An indictment was unsealed today charging two Ohio men with a bribery scheme involving a municipal prosecutor who allegedly agreed to assist a criminal defendant with his pending cases in exchange for auto repair work.
According to the indictment, Nicholas Graham, 52, of Warren, served as a prosecutor representing the City of Warren in Warren Municipal Court. Brian Votino, 52, of Niles, had two criminal cases pending in the same court. The indictment claims that in October 2019, Graham and Votino agreed that Graham would take actions to benefit Votino regarding his criminal cases in return for Votino performing repairs on Graham’s truck. To conceal the bribery arrangement, Graham instructed Votino through an intermediary to falsify a bill for the repair services and not to inform Votino’s criminal defense lawyer. According to the indictment, Graham and Votino ultimately carried out their agreement. In exchange for the repair work by Votino, Graham took official action to reduce the charges against Votino and advocated for a lenient sentence.
Graham and Votino are charged with one count of conspiracy, one count of honest services wire fraud, and one count of Hobbs Act extortion. If convicted on all counts, they each face a maximum penalty of 45 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; U.S. Attorney Rebecca C. Lutzko for the Northern District of Ohio; and Special Agent in Charge Gregory D. Nelsen of the FBI Cleveland Field Office made the announcement.
The FBI Cleveland Field Office is investigating the case.
Trial Attorney Blake J. Ellison of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Elliot Morrison for the Northern District of Ohio are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.