The mammoth 2019 energy rescue package scandal seemed to be getting closer to the government of Ohio’s Governor Mike DeWine on Thursday.
FirstEnergy said in a deferred law enforcement agreement that the man DeWine appointed head of Ohio’s Public Utility Commission took a payment of $ 4.3 million and then on behalf of the Akron-based energy company in lieu of the top regulatory agency of the state acted.
That man, Sam Randazzo, has resigned.
But FirstEnergy also helped control a 501 (c) (4) “dark money” group set up by a senior DeWine advisor when he was a FirstEnergy lobbyist, the agreement showed. The company headed under a successful $ 61 million expense to buy a $ 1.3 billion rescue package funded by the installment payers, the document signed by FirstEnergy says.
While acting US Attorney Vipal J. Patel beat up the dark money group, DeWine and the adviser, Legislative Director Dan McCarthy, did not respond to requests for comment. DeWine has steadfastly defended McCarthy since the scandal started almost exactly a year ago.
Patel held a press conference in Cincinnati Thursday to announce that his office had a Deferred charge agreement with FirstEnergy. The company will pay $ 230 million and, if it meets the terms of the deal, drop a conspiracy charge.
Former Ohio House Speaker Larry Householder, R-Glenford, has been charged on the case. He was stripped of his spokesmanship last year and was expelled from the House earlier this year.
Two of the Householder employees indicted in the case pleaded guilty and a third, Neil Clark, took his own life March.
For its part, FirstEnergy fired CEO Chuck Jones and two other executives and is conducting its own investigation.
In Cincinnati, Patel stressed on Wednesday that the investigation was ongoing. But he didn’t want to comment on anything other than the agreement with FirstEnergy.
DeWine advisor McCarthy has not been charged and last summer denied wrongdoing. But Partners for Progress, the black money group he founded, was the subject of the indictment agreement.
McCarthy, then FirstEnergy lobbyist, founded it, “Weeks after certain executives at FirstEnergy Corp. traveled with (Householder) in the FirstEnergy Corp. jet for inauguration (of Donald Trump) in January 2017, ”the agreement says.
The indictment agreement added, “Although Partners for Progress looked like an independent 501 (c) (4) on paper, in reality it was in part used by certain former executives of FirstEnergy Corp. controls who funded them and directed their payments to companies associated with public officials.
“For example, FirstEnergy Corp. formed Partners for Progress and decided to incorporate the company in Delaware, not Ohio, as Delaware law made it more difficult for third parties to get background information about the company. Certain executives at FirstEnergy Corp. were also involved in the selection of the three directors of Partners for Progress, two of whom were lobbyists for FirstEnergy Corp. were.”
Millions would flow through Partners for Progress while McCarthy was its president, and tens of millions more would later run through it and into the furious efforts to get the bailout off after McCarthy stepped down to become DeWine’s director of legislative affairs in early 2019 .
The indictment agreement also appears to designate McCarthy as “Official Advisor 1” as he worked on DeWine’s behalf to enforce the bailout that DeWine would sign later that year.
It cited emails from energy managers saying Official Aide 1 and others were “fighting” to extend the life of a rescue package for two failed nuclear reactors in Northern Ohio. It also cites a text message discussion between a FirstEnergy manager and the aide about language that would make it harder to challenge the bailout in a referendum.
And at the press conference, Patel said the scandal would never have happened had it not been for the black money group, of which McCarthy was president, and another, Generation Now, pleaded guilty.
“This effort would not have been possible – in terms of both the type and the amount of money provided – without the use of 501 (c) (4) s,” said Patel.
The acting US attorney described the plan and even the name of McCarthy’s former black money group as dishonest.
“According to the (tax) code, these should be charities. Do you all see a lot of welfare? Not me, “said Patel, adding,” What about those names? Partner for progress? Which partners are there here? The conspirators? How is the progress? Carrying out (saving energy) through bribery?
While DeWine’s office did not answer questions on Thursday, the governor defended its director of legislative affairs in February.
“As far as I know, Dan McCarthy was respected for many, many years, long before he was our legislative director, and I have confidence in his integrity,” said DeWine.
For Dayton Mayor Nan Whaley, a Democrat who challenges DeWine in the 2022 election, that’s not good enough.
“Today’s charges make it clear that this corruption case is reaching the highest levels of government in Ohio,” she said in a statement. “Enough is enough. It is time for Governor DeWine to speak about his knowledge and involvement in this scandal.”
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