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Wednesday, June 30, 2010

PROSECUTOR FERRERO HAS UNTIL JULY 6TH AT 4:30 PM TO FILE A CIVIL SUIT AGAINST STARK CO TREASURER GARY ZEIGLER TO RECOVER MISSING FUNDS NOT COVERED BY BONDS, INSURANCE OR OTHER SOURCES. IF FERRERO DOES NOT ACT, ATTY CRAIG T. CONLEY (FOR CLIENT TOM MARCELLI) SAYS HE WILL!





 THE LATEST
This paragraph is in a letter from Attorney Craig T. Conley to Civil Prosecutor Deborah Dawson sent late Wednesday.

Dawson, being directed by Stark County Prosecutor John Fererro to do so, had written Conley in response to Conley's letter to Ferrero earlier in the day (see Conley first letter below).

Here is an excerpt of Dawson's letter wherein she says that the Marcelli/Conley request is not refused, but that it would be imprudent to proceed now inasmuch as the amount of deficiency after bonds, insurance and other sources have been tapped into is not known.



THE BACKGROND

Attorney Craig T. Conley has written Stark County Prosecutor John Dee Ferrero on behalf of his client Thomas Marcelli (a Stark County taxpayer and property owner) asking Ferrero to take action in Marcelli's name for the benefit of all Stark Countians to recover missing funds, not covered by bonds, insurances and other resources, against Stark County Treasurer Gary D. Zeigler on the matter of former Stark County Chief Deputy Vince Frustacil having plead guilty in federal court to having taken about $2.46 million in county funds. 

A copy of Conley's entire letter is included at the end of this blog.

The SCPR applauds Marcelli for enlisting Conley's assistance to get the ball rolling on this matter.  Stark County commissioner candidate (full term) Janet Creighton, months ago, advocated to yours truly that Zeigler be held accountable by county officials when the missing amount became known.

Conley's letter is a prelude to the possibility that Conley will be the attorney who litigates the case.  Ohio law requires that the prosecutor get the first opportunity.   However, Conley tells The Report, if Ferrero does not act within 30 days, then he is empowered to file the claim with Marcelli being  as an ex rel. case.

Conley says he relishes have the opportunity to proceed.  Moreover, he points out that it is important for any civil suits to be filed now so as to put Stark County interests ahead - in terms of priority - of and bondholders who are awaiting sentencing (of former Chief Deputy Deputy Vince Frustaci, who has pleaded  and payment on any bonds that may be payable to Stark County

At Wednesday's regular Stark County commissioners' meeting SCPR asked the commissioners for their reaction to the Conley letter.  Here is the video of their responses.

Here is a copy of Conley's first letter:

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