Justice Department broke records laws and disbarred federal prosecutor Mark Bennett lied about the existence of illegal voice recordings, new lawsuit alleges

 

  • 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 litigation in Washington, DC, seeks to compel the Justice Department to explain why both the FBI and disbarred federal prosecutor Mark Bennett shifted their explanations concerning the existence and whereabouts of voice recordings made by deceased whistleblower Dawn Pasela, and also seeks a court order that the government must immediately produce these recordings, along with any written notes or related materials.  The suit also seeks to compel the production of records concerning the government’s investigation into wrongdoing by Bennett, Viola v. US Department of Justice, Case # 1:24-cv-02026-TSC.

Background

Tony Viola faced three indictments and two trials on identical charges by a multi-jurisdictional mortgage fraud task force. Accused of stealing $46 million by deceiving banks like JP Morgan into granting 'no money down' mortgage loans, Tony was initially convicted and sentenced to 12 1/2 years in prison. However, Tony uncovered evidence withheld by the Justice Department, proving his innocence in a second trial, and establishing that many of the 1,300 citizens prosecuted by the Task Force may also be innocent.

Dawn Pasela's Crucial Role in Uncovering the Truth:  Dawn Pasela, the Office Manager for Prosecutors Mark Bennett and Dan Kasaris, played a pivotal role in Tony's subsequent acquittal by providing critical evidence, including FBI 302 reports and internal lender documents, which revealed that banks knowingly approved 'no income, no asset' loans. This evidence, suppressed by Prosecutors Mark Bennett and Dan Kasaris before Tony’s first trial, was instrumental in disproving the government's "mortgage fraud" theory of the case.  Dawn offered to testify at Tony’s second trial about wrongdoing by Bennett and Kasaris, and about an affair between Prosecutor Kasaris and government witness Kathryn Clover, but Dawn was found dead in her apartment under suspicious circumstances.  Evidence that Dawn planned on bringing to court – as well as her computer – were also missing from her apartment.

Illegal Voice Recordings in Tony’s case

The Supreme Court has long held that prosecutors are not permitted to interfere with a criminal defendant’s right to prepare for trial; if government officials wish to speak to a defendant, they must do so in the presence of his or her attorney, not illegally record the defendant or otherwise invade the attorney-client relationship or defense trial preparation, Massiah v. United States, 377 U.S. 201 (1964).  In Tony’s case, Bennett and Kasaris broke the law by ordering Dawn to pose as a paralegal working with defense attorneys, record Tony’s discussions with his attorneys, and obtain confidential defense trial strategy information.

Mark Bennett’s Firing, Disbarment and the Statement by the Ohio Supreme Court Chief Justice that Bennett is unfit to practice law

In 2020, the Justice Department fired Bennett for breaking the law.  Subsequently, Ohio Supreme Court Chief Justice Sharron Kennedy found that suspending Bennett from the practice of law is “necessary to protect the public.”  The Court sanctioned Bennett for two years for “widespread” wrongdoing, including his conditioning professional assistance to an intern on her willingness to provide sexual favors, fondling a colleague’s breasts, lying, demanding nude photos and abusing his authority as a prosecutor, Disciplinary Counsel v. Bennett, Slip Opinion No. 2023-Ohio-4752.

Multiple government agencies investigated Mark Bennett, including the Justice Department’s Inspector General, which detailed Bennett’s two decades of wrongdoing, and lying during government proceedings, Report No. 21-055.  During Tony’s case, the Justice Department blamed Bennett for making false statements about evidence, Viola v. Department of Justice, 15-cv-242, WD Pa.  To review government investigative reports and judicial decisions that detail Bennett’s wide ranging criminal activities, kindly consult the FreeTonyViola.com Evidence Locker.

Mark Bennett Shifts his Explanations about Voice Recordings made by Dawn Pasela

In 2024, Bennett was once again caught lying.  After initially claiming that Dawn never made any recordings, Bennett admitted he was, in fact, aware that Dawn was wearing a wire and intruding into the sixth amendment right to counsel prior to the commencement of Tony’s federal trial, USA vs.  Viola, 08-cr-506, N.D. Ohio. 

For over a decade, Bennett repeatedly 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 shifted his explanation:

“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.

Defense attorneys in Tony’s case have confirmed that they never received any voice recordings, or they would have raised the issue in court at the time.

New Evidence that Foul Play was involved in Dawn’s death led to the Seeking Justice Investigative Series; Mark Bennett Responded with Threats to Sue the Series Creators

The suspicious death of Dawn Pasela has never been investigated, but newly discovered evidence and witness statements presented to the Cuyahoga County Sheriff’s Office in 2023 caused the Sheriff to recommend that the case be re-examined.  The City of Parma, Ohio refused, and even denied a request to turn the file over to a law enforcement agency willing to conduct a new inquiry.  The actions of officials in Parma prompted a series of public rallies, media coverage and the Seeking Justice investigative series.  Bennett threatened litigation even though he was a powerful government official who actively sought the limelight and was a “public person” for First Amendment purposes.  Seeking Justice responded with a demand that Bennett identify any statement on the SeekingJusticeMedia.com, JusticeForDawn.com or www.FreeTonyViola.com website that is false, or which (if any) documents are not authentic.  Once challenged to name any inaccuracies, Bennett never responded. Bennett’s threats of litigation are posted in the FreeTonyViola.com Evidence Locker.

Senior Assistant Ohio Attorney General Dan Kasaris also Caught Lying about Dawn’s role in Tony’s case

Prior to Tony’s federal trial, both Prosecutor Bennett and Kasaris each informed defense attorneys that there were no recordings or wiretaps in the case.  Kasaris subsequently shifted his explanation after Tony’s acquittal at his second trial, claiming that Dawn did make voice recordings, but they were of poor sound quality and not helpful to the defense.   In 2022, Kasaris blamed Dawn for making the recordings, claiming she volunteered to make the first few recordings and may have acted on her own and without authorization while she continued to interact with Tony. 

FBI Agent Jeff Kassouf now admits that he listened to tapes but no longer possesses the recordings because he shifted them from the US Attorney’s Office to the multi-jurisdictional Task Force location and no longer is in possession of the recordings.  FBI headquarters in Washington claimed it made false statements about evidence because of “the lack of oversite” over Agent Kassouf, who forwarded “the physical file” to his supervisors while failing to produce records he stored electronically.  “The FBI relied on the physical file with a belief it was complete,” when, in fact, Agent Kassouf retained personal control over key evidence, Viola v. US Department of Justice, 15-cv-242, WD Pa, Docket # 164.

Current Status of Litigation and Comment from Tony Viola

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]. AUSA Venguswamy recently requested an extension of time until late November to respond to the suit.

“The fact that Mark Bennett and Dan Kasaris are blaming Dawn for their illegal actions is completely unacceptable,” said Tony Viola.  “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 an order in federal court that the voice recordings Dawn made must be produced, and that all evidence and all records concerning the abuse of authority by powerful government officials be turned over to my legal and investigative team without further delay.”

To learn more about the suspicious death of Dawn Pasela, please visit www.JusticeForDawn.com.  To learn more about the prosecution of Tony Viola, and his subsequent exoneration at a second trial, please visit www.FreeTonyViola.com.

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