowing it to have been tampered with as provided in division (A)(1) of this section and the value of the data or computer software involved in the offense or the loss to the victim was one hundred fifty thousand dollars or more and/or the offense was committed for the purpose of devising or executing a scheme to defraud or to obtain property or services and the value of the property or services or the loss to the victim was seven thousand five hundred dollars or more.Please see Count 13.

13. Tampering with Records, §2913.42, F3Defendants Dominic Marchionda, Rubino ConstructionDate of Offense On or about August 30, 2009 to January 13, 2010

unlawfully did, knowing The Defendant had no privilege to do so, and with purpose to defraud or knowing The Defendant was facilitating a fraud on State of Ohio/ODOD, United States of America utter a writing or record, to wit: Payroll sheets/reports to secure government money, knowing it to have been tampered with as provided in division (A)(1) of this section and the writing, data, computer software, or record was kept by or belonged to a local, state, or federal governmental entity.Please see Count 17.

14. Tampering with Records, §2913.42, F3Defendants Dominic MarchiondaDate of Offense On or about October 6, 2011

unlawfully did, knowing The Defendant had no privilege to do so, and with purpose to defraud or knowing The Defendant was facilitating a fraud on the City of Youngstown utter a writing or record, to wit: AIA G 702 First Billing record Erie Terminal Construction, knowing it to have been tampered with as provided in division (A)(1) of this section and the writing, data, computer software, or record was kept by or belonged to a local, state, or federal governmental entity.Please see Count 18.

15. Tampering with Records, §2913.42, F3Defendants Dominic Marchionda, Rubino Construction, Erie Terminal Place LlcDate of Offense On or about February 27, 2012 to March 15, 2012

unlawfully did, knowing The Defendant had no privilege to do so, and with purpose to defraud or knowing The Defendant was facilitating a fraud on City of Youngstown utter a writing or record, to wit: AIA G702 Billing record #6 Plumbing portion, knowing it to have been tampered

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with as provided in division (A)(1) of this section and the writing, data, computer software, or record was kept by or belonged to a local, state, or federal governmental entity.Please see Count 19.

16. Tampering with Records, §2913.42, F3Defendants Dominic Marchionda, Erie Terminal Place LlcDate of Offense On or about October 18, 2012

unlawfully did, knowing The Defendant had no privilege to do so, and with purpose to defraud or knowing The Defendant was facilitating a fraud on the City of Youngstown utter a writing or record, to wit: Invoice totaling $378,000, knowing it to have been tampered with as provided in division (A) (1) of this section and the writing, data, computer software, or record was kept by or belonged to a local, state, or federal governmental entity.Please see Count 20.

17. Tampering with Records, §2913.42, F3Defendants Dominic Marchionda, Wick Properties LLCDate of Offense On or about February 10, 2015

unlawfully did, knowing The Defendant had no privilege to do so, and with purpose to defraud or knowing The Defendant was facilitating a fraud on State of Ohio/ODOD, United States of America falsify, destroy, remove, conceal, alter, deface, or mutilate any writing, computer software, data, or record, to wit: Disclosure of Use of Affiliated Entities and Certificate of Competitive Price Energy Loan 1 and the writing, data, computer software, or record was kept by or belonged to a local, state, or federal governmental entity.Please see Count 21.

18. Tampering with Records, §2913.42, F3Defendants Dominic Marchionda, Wick Properties LLCDate of Offense On or about April 2, 2015

unlawfully did, knowing The Defendant had no privilege to do so, and with purpose to defraud or knowing The Defendant was facilitating a fraud on State of Ohio/ODOD, United States of America falsify, destroy, remove, conceal, alter, deface, or mutilate any writing, computer software, data, or record, to wit: Borrower's Certificate Energy Loan Fund 2 and the writing, data, computer software, or record was kept by or belonged to a local, state, or federal governmental entity.Please see Count 24.

19. Tampering with Records, §2913.42, F3Defendants Dominic Marchionda, Wick Properties LLCDate of Offense On or about June 16, 2015

unlawfully did, knowing The Defendant had no privilege to do so, and with purpose to defraud or knowing The Defendant was facilitating a fraud on State of Ohio/ODOD, United States of America falsify, destroy, remove, conceal, alter, deface, or mutilate any writing, computer

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software, data, or record, to wit: Borrower's Certificate and the writing, data, computer software, or record was kept by or belonged to a local, state, or federal governmental entity.Please see Count 25.

20. Tampering with Records, §2913.42, F3Defendants Dominic Marchionda, Wick Properties LLCDate of Offense On or about July 27, 2015

unlawfully did, knowing The Defendant had no privilege to do so, and with purpose to defraud or knowing The Defendant was facilitating a fraud on State of Ohio/ODOD, United States of America falsify, destroy, remove, conceal, alter, deface, or mutilate any writing, computer software, data, or record, to wit: Borrower's Certificate and the writing, data, computer software, or record was kept by or belonged to a local, state, or federal governmental entity.Please see Count 26.

21. Tampering with Records, §2913.42, F3Defendants Dominic Marchionda, Wick Properties LLCDate of Offense On or about September 22, 2015

unlawfully did, knowing The Defendant had no privilege to do so, and with purpose to defraud or knowing The Defendant was facilitating a fraud on State of Ohio/ODOD, United States of America falsify, destroy, remove, conceal, alter, deface, or mutilate any writing, computer software, data, or record, to wit: Borrower's Certificate and the writing, data, computer software, or record was kept by or belonged to a local, state, or federal governmental entity.Please see Count 27.

22. Tampering with Records, §2913.42, F3Defendants Dominic Marchionda, Wick Properties LLCDate of Offense On or about September 22, 2015 to October 15, 2015

unlawfully did, knowing The Defendant had no privilege to do so, and with purpose to defraud or knowing The Defendant was facilitating a fraud on State of Ohio/ODOD, United States of America falsify, destroy, remove, conceal, alter, deface, or mutilate any writing, computer software, data, or record, to wit: Completion Certificate and the writing, data, computer software, or record was kept by or belonged to a local, state, or federal governmental entity.Please see Count 29.

23. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, U.S. Campus Suites Llc, Date of Offense On or about December 7, 2009

unlawfully did conduct or attempt to conduct a transaction knowing that the property involved in the transaction was the proceeds of some form of unlawful activity with the intent to conceal or disguise the nature, location, source, ownership, or control of the property.Please see Count 39.

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24. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, U.S. Campus Suites LlcDate of Offense On or about December 7, 2009


25. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, U.S. Campus Suites LlcDate of Offense On or about February 2, 2010


26. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, U.S. Campus Suites LlcDate of Offense On or about March 9, 2010




28. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, U.S. Campus Suites LlcDate of Offense On or about September 23, 2009

unlawfully did conduct or attempt to conduct a transaction knowing that the property involved in the transaction was the proceeds of some form of unlawful activity with the intent to conceal or disguise the nature, location, source, ownership, or control of the property. Specifically, on September 11, 2009 $150,000.0 was transferred by the City of Youngstown to U.S. Campus Suites…4140 as proceeds of the aforementioned float loan. U.S. Campus Suites/Dominic

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Marchionda transferred $25,000.00 to Rubino Construction on September 17, 2009 who transferred $5,000.00 to Organized Space a company doing work for the Villas di Tuscany.

29. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, U.S. Campus Suites LlcDate of Offense On or about September 17, 2009

unlawfully did conduct or attempt to conduct a transaction knowing that the property involved in the transaction was the proceeds of some form of unlawful activity with the intent to conceal or disguise the nature, location, source, ownership, or control of the property. Please see Count 43.

30. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, U.S. Campus Suites LlcDate of Offense On or about October 27, 2009


31. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, U.S. Campus Suites LlcDate of Offense On or about October 30, 2009


32. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, U.S. Campus Suites LlcDate of Offense On or about December 12, 2009


33. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, U.S. Campus Suites LlcDate of Offense On or about January 13, 2010


34. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, U.S. Campus Suites LlcDate of Offense On or about January 26, 2010

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unlawfully did conduct or attempt to conduct a transaction knowing that the property involved in the transaction was the proceeds of some form of unlawful activity with the intent to conceal or disguise the nature, location, source, ownership, or control of the property. Specifically, please see below:

1/8/2010 City of Youngstown Wire Deposit $ 1,500,000.00 1/11/2010 Transfer to US Campus xx0259 $ 1,400,000.00 2/5/2010 Transfer from US Campus xx0259 $ 400,000.002/8/2010 Transfer to US Campus xx0259 $ 400,000.00 2/8/2010 Transfer from US Campus xx0259 $ 50,000.00 2/9/2010 Dominic Marchionda $ 15,000.002/9/2010 Bank of America Vi/MC Online Pmt $ 31,969.54 2/9/2010 Rubino Construction $ 15,000.00 2/9/2010 NSF Fee $ 37.00 2/12/2010 Ohio CAT Tax $ 65.00 2/23/2010 1st Nat'l Bank of Omaha $ 488.00 2/26/2010 Service Charge $ 2.94 2/26/2010 First Place Financial $ 886.00 2/26/2010 Transfer to Dom & Jacq ….. 8324 $ 3,500.00 3/1/2010 JP Morgan Bank ACH $ 203.14 3/1/2010 GMAC Pmt $ 396.48 3/1/2010 Transfer to DJD & C xx1215 $ 1,750.00 3/1/2010 Pmt to Comm Tax $ 67.10 3/1/2010 Anthem $ 1,856.92

The specific transfer here is the $50,000.00 transfer made by Dominic Marchionda transferring $50,000.00 from U.S. Campus Suites …0259 after it or part of it had been transferred 3 times.


unlawfully did conduct or attempt to conduct a transaction knowing that the property involved in the transaction was the proceeds of some form of unlawful activity with the intent to conceal or disguise the nature, location, source, ownership, or control of the property. Specifically, please see below:

1/8/2010 City of Youngstown Wire Deposit $ 1,500,000.00

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1/11/2010 Transfer to US Campus xx0259 $ 1,400,000.00 2/5/2010 Transfer from US Campus xx0259 $ 400,000.002/8/2010 Transfer to US Campus xx0259 $ 400,000.00 2/8/2010 Transfer from US Campus xx0259 $ 50,000.00 2/9/2010 Dominic Marchionda $ 15,000.002/9/2010 Bank of America Vi/MC Online Pmt $ 31,969.54 2/9/2010 Rubino Construction $ 15,000.00 2/9/2010 NSF Fee $ 37.00 2/12/2010 Ohio CAT Tax $ 65.00 2/23/2010 1st Nat'l Bank of Omaha $ 488.00 2/26/2010 Service Charge $ 2.94 2/26/2010 First Place Financial $ 886.00 2/26/2010 Transfer to Dom & Jacq ….. 8324 $ 3,500.00 3/1/2010 JP Morgan Bank ACH $ 203.14 3/1/2010 GMAC Pmt $ 396.48 3/1/2010 Transfer to DJD & C xx1215 $ 1,750.00 3/1/2010 Pmt to Comm Tax $ 67.10 3/1/2010 Anthem $ 1,856.92

The specific transfer here is the $10,000.00 transfer made by Dominic Marchionda transferring $15,000.00 from U.S. Campus Suites …0259 to himself after it or part of it had been transferred a number of times between U.S. Campus Suites accounts after it had been received from the City of Youngstown.




Here is where you would place your prefatory language for the entire indictmentunlawfully did conduct or attempt to conduct a transaction knowing that the property involved in the transaction was the proceeds of some form of unlawful activity with the intent to conceal or disguise the nature, location, source, ownership, or control of the property. Please see Count 50.


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41. Telecommunications Fraud, §2913.05, F3Defendants Dominic MarchiondaDate of Offense On or about December 14, 2011

unlawfully having devised a scheme to defraud, did knowingly disseminate, transmit, or caused to disseminated or transmitted by means of wire, radio, satellite, telecommunication, telecommunications device, or telecommunication services any writing, data, sign, signal, picture, sound, image with purpose to execute or otherwise further the scheme to defraud and the value of the benefit obtained by the offender or of the detriment to the victim of the fraud is one hundred thousand dollars or more. Please see Count 31.

42. Telecommunications Fraud, §2913.05, F3Defendants Dominic MarchiondaDate of Offense On or about February 27, 2012

unlawfully having devised a scheme to defraud, did knowingly disseminate, transmit, or caused to disseminated or transmitted by means of wire, radio, satellite, telecommunication, telecommunications device, or telecommunication services any writing, data, sign, signal, picture, sound, image with purpose to execute or otherwise further the scheme to defraud and the value of the benefit obtained by the offender or of the detriment to the victim of the fraud is one hundred thousand dollars or more. Please see Count 32.

43. Telecommunications Fraud, §2913.05, F2Defendants Dominic MarchiondaDate of Offense On or about October 8, 2013

unlawfully having devised a scheme to defraud, did knowingly disseminate, transmit, or caused to disseminated or transmitted by means of wire, radio, satellite, telecommunication, telecommunications device, or telecommunication services any writing, data, sign, signal, picture, sound, image with purpose to execute or otherwise further the scheme to defraud and the violation occurred as part of a course of conduct involving other violations of division (A) of this section or violations of, attempts to violate, conspiracies to violate, or complicity in violations of section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code and the value of the benefit obtained by the offender or of the

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detriment to the victim of the fraud is one hundred fifty thousand dollars or more but less than one million dollars. Please see Count 33.

44. Telecommunications Fraud, §2913.05, F2Defendants Dominic MarchiondaDate of Offense On or about November 13, 2013

unlawfully having devised a scheme to defraud, did knowingly disseminate, transmit, or caused to disseminated or transmitted by means of wire, radio, satellite, telecommunication, telecommunications device, or telecommunication services any writing, data, sign, signal, picture, sound, image with purpose to execute or otherwise further the scheme to defraud and the violation occurred as part of a course of conduct involving other violations of division (A) of this section or violations of, attempts to violate, conspiracies to violate, or complicity in violations of section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code and the value of the benefit obtained by the offender or of the detriment to the victim of the fraud is one hundred fifty thousand dollars or more but less than one million dollars. Please see Count 34.

45. Telecommunications Fraud, §2913.05, F2Defendants Dominic MarchiondaDate of Offense On or about December 16, 2013


46. Telecommunications Fraud, §2913.05, F2Defendants Dominic MarchiondaDate of Offense On or about March 17, 2014

unlawfully having devised a scheme to defraud, did knowingly disseminate, transmit, or caused to disseminated or transmitted by means of wire, radio, satellite, telecommunication, telecommunications device, or telecommunication services any writing, data, sign, signal, picture, sound, image with purpose to execute or otherwise further the scheme to defraud and the violation occurred as part of a course of conduct involving other violations of division (A) of this section or violations of, attempts to violate, conspiracies to violate, or complicity in violations of section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code and the value of the benefit obtained by the offender or of the

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detriment to the victim of the fraud is one hundred fifty thousand dollars or more but less than one million dollars. Please see Count 36.

47. Telecommunications Fraud, §2913.05, F2Defendants Dominic MarchiondaDate of Offense On or about October 15, 2015


48. Telecommunications Fraud, §2913.05, F2Defendants Dominic MarchiondaDate of Offense On or about August 4, 2015

unlawfully having devised a scheme to defraud, did knowingly disseminate, transmit, or caused to disseminated or transmitted by means of wire, radio, satellite, telecommunication, telecommunications device, or telecommunication services any writing, data, sign, signal, picture, sound, image with purpose to execute or otherwise further the scheme to defraud and the violation occurred as part of a course of conduct involving other violations of division (A) of this section or violations of, attempts to violate, conspiracies to violate, or complicity in violations of section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code and the value of the benefit obtained by the offender or of the detriment to the victim of the fraud is one hundred fifty thousand dollars or more but less than one million dollars. Specifically, this pertains to an August 4, 2015 email from Dominic Marchionda regarding the Wick Properties /Wick Tower Energy Loan ( ELF) draw number 4. The Borrower’s certificate within which Marchionda stated that he all funds previously disbursed were used for the purposes set forth in the loan documents.

49. Telecommunications Fraud, §2913.05, F2Defendants Dominic MarchiondaDate of Offense On or about July 27, 2015

unlawfully having devised a scheme to defraud, did knowingly disseminate, transmit, or caused to disseminated or transmitted by means of wire, radio, satellite, telecommunication, telecommunications device, or telecommunication services any writing, data, sign, signal, picture, sound, image with purpose to execute or otherwise further the scheme to defraud and the violation occurred as part of a course of conduct involving other violations of division (A) of this section or violations of, attempts to violate, conspiracies to violate, or complicity in

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violations of section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code and the value of the benefit obtained by the offender or of the detriment to the victim of the fraud is one hundred fifty thousand dollars or more but less than one million dollars.Please see Count 38

50. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, Rubino Construction Inc., U.S. Campus Suites LlcDate of Offense On or about October 21, 2011

unlawfully did conduct or attempt to conduct a transaction knowing that the property involved in the transaction was the proceeds of some form of unlawful activity with the intent to conceal or disguise the nature, location, source, ownership, or control of the property. Specifically, the City of Youngstown at the defendant’s request wired the first installment of the Erie Terminal Float loan into the bank account of Erie Terminal Place on October 7, 2011. On October 21, 2011 B & B transferred 10,093.75 back to Rubino construction. Dominic Marchionda on behalf of Rubino Construction on October 21, 2011 transferred $20,000.00 to U.S. Campus Suites …7422 then Dominic Marchionda withdrew on the same date $28,459.91 in cash.





53. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, Rubino Construction Inc., U.S. Campus Suites LlcDate of Offense On or about November 22, 2011


54. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, Rubino Construction Inc.Date of Offense On or about October 12, 2011

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55. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, Rubino Construction Inc.Date of Offense On or about November 16, 2011


56. MISSING FROM THE INCIDENTS OF CORRUPT ACTIVITY LIST. THERE IS NO INCIDENT 56

57. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, Rubino Construction Inc.Date of Offense On or about December 11, 2011


58. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, Rubino Construction Inc.Date of Offense On or about January 3, 2012


59. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, Rubino Construction Inc.Date of Offense On or about January 30, 2011


60. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, Rubino Construction Inc.Date of Offense On or about February 8, 2011

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61. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, Rubino Construction Inc.Date of Offense On or about March 13, 2012


62. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, Rubino Construction Inc.Date of Offense On or about February 3, 2013


63. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, Rubino Construction Inc., Villa di Tuscany LlcDate of Offense On or about January 10, 2012unlawfully did conduct or attempt to conduct a transaction knowing that the property involved in the transaction was the proceeds of some form of unlawful activity with the intent to conceal or disguise the nature, location, source, ownership, or control of the property. Please see Count 69.

64. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, Rubino Construction Inc., Villa di Tuscany Llc. Date of Offense On or about March 16, 2012unlawfully did conduct or attempt to conduct a transaction knowing that the property involved in the transaction was the proceeds of some form of unlawful activity with the intent to conceal or disguise the nature, location, source, ownership, or control of the property. Please see Count 70.

65. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, Rubino Construction Inc. and Wick Properties Llc. Date of Offense On or about September 2, 2014


66. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, and Wick Properties Llc. Date of Offense On or about September 16, 2014

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67. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, and Wick Properties Llc. Date of Offense On or about September 25, 2014

unlawfully did conduct or attempt to conduct a transaction knowing that the property involved in the transaction was the proceeds of some form of unlawful activity with the intent to conceal or disguise the nature, location, source, ownership, or control. Specifically Marchionda and Wick Properties Llc transferred $25,000.00 of money received from the City of Youngstown Float loan draw to Youngstown Stambaugh Holdings. Marchionda then on behalf of Youngstown Stambaugh holdings used the money as a payment on a fee related to the Stambaugh Hotel project.

68. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, Rubino Construction Inc., and Wick Properties Llc. Date of Offense On or about December 22, 2014


69. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, Rubino Construction Inc., and Villas Di Tuscany LlcDate of Offense On or about August 25, 2014


70. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, Rubino Construction Inc., and Villas Di Tuscany LlcDate of Offense On or about August 25, 2014

unlawfully did conduct or attempt to conduct a transaction knowing that the property involved in the transaction was the proceeds of some form of unlawful activity with the intent to conceal or disguise the nature, location, source, ownership, or control of the property.

Please see Count 76.

71. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, Rubino Construction Inc., and Villas Di Tuscany LlcDate of Offense On or about September 9, 2014

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72. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, Rubino Construction Inc., and Villas Di Tuscany LlcDate of Offense On or about September 9, 2014

unlawfully did conduct or attempt to conduct a transaction knowing that the property involved in the transaction was the proceeds of some form of unlawful activity with the intent to conceal or disguise the nature, location, source, ownership, or control of the property. After the City of Youngstown transferred $1,170,950.00 to Wick Properties on August 22, 2014, $311,762.75 was transferred by Marchionda on August 25, 2014 to Rubino Construction. From the $311,762.75 transfer to Rubino, Marchionda transferred $1,000.00 to Villas Di Tuscany who used said money to pay a real estate tax bill and a bounced check fee.

73. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, Rubino Construction Inc., and Villas Di Tuscany LlcDate of Offense On or about November 12, 2014

unlawfully did conduct or attempt to conduct a transaction knowing that the property involved in the transaction was the proceeds of some form of unlawful activity with the intent to conceal or disguise the nature, location, source, ownership, or control of the property or the intent to avoid a transaction reporting requirement under section 1315.53 of the Revised Code or federal law.Please see Count 79.

74. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, Rubino Construction Inc., and Villas Di Tuscany LlcDate of Offense On or about November 13, 2014

unlawfully did conduct or attempt to conduct a transaction knowing that the property involved in the transaction was the proceeds of some form of unlawful activity with the intent to conceal or disguise the nature, location, source, ownership, or control of the property. Specifically, after the City of Youngstown transferred $1,170,950.00 to Wick Properties on August 22, 2014, and $249,685.17 was transferred also by the City of Youngtown to Wick Properties this time from the City Water Utility Fund on September 4, 2017, On October 23, 2014 $361,423.86 was transferred by Marchionda to Rubino Construction from the Wick Properties Llc account . Marchionda from that money, on November 13, 2014 transferred $3,500.00 to Villas Di Tuscany who transferred the money to Roundtable LLC.

75. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, Rubino Construction Inc., and Villas Di Tuscany LlcDate of Offense On or about December 10, 2014

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76. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, Rubino Construction Inc., and Villas Di Tuscany LlcDate of Offense On or about January 8, 2015

unlawfully did conduct or attempt to conduct a transaction knowing that the property involved in the transaction was the proceeds of some form of unlawful activity with the intent to conceal or disguise the nature, location, source, ownership, or control of the property..

Please see Count 82.

77. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, Rubino Construction Inc.,Date of Offense On or about August 25, 2014






80. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, Rubino Construction Inc.,Date of Offense On or about September 4, 2014


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81. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, Rubino Construction Inc.,Date of Offense On or about October 6, 2014






84. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, Rubino Construction Inc.,Date of Offense On or about November 3, 2014





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90. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, Rubino Construction Inc.,Date of Offense On or about December 12, 2014


91. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, Rubino Construction Inc.,Date of Offense On or about December 26, 2014


92. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, Rubino Construction Inc.,

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Date of Offense On or about January 5, 2015


93. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, Rubino Construction Inc.,Date of Offense On or about January 20, 2015






96. Money Laundering, §1315.55, F3Defendants Dominic Marchionda, Rubino Construction Inc.,Date of Offense On or about February 23, 2015


FURTHERMORE, at least one of the incidents of corrupt activity was a felony of the first, second, or third degree, with two incidents being felonies of the First Degree making the sentence for this count mandatory.

ONE HUNDRED FIFTH –COUNT:

DEFENDANT: DOMINIC MARCHIONDA

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DATE: September 30, 2011LOCATION: MAHONING AND TRUMBULL COUNTY, OHIO

did, with purpose to deprive, The Par Golf Tournament and/ or The Rich Center for Autism, the owner, of property or services to wit: Money , beyond the scope of the express or implied consent of the owner or personal authorized to give consent, knowingly obtain or exert control over either the property or services, said property and/or services being one thousand dollars or more but less than seven thousand five hundred dollar in violation of Section 2913.02(A)(2) of the Revised Code, a Felony of the Fifth Degree. Specifically, annually there is a golf outing held at The Lake Club in Mahoning County Ohio to benefit the Rich Center for Autism. The funds from the event are deposited into an account at First National Bank called the PAR Golf Tournament. The tournament is named after the defendant’s deceased brother and sister in law. Funds from the Golf outing are then disbursed by Dominic Marchionda or persons who are on the bank account with him but under his direction or control. As it related to this count Marchionda went to Duma Jewelry in Warren, Trumbull County, Ohio and according to records made the following purchase:

record titled, “House Charge Processed Sale”, that revealed three pieces of jewelry were made. Purchased were an:

A DC 16DG Y Tone Sqmp for $1,495.00, A 16FPCCNY Coconut pin of some type for $100.00

And A ring described as Onyx Heaton Cuff with stones for $1,900.00.

The total sale was for $3,495.00 plus $227.18 in tax for a grand total of $3,722.18. The defendant

paid for the jewelry by writing out and uttering a check from the Par Golf Challenge account for

$1,747.50. The balance was paid on Marchionda’ s personal charge card also on the 28th of

September 2011 for $1,974.68. This sale was for personal jewelry for Jacqueline Marchionda by

Dominic and had nothing to do with any auction.

Respectfully Submitted.Paul GainsMahoning County Prosecutor

By:____________________________Daniel Kasaris (0042315)Special Assistant Mahoning County ProsecutorSenior Assistant Ohio Attorney General615 West Superior Ave. 11th Fl

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Cleveland, Ohio [email protected]

C E R T I F I C A T I O N

I hereby certify that a copy of this Bill of Particulars has been emailed to Attorney John McCaffrey, attorney for the Defendants this ____ day of _______________ 201_.

____________________________Daniel Kasaris (0042315)Special Assistant Mahoning County ProsecutorSenior Assistant Ohio Attorney General

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