New Lawsuit Reveals Evidence Suppression and Prosecutorial Misconduct

Key Highlights:

  • Whistleblower Dawn Pasela was found dead in her apartment under suspicious circumstances as she was about to testify about illegal voice recordings and wrongdoing by prosecutors in Cleveland
  • Disbarred Federal Prosecutor Mark Bennett recently shifted his explanation concerning the whereabouts of voice recordings made by Dawn, now claiming that he and the FBI possessed these materials after previously insisting he was unaware of any tapes
  • Yale Law School and Attorney Kim Corral are currently pursuing companion litigation, following admissions by the FBI and Justice Department that each lied about evidence in what prosecutors called the ‘Nation’s Largest Mortgage Fraud’ case

New Lawsuit Seeks Accountability from the Justice Department

Recent litigation filed in Washington, D.C. (Viola v. U.S. Department of Justice, Case # 1:24-cv-02026-TSC) seeks to compel the Justice Department to release evidence linked to illegal voice recordings made by whistleblower Dawn Pasela. The lawsuit also aims to uncover why the government has repeatedly shifted its explanations about these recordings and their whereabouts.

This litigation exposes critical failures by Federal Prosecutor Mark Bennett, the FBI, and other government officials in their handling of evidence during Tony Viola’s trials.

Tony Viola's Wrongful Conviction and Suppressed Evidence

Tony Viola faced indictments and two trials on identical charges, accused of defrauding banks in what prosecutors called the "Nation’s Largest Mortgage Fraud" case. He was convicted and sentenced to 12 ½ years in prison in the first trial. However, at his second trial, Tony was acquitted after uncovering evidence suppressed by the Justice Department, proving his innocence.

The suppressed evidence included FBI 302 reports and internal lender documents that exposed the complicity of banks in approving "no income, no asset" loans. This evidence not only cleared Tony but suggested that many of the 1,300 individuals prosecuted by the mortgage fraud task force may have been wrongfully convicted.

Dawn Pasela’s Courageous Role in Exposing the Truth

Dawn Pasela, the Office Manager for Prosecutors Mark Bennett and Dan Kasaris, was instrumental in overturning Tony Viola’s wrongful conviction. She provided crucial evidence, including FBI 302 reports and internal lender documents, that exposed how banks knowingly approved "no income, no asset" loans—key to disproving the government’s flawed "mortgage fraud" theory.

This evidence, deliberately suppressed by Mark Bennett and Dan Kasaris before Tony’s first trial, played a pivotal role in Tony’s acquittal. Dawn also offered to testify at the second trial about:

  • Prosecutorial misconduct by Mark Bennett and Dan Kasaris.
  • The affair between Dan Kasaris and government witness Kathryn Clover raised serious ethical concerns.

Tragically, Dawn was found dead in her apartment under suspicious circumstances before she could testify. Key evidence she planned to present, including her computer, was missing from the scene. Her death remains unexplained, fueling calls for accountability and justice.

Illegal Voice Recordings and Sixth Amendment Violations

The Supreme Court has long prohibited prosecutors from interfering with defendants’ Sixth Amendment rights under Massiah v. United States. However, in Tony’s case:

  • Mark Bennett and Dan Kasaris ordered Dawn to pose as a paralegal, secretly recording Tony’s discussions with his defense attorneys.
  • These recordings provided prosecutors with confidential defense strategies.

While Bennett initially denied the existence of these recordings, he later admitted to knowing about at least one recording. His shifting explanations are central to ongoing litigation.

Mark Bennett’s Firing, Disbarment, and Declared Unfitness to Practice Law

In 2020, the Justice Department fired Federal Prosecutor Mark Bennett for breaking the law. Shortly after, Ohio Supreme Court Chief Justice Sharron Kennedy deemed suspending Bennett from practicing law "necessary to protect the public." In Disciplinary Counsel v. Bennett (Slip Opinion No. 2023-Ohio-4752), the Court sanctioned Bennett for two years due to "widespread" misconduct, which included:

  • Conditioning professional assistance to an intern on her willingness to provide sexual favors.
  • Fondling a colleague’s breasts and demanding nude photos.
  • Lying during legal proceedings and abusing his authority as a prosecutor.

Multiple government agencies, including the Justice Department’s Inspector General, investigated Bennett’s extensive history of wrongdoing. In Report No. 21-055, the Inspector General documented two decades of misconduct, including lying during federal proceedings.

During Tony Viola’s case, the Justice Department explicitly blamed Bennett for making false statements about evidence (Viola v. Department of Justice, 15-cv-242, WD Pa.). To access investigative reports and judicial decisions detailing Bennett’s criminal activities, visit the FreeTonyViola.com Evidence Locker.

Mark Bennett Shifts His Explanation About Voice Recordings Made by Dawn Pasela

In 2024, Mark Bennett was again caught in a lie. After years of denying the existence of recordings made by Dawn Pasela, Bennett admitted to being aware that Dawn had worn a wire to record conversations with Tony Viola’s defense team. This admission confirmed an egregious violation of Tony’s Sixth Amendment right to counsel (USA vs. Viola, 08-cr-506, N.D. Ohio).

For over a decade, Bennett had made false statements in federal court, including this one:

“Viola claims … Dawn Pasela secretly recorded conversations with Viola, post indictment. Viola also argues that prosecutors used cancelled checks from Pasela’s contributions to Viola’s legal defense fund to identify the fund’s bank account. … Viola’s claims of government misconduct relating to Pasela are not true … claims of government misconduct with respect to Pasela is blatantly untrue.”
(USA v. Viola, 08-cr-506, N.D. Ohio, Docket # 483, page 21)

In 2024, Bennett changed his story, claiming:

“As part of trial preparation, the FBI Agent assigned to the federal trial learned of the recording from one of the agents working on the state prosecution case. Mr. Bennett immediately instructed the FBI agent to obtain a copy of the one recording and listen to the recording … Bennett advised the Agent to make copies … and provide it to defense counsel.”
(2024 letter from Attorney Michael P. Harvey)

Despite these claims, defense attorneys in Tony’s case confirmed they never received any voice recordings. If they had, they would have raised the issue during the trial.

New Evidence and the Seeking Justice Investigative Series

In 2023, newly uncovered evidence and witness statements led the Cuyahoga County Sheriff’s Office to recommend reopening the investigation into Dawn Pasela’s death. However, the City of Parma, Ohio refused to cooperate, declining to transfer the case to a willing law enforcement agency.

This refusal prompted public rallies, media coverage, and the launch of the Seeking Justice investigative series. Despite Bennett’s threats of litigation, the series continued to expose his misconduct. Bennett was challenged to identify any false statements or inauthentic documents on SeekingJusticeMedia.com, JusticeForDawn.com, or FreeTonyViola.com. He failed to respond, reinforcing the credibility of the claims against him.

Details of Bennett’s threats are available in the FreeTonyViola.com Evidence Locker.

Senior Assistant Ohio Attorney General Dan Kasaris Caught Lying About Dawn Pasela’s Role

Prior to Tony’s federal trial, both Mark Bennett and Dan Kasaris told defense attorneys that there were no recordings or wiretaps in the case. After Tony’s acquittal in his second trial, Kasaris reversed his stance, claiming:

  • Dawn’s recordings existed but were of “poor sound quality” and “not helpful to the defense.”

In 2022, Kasaris went further, blaming Dawn for the recordings, stating she acted on her own without authorization while interacting with Tony.

FBI Agent Jeff Kassouf’s Mishandling of Recordings

FBI Agent Jeff Kassouf admitted to listening to Dawn Pasela’s recordings but claimed he no longer possesses them. He explained that he had transferred the recordings from the U.S. Attorney’s Office to the multi-jurisdictional Task Force location and retained control over key evidence.

In Viola v. US Department of Justice (15-cv-242, WD Pa, Docket # 164), the FBI headquarters stated:

“The FBI relied on the physical file with a belief it was complete,” acknowledging false statements were made about evidence due to "a lack of oversight" over Agent Kassouf.

Kassouf’s failure to produce electronic records highlights systemic issues in evidence handling during Tony’s prosecution.

Current Status of Litigation and Tony Viola’s Statement

The Justice Department is represented by Assistant United States Attorney Kartik N. Venguswamy of the U.S. Attorney’s Office for the District of Columbia, phone number (202) 252-1790, email address [email protected]. Venguswamy recently requested an extension of time until late November to respond to Tony’s lawsuit.

Tony Viola emphasized:

“The fact that Mark Bennett and Dan Kasaris are blaming Dawn for their illegal actions is completely unacceptable. We owe it to Dawn to uncover the truth about exactly what happened and who is responsible for her death. I am hopeful this new litigation will lead to a court order requiring the release of all evidence and records concerning the abuse of authority by powerful government officials.”

Learn More About Dawn’s Death and Tony’s Case