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

Wed, 06 Nov 2024 16:46:31 +0000

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 KVenguswamy1@usa.doj.gov. 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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Guest blogger Si Parianos highlights Robert Ruark’s wrongful conviction

Sun, 13 Oct 2024 23:32:45 +0000

Hi everyone, as you know, the FreeTonyViola.com Blog welcomes guest bloggers to share their stories and perspectives. This week, I’m delighted to welcome Si Parianos to our site. Si is an Australian school teacher, advocate, and documentary filmmaker currently producing a documentary focused on the wrongful conviction of Robert J. Ruark. Si’s blog highlights the story of Robert Ruark’s wrongful conviction and the crusade by his family and supporters asking Governor DeWine to commute his sentence. As always, your thoughts or suggestions are welcome and appreciated, so please post your comments below or contact Si directly at paros.films@gmail.com. Thanks for reading our blog!

"A convicted murderer and rapist of a little girl was sentenced to death. Years later, he was exonerated. In 1993, DNA proved Kirk Bloodsworth’s innocence—he was the first death row inmate to be exonerated by DNA evidence. Since that landmark case, the Innocence Project reports that 570 wrongful convictions have been overturned through DNA testing. These convictions were often based on flawed evidence, such as bite marks, fingerprint analysis, carpet fibers, and eyewitness testimonies. Sometimes, the eyewitnesses were the victims themselves. Most exonerees spent decades in prison before they were freed. But what about the innocent people for whom no DNA evidence exists?

The legal standard to overturn a conviction is "clear and convincing evidence," an extremely high bar to meet without DNA evidence. This leaves many wrongfully convicted individuals languishing in prison, trapped in a system built more for retribution than for justice.

I am the voice for Robert J. Ruark and others like him. He is one of the many wrongfully convicted people for whom DNA cannot provide exoneration. According to Columbia Law professor James Liebman, incompetent defense lawyering accounts for one-third of wrongful convictions. Robert's case is part of that statistic. His trial counsel was incompetent on every level.

Robert Ruark was defending his brother from armed trespassers who violently assaulted the teenager at gunpoint in their mother’s yard. Nearly 10 witnesses and the three guns found at the scene supported Robert’s self-defense claim. The trespassers were dangerous men—the deceased was out on bond for attempted murder. One of the victims, who Robert and the witnesses say pointed a gun at his brother’s face, was later charged with two counts of felonious assault, witness intimidation, and weapons violations after he attempted to kill the mother of Robert’s children so she would not testify at his trial. Any competent lawyer could have prevented Robert from being found guilty of murder.

Robert spent 18 months in county jail. His lawyer placed him in segregation for the final 90 days leading up to the trial. During his time in jail, self-defense was the only defense discussed and decided. Robert began to doubt his lawyer’s abilities a few months before the trial and tried to fire him. The court discussed this just before the trial began, but Chris Cicero, his lawyer, manipulated the judge into allowing him to continue as Robert’s defense counsel.

Halfway through the trial, Cicero asked Robert if they were still pursuing a self-defense argument. Robert replied, "Of course." Yet, a few days later, Cicero manipulated Robert into abandoning the self-defense claim altogether. Cicero has since been permanently disbarred for his manipulative and unethical tactics. In the end, there was no defense presented on Robert's behalf. Not one of the 10 witnesses waiting outside the courtroom was called to testify for him. No explanation of the events of that night was ever given. Robert was found guilty of murder and sentenced to 31 years to life in prison.

Robert cannot meet the “clear and convincing evidence” standard required to be awarded a new trial. Despite this, we continue to fight to clear his name. Our only option now is to ask Ohio’s governor to show mercy and grant him clemency. Robert has been imprisoned for over 16 years. He’s missed countless milestones in his four children’s lives. Despite this, he has continued to parent them from inside prison walls, guiding them through school and into college, with their careers soon to follow. Robert has maintained hope and has inspired both those inside and outside the prison to find purpose and contribute positively to the world through their actions.

Hundreds of people have heard Robert’s plea and signed his clemency petition, but we need thousands more to bring him home. Nearly a dozen prison administrators who have known Robert throughout his incarceration have written letters of support to the governor, urging his early release. Please join us in supporting Robert’s fight for freedom by signing the petition at change.org/freerobert2026 to demonstrate that we will no longer be silenced about wrongful convictions."

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EPIC- Ensuring Parole for Incarcerated Citizens – Hosting Fourth Annual Wrongful Conviction Rally Wednesday, October 2nd at Noon, Cuyahoga County Justice Center, West 3rd and Lakeside Ave. in Downtown Cleveland

Tue, 03 Sep 2024 14:39:06 +0000

EPIC- Ensuring Parole for Incarcerated Citizens – Hosting Fourth Annual Wrongful Conviction Rally Wednesday, October 2^nd at Noon, Cuyahoga County Justice Center, West 3rd and Lakeside Ave. in Downtown Cleveland

Featured speakers include Exonerees, Ohio Supreme Court Justice Michael P. Donnelly and Attorney Kim Corral
Cuyahoga County Prosecutor Michael O’Malley was invited to speak but declined
Event livestream will be available at https://www.youtube.com/@gbentmedia and archived thereafter.
Event Co-Sponsors include Justice For Dawn Pasela (JusticeForDawn.com) as well as FreeTonyViola.com

For Additional Information: Kindly contact Event Organizer Jeanna Kenney at Epicxteam2020@gmail.com

Cleveland, Ohio – September 3, 2024 – FreeTonyViola announced today that it is co-sponsoring the EPIC’s (Ensuring Parole for Incarcerated Citizens) fourth annual rally on October 2^nd at Noon to bring much needed attention of the horrific injustices wrongful convictions create to the community. According to The National Registry of Exonerations, there have been at least 3,585 judicially recognized exonerations since 1989, constituting more than 31,900 years lost. Locally, Cuyahoga County is regarded as the epicenter of wrongful convictions in the State of Ohio, with far more exonerees than any other community, including many citizens who spent decades incarcerated for crimes they did not commit.

Wrongful Conviction Day is a national event across the nation designed to raise awareness of the causes and remedies of wrongful conviction and to recognize the tremendous personal, social, and emotional costs of wrongful conviction for innocent people and their families. The event began as an effort of the Innocence Network, an affiliation of organizations dedicated to providing pro-bono legal and investigative services to individuals seeking to prove innocence of crimes for which they have been convicted, working to redress the causes of wrongful convictions, and supporting the exonerated after they are freed.

In advance of his appearance at the event, Ohio Supreme Court Justice Michael P. Donnelly stated that “A wrongful conviction is the worst form of injustice that can occur in our system and we should do everything we can to prevent it on the front end from happening, but also take steps to reform the post-conviction process to remedy wrongful conviction as soon as possible.”

Attorney Kim Corral, whose law firm works extensively on post-conviction litigation, stated the following: “As always, I am honored to participate in Cuyahoga County's Wrongful Conviction Day. It is crucially important to spread awareness about the all too common-place occurrence of wrongful convictions. It is also an important opportunity to remind those harmed by wrongful conviction that they are not forgotten, that we have not tired in their fight for justice and that the community is calling for change.”

Ed and Karen Pasela, the parents of the late Dawn Pasela, said, “We are so happy to support Wrongful Conviction Day, because our daughter Dawn fought so hard for justice and did everything she could to prevent wrongful convictions, details at www.JusticeForDawn.com.” Tony Viola, who was exonerated at a second trial after an initial conviction, said, “Wrongful convictions aren’t mistakes but intentional wrongdoing by prosecutors, who start with a conclusion and target people for prosecution, then hide or destroy evidence that doesn’t comport with their theory of the case. Ending rampant injustices and intentional wrongdoing by prosecutors should be a priority for all officials in our government.”

Event organizer Jeanna Kenney added, “If you have a loved one incarcerated who is fighting a wrongful conviction, we encourage you to join us, bring your family, and join us in solidarity to be boots on ground to #BringTheCrowdDowntown! We are also asking for help sharing the event on your social media pages and by inviting family and friends in person or by sharing our Facebook invitation: https://facebook.com/events/s/wrongful-conviction-dayawaren/510294401530399/ Also, we would welcome additional speakers and sponsors, so please reach out for further details.”

ABOUT EPIC- Ensuring Parole for Incarcerated Citizens: EPIC is a 501 (c)(3) nonprofit organization advocating for fair laws and treatment within our penal system. We are currently fighting hard on Parole Reform and the treatment of incarcerated citizens throughout Ohio. We are a team built with amazing individuals who are passionate and dedicated to bring those deserving of a second chance HOME!

ABOUT ATTORNEY KIMBERLY KENDALL CORRAL: Kimberly Kendall Corral has successfully and aggressively defended a wide range of criminal cases from misdemeanors to capital homicide cases. Kim represents clients at all levels of criminal justice advocacy. This includes investigation, indictment, pre-trial motions practice, trial, direct appeals, post-conviction remedies, jurisdictional appeals, habeas corpus, and wrongful conviction litigation. Kim was invited to the Oval Office to discuss a client’s pardon with the President of the United States and White House Counsel. She was honored as a Rising Star in 2019 by Super Lawyers. Additional information about Attorney Kimberly Corral’s law practice and recent accomplishments can be found on her website, www.kimlawcrimlaw.com.

ABOUT FREETONYVIOLA.COM: FreeTonyViola.com’s mission is to shine a bright spotlight on the ‘win at all costs’ tactics, prosecutorial overreach and misconduct the United States Department of Justice employs when prosecuting American citizens. Tony Viola was investigated by the Cuyahoga County Mortgage Fraud Task Force, a multi-jurisdictional task force comprised of state, local and federal agencies, and prosecuted in parallel federal and state cases. He lost the federal case but was exonerated at a subsequent state trial. The website, originally created to solicit leads for Tony’s investigative team, has evolved into a tool to keep the public informed about critical developments in his case, and to share information that could potentially assist others who have been wrongfully ensnared by our criminal justice system. For additional information, visit http://www.FreeTonyViola.com, friend us on Facebook at https://www.facebook.com/tony.viola.9212, or follow us on Twitter @TonyViola.

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Newly Obtained Records confirms the FBI Destroyed Evidence in Tony Viola’s Criminal Case, while Disbarred Federal Prosecutor Mark Bennett Now Admits he possessed voice recordings made by Dawn Pasela

Thu, 01 Aug 2024 20:26:58 +0000

Newly Obtained Records confirms the FBI Destroyed Evidence in Tony Viola’s Criminal Case, while Disbarred Federal Prosecutor Mark Bennett Now Admits he possessed voice recordings made by Dawn Pasela

Records obtained in July, 2024 detail the destruction of files and evidence during pending court proceedings, despite court orders to produce records and voice recordings
FBI and Justice Department earlier admitted lying about evidence, see Viola v. U.S. Department of Justice, et. al., case # 15-cv-242, WD Pa and # 22-2186, U.S. Court of Appeals for the Third Circuit, brief by Yale Law School.
Disbarred federal prosecutor Mark Bennett now admits he was aware of voice recordings made by Dawn Pasela – who wore a wire and recorded defense trial strategy sessions. Previously, in response to a court order to produce these recordings, Bennett vociferously denying such tapes existed
FBI Agent Jeff Kassouf implicated in evidence destruction, illegal voice recordings

For Immediate Release

Cleveland, Ohio – August 2, 2024 -- FreeTonyViola.com announced today that it obtained documents from the FBI detailing the destruction of evidence during its prosecution of Tony Viola, who was convicted and imprisoned for a decade, then subsequently exonerated at a second trial. Newly obtained records detail the “disposing of the documents by shredding and discarding” per a 2/5/2018 email, produced by the FBI on July 18, 2024.Some documents “associated to the [redacted] Viola trial have been separated and secured,” but so-called INVESTIGATIVE materials were destroyed.Extensive redactions make it difficult to ascertain exactly what documents are considered “trial” records versus “investigative” records.This latest bombshell about the destruction of evidence follows a litany of wrongdoing concerning evidence in cases prosecuted by a multi-jurisdictional Mortgage Fraud Task Force.

Following receipt of the documents, which are available in the FreeTonyViola.com Evidence Locker, an appeal to the Justice Department’s Office of Information Policy was filed, asking the Justice Department to inform the federal courts about the evidence destruction, and objecting to all redactions. Both the FBI and Justice Department have repeatedly redacted records and documents or simply refused to provide information, citing fake concerns about “privacy.” These “privacy” claims are undermined by the fact that FBI Agent Jeff Kassouf testified at multiple public trials and Mark Bennett actively sought the limelight while prosecuting mortgage fraud cases, appearing at press conferences, in press releases and even receiving an award for prosecuting Tony.

The Suspicious Death of Dawn Pasela

Born in 1985, Dawn (pictured above) graduated at the top of her class at Cleveland State and at Cuyahoga County Community College, and was hired by Prosecutors Dan Kasaris and Mark Bennett as Office Manager of a multi-jurisdictional Mortgage Fraud Task Force. One of the cases 1,000 cases prosecuted by the Task Force was that of real estate broker Tony Viola, who was indicted in both state and federal court for stealing $46 million in what prosecutors claimed was the “nation’s largest mortgage fraud case.” Tony never engaged in any mortgage origination, lending, underwriting or processing and never borrowed any funds himself, and maintained his innocence. When Bennett and Kasaris discovered their case against Tony was riddled with factual errors, they became concerned their high-profile case was about to fall apart. Instead of dismissing the case, they took the extraordinary step of directing Dawn to pose as paralegal working with local defense attorneys on similar cases, then offer to assist Tony’s defense. Dawn recorded a series of post-indictment conversations so prosecutors could obtain confidential defense trial strategy information. Kasaris and Bennett also ordered Dawn to donate funds towards Tony’s legal fees so they could use her cancelled checks to identify the law firm's bank account. During this undercover operation, Dawn became concerned that these actions were wrong and that prosecutors were withholding key evidence in many Task Force’s prosecutions. Dawn offered to testify about prosecutorial misconduct but never made it to court. She was then found dead in her apartment under suspicious circumstances, details at www.JusticeForDawn.com.

Background – Admissions of Lying about Evidence

In 2015, Tony filed suit against the Justice Department and the Task Force, alleging that prosecutors Bennett and Kasaris, along with FBI Agent Jeff Kassouf, shifted exculpatory evidence between locations and jurisdictions to hide it before his first trial. The government initially claimed that the Task Force was a purely local endeavor, and the federal government was not responsible to search for evidence stored at the Task Force, or for any misconduct that took place there. Those statements were contradicted by the government’s own documents, which showed that the FBI repeatedly forwarded federal evidence to the Task Force location, and that the Task Force was federally funded and staffed by multiple federal agencies. Because the government’s own documents contradicted the government’s statements in its court pleadings, the Justice Department was ordered to conduct a new search for records, which resulted in both the FBI and Justice Department each admitting they made false statements about evidence in Tony’s case. Years of additional litigation followed, Viola v. Department of Justice, et. al., case number 15-cv-242, W.D. Pa. In that same litigation, FBI Agent Kassouf admitted listening to tapes made by Dawn Pasela, the Task Force’s Office Manager, who was ordered to secretly record defense trial preparation sessions. According to Agent Kassouf, he could not produce those tapes because he sent them to the Task Force location.

In 2021, attorney Jaye Schlachet stated that his client and government witness Kathryn Clover, who had an affair with Prosecutor Dan Kasaris, was allowed to access and destroy evidence inside the Prosecutor’s Office. According to Schlachet, Clover’s “attempt to destroy evidence … was done for the purpose of defending against her own criminal prosecution and not to impede” Viola’s defense, Viola v. Clover, CV-20-936897, Cuyahoga County Common Pleas Court.

Later in 2022, the United States Court of Appeals appointed The Yale Law School Appellate Clinic and the Law Firm of Wiggin and Dana to represent Tony Viola on a Pro Bono basis in Viola v. Department of Justice, et. al., case number 22-2186, U.S. Court of Appeals for the Third Circuit, Yale Law School Appellate Brief uploaded in the FreeTonyViola.com Evidence Locker.

Mark Bennett’s Firing and Disbarment Proceedings

Mark Bennett’s wide ranging criminal activities throughout Tony Viola’s criminal proceedings include

Directing his Office Manager, Dawn Pasela, to illegally record a series of post-indictment conversations with Tony so prosecutors could obtain confidential defense trial strategy information, then failing to turn over the recordings made by Ms. Pasela, in violation of Federal Rule of Criminal Procedure 16.

Covering up an affair between Prosecutor Dan Kasaris and government witness Kathryn Clover while Clover testified in criminal cases, then knowingly using Clover’s perjured testimony – see Bennett admission, USA v. Clover, 10-cr-75, ND Ohio, Docket # 46 and Clover PSI report, where Bennett claimed it was “in the interests of justice” to use perjured trial testimony in order to “win” the case.

Lying about the existence of a “conflict of interest” waiver to joint defense by multiple defense attorneys at trial, when no such conflict waiver exists, Viola v. Bennett, Viola v. Bennett, No. 17-cv-456, ND Ohio.

In 2020, Bennett was fired by the Justice Department for serious misconduct, see Inspector General Report Number 21-005 and Disciplinary Counsel v, Bennett, # 2022-034.

According to Ohio Supreme Court Chief Justice Sharon Kennedy, Bennett is not fit to practice law because “Bennett’s actions tainted the public trust. His conduct … undermined the credibility of and public faith in government, impeded the common good, and were not in the best interests of the American people ... he was also a representative of the United States and possessed all the powers that comes with that position. His actions demeaned both the legal profession and his government office,” Ohio Supreme Court Opinion No. 2023-Ohio-4752.

Bennett Changes his Story about Dawn Pasela

During Tony’s criminal proceedings and in post-conviction proceedings, Bennett continuously maintained that allegations that Dawn wore a wire or donated funds toward his legal fees were false, writing:

“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, 6/16/15.

As of 2024, following his disbarment proceedings, Bennett claims:

“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 to Seeking Justice from Attorney Michael P. Harvey.

Multiple defense attorneys have stated in writing that Bennett’s statement is false, and that they never received any voice recordings, or they would have raised the issue in court at the time.Moreover, Bennett’s 2024 statements constitutes newly discovered evidence that he failed to comply with his constitutional responsibilities to provide the defense with recordings with a defendant’s voice on them before trial.

NEXT STEPS IN TONY’S QUEST FOR JUSTICE

Post-conviction litigation in Tony’s case has gone on for over a decade, and can be summarized as follows:

Attorney Kim Corral has called for a new investigation into the death of Dawn Pasela
Yale Law School submitted its brief about misconduct in Tony’s case in early 2023, and, following oral arguments, is awaiting a ruling by the Court
Tony’s investigative team continues to seek all records and evidence in his case, and multiple records cases are pending in the courts
An ongoing investigation by former FBI Agent Bob Friedrick is continuing. Any leads can be sent to Mr. Friedrick at Bob@FAInvestigations.com
A $10,000 reward is being offered for any information leading to the arrest of a suspect in the killing of Dawn Pasela. This reward follows an investigative series by Seeking Justice, details at www.SeekingJusticeMedia.com.

To learn more about what happened to Dawn Pasela, kindly visit www.JusticeForDawn.com. To learn more about the criminal prosecution of Tony Viola, and how he established his innocence at a second trial, or to view any of the documents mentioned in this press release, kindly visit www.FreeTonyViola.com.

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Disbarred Federal Prosecutor and Sexual Predator Mark Bennett Threatens to Sue Cold Case Volunteers Looking into the Suspicious Death of Whistleblower Dawn Pasela

Thu, 13 Jun 2024 20:09:37 +0000

Disbarred Federal Prosecutor and Sexual Predator Mark Bennett Threatens to Sue Cold Case Volunteers Looking into the Suspicious Death of Whistleblower Dawn Pasela

Bennett threatens to sue Creators of Seeking Justice, a YouTube Live Investigative Series
Seeking Justice Creators Challenge Bennett to point out any inaccurate statements
Bennett’s threats follow efforts by Senior Assistant Ohio Attorney General Dan Kasaris to quash stories exposing his affair with government witness Kathryn Clover

Background

Shortly after the launch of Seeking Justice, a YouTube LIVE investigative series focused on mounting evidence that the 2012 death of whistleblower Dawn Pasela was the result of foul play, Mark Bennett and his attorney Michael Harvey, threatened to sue the series creators, claiming Bennett was being “defamed.”

The Seeking Justice series was created by cold case volunteers and sought to elicit the public’s help examining new clues and fresh witness statements about the suspicious 2012 death of Dawn Pasela. Dawn, who served as Office Manager for Prosecutors Mark Bennett and Dan Kasaris, was found dead in her apartment as she was about to testify about wrongdoing inside the Prosecutor’s Office. The series followed discovery of new evidence and a 2023 Sheriff investigation that the Parma police ignored procedures, failed to collect multiple cell phones or any evidence, erred in not investigating Dawn’s missing computer and failed to take any action to reopen the case – even after a directive to do so. During the series, interviews were conducted with private investigator Bob Friedrick, retired law enforcement officials, the Pasela family, and Attorney Kim Corral – all of whom stated a new investigation into what happened to Dawn should be launched. In addition, a $10,000 reward leading to the arrest of a suspect in Dawn’s killing was announced, full details and series episodes are available at www.SeekingJusticeMedia.com.

Bennett’s Threat to file a Lawsuit Followed his Firing for Assaulting an Intern and Lengthy Disbarment Proceedings

Mark Bennett, who supervised Dawn Pasela, threatened litigation even though national and international news organizations widely covered Bennett’s firing by the US Attorney’s Office, disbarment proceedings and findings by the Ohio Supreme Court, where Chief Justice Sharon Kennedy wrote that Bennett was not fit to practice law and “Bennett’s actions tainted the public trust. His conduct … undermined the credibility of and public faith in government, impeded the common good, and were not in the best interests of the American people ... he was also a representative of the United States and possessed all the powers that comes with that position. His actions demeaned both the legal profession and his government office,” Disciplinary Counsel v. Bennett, Slip Opinion No. 2023-Ohio-4752.

Bennett’s Disbarment, Criminal Activities Widely Reported

Because Mark Bennett was a powerful government official who actively sought the limelight, his disbarment proceedings attracted widespread attention. Moreover, his brazen misconduct – including assaulting an intern, lying about the contents on his government computer, making false statements to investigators, and sexually harassing a half dozen women, and soliciting sex from co-workers were detailed in Justice Department Inspector General Report # 21-005.

Bennett’s misconduct the subject of multiple investigations available on government websites, including that of the Department of Justice, the Ohio Disciplinary Counsel and a 37 page ruling by the Ohio Supreme Court, which is also publicly available. Bennett’s wrongdoing also been widely covered by journalists from Reuters, Law 360, WKBN-TV, Cleveland.com, The Ohio Channel, Buzzfeed, and many others.

Summary of Mark Bennett’s Wrongdoing and Misconduct throughout Tony Viola’s Criminal Proceedings

Bennett’s ‘win at all costs’ style of prosecuting American citizens was on full display during USA v. Viola, 08-cr-506, ND Ohio, where Bennett’s wide ranging criminality included:

Directing his Office Manager, Dawn Pasela, to illegally record a series of post-indictment conversations with Tony so prosecutors could obtain confidential defense trial strategy information. Bennett also failed to turn over the recordings made by Ms. Pasela, in violation of Federal Rule of Criminal Procedure 16.

Covering up an affair between Prosecutor Dan Kasaris and government witness Kathryn Clover while Clover testified in criminal cases

Knowingly using the perjured testimony of Kathryn Clover – an admission Bennett made in writing, USA v. Clover 10-cr-75, ND Ohio, Docket # 46; also see the Clover PSI report, where prosecutors claimed it was “in the interests of justice” to use perjured trial testimony in order to “win” the case.

Making materially false statements that Tony executed a “conflict of interest” waiver to joint defense at trial, when such was not the case, please see Viola v. Bennett, No. 1:2017-cv-00456 - Document 10 (N.D. Ohio 2017)

Lying about evidence, as both the FBI and Justice Department blame Mr. Bennett for making material misrepresentations about evidence in the criminal case, Viola v. U.S. Department of Justice, et. al., 15-cv-242, WD Pa, document numbers 99 and 164. Also see case number 22-2186, U.S. Court of Appeals for the Third Circuit, brief submitted on Tony’s behalf by Yale Law School.

Bennett’s threats of Litigation and Seeking Justice Response

In Bennett’s letter threatening litigation (that communication and the full response by Seeking Justice are available in the Evidence Locker of FreeTonyViola.com), Bennett complains that other news outlets have defamed him – and he expects Seeking Justice will also defame him, so he threatened litigation. In its response, Seeking Justice made clear that:

It was not responsible for the statements of other organizations;
Bennett was a powerful government official who actively sought the limelight and was a “public person” for First Amendment purposes
Bennett should cite with specificity any statement on the Seeking Justice, Uncovered.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, but the letter to Seeking Justice contains the stunning admissions that Mr. Bennett was aware that Dawn was wearing a wire and intruding into the sixth amendment right to counsel prior to the commencement of the federal trial, USA vs. Viola, 08-cr-506, N.D. Ohio. This admission is at variance with previous statements by Bennett that he was unaware of any voice recordings. In fact, for over a decade, Bennett made false statements in federal court about the existence of voice recordings, stating that:

As of 2024, however, Bennett now offers a new explanation:

Defense attorneys have stated in writing that Bennett’s statement is false, and that they never received any voice recordings, or they would have raised the issue in court at the time. Moreover, Bennett’s 2024 statements constitutes newly discovered evidence that he failed to comply with his constitutional responsibilities to provide the defense with recordings with a defendant’s voice on them.

Finally, since the Cuyahoga County Sheriff’s office has stated in writing that it is reviewing the suspicious death of Dawn Pasela, Bennett and his attorney were informed that any information in their possession should be provided to the proper authorities at once, and counsel for Bennett, Michael Harvey of Rocky River, Ohio was advised to report this misconduct to the Ohio Disciplinary Counsel and direct Bennett to withdraw his false statements in Tony’s criminal proceedings.

Senior Assistant Ohio Attorney General Daniel Kasaris and his Attorney, David “Chip” Comstock, also Attempt to Silence Journalists

Attorney David “Chip” Comstock and Prosecutor Dan Kasaris have also threatened journalists and bloggers highlighting criminal activities of Kasaris. Individuals threatened with prosecution, or who were actually prosecuted, include Elsebeth Baumgartner, Brian “BZ” Douglas, Ashli Ford and others. In addition, Kasaris threatened to imprison Tony as a result of the publication of hundreds of emails between Kasaris and government witness (and Kasaris paramour) Kathryn Clover on the FreeTonyViola.com website, which included Kasaris’ own racist emails detailing his opinions about “Africans” and “Jews,” discussions of using false testimony at trial, talking about altering documents inside the prosecutor’s office as well as the publication of over 100 pages of Facebook messages from Susan Kasaris, the wife of Daniel Kasaris, complaining about his affair with Clover.

Since 2016, Kasaris – who has been elected to public office on multiple occasions and who maintains a campaign fund -- issued a series of written and verbal threats to prosecute or re-imprison Tony or anyone assisting with the website, alleging the statements violated Ohio Revised Code 2921.03(A) by hindering a public official carrying out his lawful duties. To read the pleadings in the First Amendment case, please see Viola v. Yost, et. al., Case No. 2:21-cv-3088, S.D. Ohio

“The walls are closing in on Mark Bennett and Dan Kasaris,” said Tony Viola. “For decades, these prosecutors felt invincible and acted with impunity as their reckless behavior destroyed lives and caused the death of Dawn Pasela. As we continue to expose criminal actions of Kasaris and Bennett, more and more journalists and citizens are taking note. We are working hard to having Bennett and Kasaris arrested and imprisoned for their actions. We are also seeking justice and accountability for what Bennett and Kasaris did to Dawn Pasela.”

The FreeTonyViola investigative and legal team is currently unearthing new evidence of serious wrongdoing by Bennett and Kasaris. If you have any information about wrongdoing by these individuals, please reach out to the FreeTonyViola.com investigative team, or submit a tip anonymously anytime on line. To read the Bennett threats to file a lawsuit against cold case volunteers, or to review the Seeking Justice response to Bennett, please visit the FreeTonyViola.com Evidence Locker.

# # #

‘Dinner for Dawn’ Set for Friday, June 7th, to Honor Dawn Pasela’s Bravery in the Face of Injustice and Build Support for a New Investigation into Dawn’s Suspicious Death

Tue, 07 May 2024 21:01:25 +0000

‘Dinner for Dawn’ Set for Friday, June 7th, to Honor Dawn Pasela’s Bravery in the Face of Injustice and Build Support for a New Investigation into Dawn’s Suspicious Death

Doors open at 5 PM, Dinner 6-730 at VFW, 6805 Lear Nagle Rd, North Ridgeville, OH 44039

Benefit follows conclusion of Weekly Investigative Series about Dawn’s suspicious death, several successful rallies and new evidence in her case.

Yale Law School Appellate Clinic Awaiting Court Rulings on court filings about voice recordings and documents; Attorney Kim Corral continues advocating for a new investigation into events leading up to Dawn’s death

The goals of the event are to build our Community of Supporters, Raise Funds for Future Events, Share ideas and Brainstorm about Next Steps

FOR IMMEDIATE RELEASE

CLEVELAND, OHIO – May 8, 2024 – FreeTonyViola.com and JusticeForDawn.com announced today that announced today that a Chinese Auction and Spaghetti dinner benefit to assist Dawn’s family and friends will be held Friday, June 7^th at the VFW in North Ridgeville, Ohio. This event builds on recent momentum for a new investigation into what happened to Dawn, who was found dead under suspicious circumstances as she was about to testify about misconduct by prosecutors. The June 7^th event continues our efforts to raise awareness of how Dawn was treated and petition powerful government officials to drive change and accountability in our justice system.

This fun filled event brings our community of supporters together for an enjoyable evening including a delicious spaghetti dinner ($15 per person), along with door prize giveaways, a 50/50 raffle, the chance to win gift baskets and gift cards, and brainstorming about next steps. All funds raised will support future events or be used to raise awareness and promote Dawn’s cause.

RSVPs are appreciated, please visit the Justice For Dawn Facebook page and invitation, or purchase tickets now via CashApp: $Justice4DawnPasela.

SEEKING JUSTICE INVESTIGATIVE SERIES PRESENTATION

This event will include a presentation by Seeking Justice, who recently established an anonymous tip line, (580) 8-SJ-TIPS or (580) 875-8477, so anyone can submit any information about the death of Dawn Pasela or information about any of the key players in this case. To submit a tip, individuals can visit JusticeForDawn.com and view multiple ways to get in touch with Dawn’s legal or investigative team, or reach out directly to the creators of Seeking Justice at SeekingJusticeShow@gmail.com.

STATEMENTS FROM THE PASELA FAMILY

Edward and Karen Pasela, the parents of Dawn Pasela, said “We welcome everyone to join us as we celebrate Dawn’s life, work together to obtain new information about what happened to our daughter and get together for a fun evening. We know Dawn would appreciate everyone’s support and we hope to see you on June 7^th.”

ADDITIONAL INFORMATION AND DOCUMENTARY EVIDENCE AVAILABLE

Detailed background information about Dawn Pasela, the results of a Sheriff investigation into Dawn’s death, original source documents and a summary of newly discovered evidence can be found at www.JusticeForDawn.com.

Uncovered.com, the nation’s largest database of cold cases, features Dawn’s case on their website, details at https://uncovered.com/cases/dawn-pasela.

To learn more the criminal prosecution of Tony Viola, or to review court filings by Tony’s attorneys at Yale Law School or Attorney Kim Corral, please visit www.FreeTonyViola.com.

Seeking Justice is providing investigative resources and assistance to Dawn’s family and legal team. To subscribe to the Seeking Justice YouTube Channel or watch the Seeking Justice series, including past episodes, please visit: https://www.youtube.com/@SeekingJusticeShow.

ABOUT FREETONYVIOLA.COM: FreeTonyViola.com’s mission is to shine a bright spotlight on the ‘win at all costs’ tactics, prosecutorial overreach and misconduct the United States Department of Justice employs when prosecuting American citizens. Tony Viola was investigated by the Cuyahoga County Mortgage Fraud Task Force, a multi-jurisdictional task force comprised of state, local and federal agencies, and prosecuted in parallel federal and state cases. He lost the federal case but was exonerated at a subsequent state trial. The website, originally created to solicit leads for Tony’s investigative team, has evolved into a tool to keep the public informed about critical developments in his case, and to share information that could potentially assist others who have been wrongfully ensnared by our criminal justice system. For additional information, visit http://www.FreeTonyViola.com, friend us on Facebook at https://www.facebook.com/tony.viola.9212, or follow us on Twitter @TonyViola.

# # #

Attorney Kim Corral Calls for New Investigation into Suspicious Death of Dawn Pasela, Discusses evidence that disbarred Federal Prosecutor Mark Bennett lied about voice recordings

Sun, 21 Apr 2024 23:28:09 +0000

Attorney Kim Corral Calls for New Investigation into Suspicious Death of Dawn Pasela, Discusses evidence that disbarred Federal Prosecutor Mark Bennett lied about voice recordings Dawn Pasela made before Tony Viola's federal trial

Attorney Kim Corral added her voice to that of Seeking Justice and other former law enforcement officials and publicly called for an entirely new investigation into the death of Dawn Pasela. During an April, 2024 interview that aired on Seeking Justice’s YouTube Live channel, Kim discussed her advocacy on behalf of Dawn’s family and reviewed her interactions with the Cuyahoga County Sheriff’s Office, who also recommended this case be reopened after discovering that Dawn’s computer was missing when she was found dead under mysterious circumstances, and that multiple witnesses have been overheard talking about Dawn’s “murder.” Despite significant new evidence in Dawn’s case and a recommendation by a law enforcement agency, the Parma, Ohio Police Department refuse to investigate Dawn’s death or allow other agencies to take over the investigation.

The same episode of Seeking Justice reviewed new admissions made in 2024 by former federal prosecutor Mark Bennett, who was fired by the Justice Department and sanctioned by the Ohio Supreme Court. In a 2015 court filing, Bennett called allegations that Dawn wore a wire or donated funds towards Tony Viola’s legal fees “blatantly untrue” but in a February 24, 2024 admission, Bennett now states that he “instructed the FBI Agent to … listen to the recording” and “provide it to defense counsel.” However, defense attorneys have stated in writing that no such recordings were ever provided, nor were they disclosed to any parties in criminal proceedings.

To watch Kim's interview, kindly click this link: https://www.youtube.com/watch?v=iWbGX1l3QmI&t=2696s

# # #

Seeking Justice Announces Toll Free Tip Line and Reiterates $10,000 Reward for Information Leading to the Arrest of a Suspect in the Murder of Dawn Pasela

Wed, 27 Mar 2024 22:31:34 +0000

Seeking Justice Announces Toll Free Tip Line and Reiterates $10,000 Reward for Information Leading to the Arrest of a Suspect in the Murder of Dawn Pasela

Seeking Justice, airing live Wednesdays at 7 PM EST, tells the story of Dawn Pasela, who was found dead under suspicious circumstances as she was set to testify at Tony Viola’s second criminal trial about misconduct by federal and state prosecutors
New tip line -- (580) 8-SJ-TIPS or (580) 875-8477 -- provides the public with an anonymous way to call or text information about Dawn’s murder
$10,000 reward follows newly discovered evidence and a 2023 Sheriff investigation that the local police ignored procedures, failed to collect multiple cell phones or any evidence, erred in not investigating Dawn’s missing computer and failed to take any action to reopen the case – even after a directive to do so

FOR IMMEDIATE RELEASE

CLEVELAND, OHIO – March 28, 2024 – FreeTonyViola.com, jointly with Seeking Justice, Uncovered.com, and JusticeForDawn.com, announced today that it has established an anonymous tip line, (580) 8-SJ-TIPS or (580) 875-8477, so anyone can submit any information about the death of Dawn Pasela or information about any of the key players in this case. The tip line follows the announcement of a $10,000 reward for information leading to the arrest of a suspect in the murder of Dawn Pasela, who was found dead shortly after her expected testimony about prosecutorial misconduct during the criminal trial of Tony Viola

The reward was announced during the first episode of Seeking Justice, a YouTube Live series that reviews mounting evidence that the death of whistleblower Dawn Pasela was the result of foul play. Seeking Justice is interviewing multiple experts who examine new clues and fresh witness statements about Dawn’s death, while also seeking input and assistance from the public to solve the case. The new tip line was announced during the March 27 episode and can be viewed anytime on the Seeking Justice YouTube channel at https://www.youtube.com/@SeekingJusticeShow.

To submit a tip, individuals can also visit JusticeForDawn.com and view multiple ways to get in touch with Dawn’s legal or investigative team, or reach out directly to the creators of Seeking Justice at SeekingJusticeShow@gmail.com.

STATEMENTS FROM THE PASELA FAMILY

Edward and Karen Pasela, the parents of Dawn Pasela, said “We hope that someone comes forward with key evidence to solve the case, so we know exactly what happened to our daughter Dawn.”

STATEMENT FROM SEEKING JUSTICE SERIES CREATORS ANDREA CIPRIANO, DANA POLL & LEXI KAKIS

“At Seeking Justice we believe it’s never too late to uncover the truth. We are hopeful that creating this tip line encourages anyone with information to come forward. You can remain anonymous. Remember, even if your information seems small, it could be the key detail that investigators need to bring Dawn's killer to justice and provide closure to her loved ones after all these years.”

ADDITIONAL INFORMATION AND DOCUMENTARY EVIDENCE IS AVAILABLE

Uncovered.com, the nation’s largest database of cold cases, features Dawn’s case on their website, details at https://uncovered.com/cases/dawn-pasela.

To learn more the criminal prosecution of Tony Viola, or to review court filings by Tony’s attorneys at Yale Law School or Attorney Kim Corral, please visit www.FreeTonyViola.com.

# # #

Seeking Justice Announces $10,000 Reward for Information Leading to the Arrest of a Suspect in the Murder of Dawn Pasela

Sun, 03 Mar 2024 01:14:20 +0000

Seeking Justice Announces $10,000 Reward for Information Leading to the Arrest of a Suspect in the Murder of Dawn Pasela

Seeking Justice, airing live Wednesdays at 7 PM EST, tells the story of Dawn Pasela, who was found dead under suspicious circumstances as she was set to testify at Tony Viola’s second criminal trial about misconduct by federal and state prosecutors
$10,000 reward follows newly discovered evidence and a 2023 Sheriff investigation that the local police ignored procedures, failed to collect multiple cell phones or any evidence, erred in not investigating Dawn’s missing computer and failed to take any action to reopen the case – even after a directive to do so

FOR IMMEDIATE RELEASE

CLEVELAND, OHIO – March 1, 2024 – FreeTonyViola.com, jointly with Seeking Justice, Uncovered.com, and JusticeForDawn.com, announced today that an anonymous donor has pledged a $10,000 rewards for information leading to the arrest of a suspect in the murder of Dawn Pasela.

The reward was announced during the first episode of Seeking Justice, a YouTube Live series that reviews mounting evidence that the death of whistleblower Dawn Pasela was the result of foul play. Seeking Justice is interviewing multiple experts who examine new clues and fresh witness statements about Dawn’s death, while also seeking input and assistance from the public to solve the case. To watch the series trailer, or to view previous episodes of the show, please visit https://www.youtube.com/@SeekingJusticeShow.

To submit a tip, please visit JusticeForDawn.com and view multiple ways to get in touch with Dawn’s legal or investigative team, or reach out directly to the creators of Seeking Justice at SeekingJusticeShow@gmail.com.

STATEMENTS FROM THE PASELA FAMILY

Edward and Karen Pasela, the parents of Dawn Pasela, said “We are grateful that a $10,000 reward is now available. We hope that someone comes forward with key evidence to solve the case, so we know exactly what happened to our daughter Dawn.”

STATEMENT FROM SEEKING JUSTICE SERIES CREATORS ANDREA CIPRIANO, DANA POLL & LEXI KAKIS

"The Seeking Justice Series analyzes evidence and seeks to attract new information about Dawn’s murder. This $10,000 reward should attract greater attention to Dawn’s case and how she was treated. Her loved ones have spent more than a decade searching for the truth. They’ve experienced heartache, unimaginable pain, and ongoing grief. When we learned about Dawn’s story, we knew she was an advocate to her core. But, her work was left unfinished. We feel compelled to carry her torch, seeking justice. It’s never too late to uncover the truth."

ADDITIONAL INFORMATION AND DOCUMENTARY EVIDENCE IS AVAILABLE

Uncovered.com, the nation’s largest database of cold cases, features Dawn’s case on their website, details at https://uncovered.com/cases/dawn-pasela.

To learn more the criminal prosecution of Tony Viola, or to review court filings by Tony’s attorneys at Yale Law School or Attorney Kim Corral, please visit www.FreeTonyViola.com.

# # #

Seeking Justice Series Highlights Unsolved Murder: The Death of Whistleblower Dawn Pasela

Wed, 07 Feb 2024 13:23:42 +0000

Seeking Justice Series Highlights Unsolved Murder: The Death of Whistleblower Dawn Pasela

Series begins Wednesday February 28 at 7 PM EST and tells the story of Dawn Pasela, who was found dead under suspicious circumstances as she was set to testify about misconduct by federal and state prosecutors in Cleveland, Ohio
Program follows newly discovered evidence and a 2023 Sheriff investigation that the local police ignored procedures, failed to collect multiple cell phones or any evidence, erred in not investigating Dawn’s missing computer and failed to take any action to reopen the case – even after a directive to do so
The series includes EXCLUSIVE INTERVIEWS with the Pasela family, Attorney Kim Corral and never before heard audio recordings

FOR IMMEDIATE RELEASE

CLEVELAND, OHIO – February 9, 2024 – FreeTonyViola.com, along with Uncovered.com and Seeking Justice, jointly announced that an upcoming YouTube Live Series will commence February 28 at 7 PM Eastern Standard Time and reveal mounting evidence that the death of whistleblower Dawn Pasela was the result of foul play, and to examine new clues and fresh witness statements about Dawn’s death. To watch the series trailer, please visit https://www.youtube.com/watch?v=iSgNXqGdljc

BACKGROUND

Born in 1985, Dawn graduated at the top of her class at Cleveland State and at Cuyahoga County Community College, and was hired by Prosecutors Dan Kasaris and Mark Bennett as Office Manager of a multi-jurisdictional Mortgage Fraud Task Force.

One of the cases 1,000 cases prosecuted by the Task Force was that of real estate broker Anthony Viola, who was indicted in both state and federal court for stealing $46 million in what prosecutors claimed was the “nation’s largest mortgage fraud case.” Viola maintained his innocence, and when Bennett and Kasaris became concerned their high-profile case was about to fall apart, they took the extraordinary step of directing Dawn to pose as a graduate student studying criminal justice and working with local defense attorneys on similar cases, then offer to assist Viola’s defense. Pretending to be a paralegal, Dawn recorded a series of post-indictment conversations with Viola so prosecutors could obtain confidential defense trial strategy information. Kasaris and Bennett also ordered Dawn to donate funds towards Viola's legal fees so they could use her cancelled checks to identify the law firm's bank account. During this undercover operation, Dawn became concerned that these actions were wrong and that prosecutors were withholding key evidence in many Task Force’s prosecutions.

Viola was convicted in federal court but subsequently exonerated at a second trial after Dawn provided Viola with exculpatory evidence prosecutors failed to produce before the first trial. Dawn had offered to testify about prosecutorial misconduct but was found dead in her apartment under suspicious circumstances, including:

Three cell phones were found in her apartment – including one with an outbound call long after the supposed time of Dawn’s death
The heat in her apartment was set very high to accelerate body decomposition
Her computer, containing evidence in a myriad of criminal cases, was missing.
Even though the heat was cranked up, the window in her apartment was left open, and could have been used by an assailant to exit her apartment
Dawn’s blood alcohol content close to .60 was inconsistent with the police photos taken at the scene

More recently, evidence mounted that Dawn’s death was the result of foul play, and that multiple individuals had reason to harm her, including:

In 2020, Facebook messages from the wife of Dan Kasaris established that Kasaris was having an affair with government witness Kathryn Clover, who testified in dozens of criminal cases on behalf of prosecutors. New records also confirm that Kasaris destroyed his own computer the day Dawn died.
In 2020, the Justice Department blamed Mark Bennett for making false statements about evidence in Viola’s case. Bennett was fired by the Justice Department and suspended from the practice of law, Disciplinary Counsel v, Bennett, case number 2022-034; DOJ Inspector General Report Number 21-005.
In 2022, Task Force Chairman Donald Cleland stated that Dawn possessed hard drives from the Task Force that contained evidence in hundreds of state and federal criminal cases -- establishing that many individuals could have harmed Dawn in an effort to obtain key evidence.
Records obtained in 2023 establish tht the Parma Police didn’t call an ambulance to Dawn’s apartment but a mortuary service.
A 2023 review of Dawn’s case by the Cuyahoga County Sheriff’s Office established that the Parma Police violated procedures and failed to collect cell phones or any evidence. Police also failed to canvass the area around Dawn’s apartment, interview witnesses, obtain surveillance video, or coordinate any investigation with the Medical Examiner’s Office.
In 2023, Dawn’s friend Jason Samide confirmed that Dawn reached out to him shortly before her death, asking for his help
In 2023, new evidence indicated that Marty Maurer was the last person to see Dawn alive and may possess critical information about what happened to Dawn. Maurer has refused to cooperate with any investigation.
Despite specific directives by the County Sheriff to the Parma Police, that department refuses to follow any recommendations or turn the file to another investigative agency.

Viola is represented by Yale University Law School and Cleveland-based Attorney Kimberly Kendall Corral, who are pursuing litigation in which former federal prosecutor Mark Bennett was blamed for making false statements about evidence, and where the government has been ordered to produce the voice recordings made by Dawn, Viola v. Department of Justice, et. al., case number 22-2186, U.S. Court of Appeals for the Third Circuit. Attorney Corral is also representing the Pasela family and has requested a new investigation into Dawn’s death.

STATEMENT FROM SEEKING JUSTICE SERIES CREATORS ANDREA CIPRIANO, DANA POLL AND LEXI KAKIS

"Dawn’s loved ones have spent more than a decade searching for the truth. They’ve experienced heartache, unimaginable pain, and ongoing grief. When we learned about Dawn’s story, we knew she was an advocate to her core. But, her work was left unfinished. We feel compelled to carry her torch, seeking justice. It’s never too late to uncover the truth."

STATEMENT FROM ATTORNEY KIM CORRAL

"Our investigative agencies should be accountable to the people. In 2023, the Cuyahoga County Sheriff's office identified serious deficiencies in the Parma Police Department's investigation of the death of Dawn Pasela. More importantly, they identified necessary investigative steps that should be taken now. Parma must refer this investigation to an outside law enforcement agency. We will not allow this injustice to continue. I stand proudly with Dawn's family because what they are asking for is reasonable and there is no legitimate purpose not to fairly investigate Dawn’s death."

STATEMENTS FROM THE PASELA FAMILY

Mrs. Karen Pasela, Dawn’s Mother, said, “We went to the Parma Police close to two years ago in good faith and provided them with a great deal of evidence that required a new investigation. We provided city officials details about the theft of Dawn’s computer from her apartment, autopsy photos showing bruising on her neck and her broken necklace, transcripts detailing conversations about Dawn’s ‘murder’ and records that Dan Kasaris destroyed his own computer on the very the day Dawn died. In July of 2022, the Parma Police promised to turn this file over to Ohio BCI’s Cold Case Unit, but then gave us one excuse after another as to why that wasn’t done, leaving us to investigate this case on our own. We hope that more people will come forward and share what they know.”

Dawn’s Father, Mr. Edward Pasela, added: “The first thing Parma Police told us was that this case was above their pay grade and was too political because it involved prosecutors. If they felt that way, we hoped they would step aside and refer this case to another agency who could take a hard look at the facts, but the city refuses, leaving us with a cruel choice: either forget about our daughter or continue to seek a proper investigation into all that’s occurred. And we are going to do all we can to hold anyone who hurt our daughter accountable.”

STATEMENT FROM TONY VIOLA

“Dawn helped me and wanted to help many others, and If it wasn’t for her, I’d still be in prison now. I am extremely grateful for the support of so many people seeking justice for Dawn. Anyone who has any information about what happened to Dawn should contact us or submit an anonymous tip through our website.”

ADDITIONAL INFORMATION AND DOCUMENTARY EVIDENCE IS AVAILABLE

Uncovered.com, the nation’s largest database of cold cases, features Dawn’s case on their website and is providing investigative resources and assistance, details at https://uncovered.com/cases/dawn-pasela.

To subscribe to the YouTube Channel or to watch the series live or after each broadcast, please visit: https://www.youtube.com/@SeekingJusticeShow

To learn more about Dawn, or to review the County Sheriff’s directives to the Parma Police, or review other source documents, kindly visit www.JusticeForDawn.com. To learn more the criminal prosecution of Tony Viola, or to review court filings by Yale Law School or Attorney Kim Corral, please visit www.FreeTonyViola.com.

# # #

Ohio Supreme Court Sanctions Fired Federal Prosecutor Mark Bennett, finds “widespread” Misconduct, Use of “his position of power to sexually assault” an intern

Tue, 09 Jan 2024 14:04:51 +0000

Ohio Supreme Court Sanctions Fired Federal Prosecutor Mark Bennett, finds “widespread” Misconduct, Use of “his position of power to sexually assault” an intern

Chief Justice Sharron Kennedy found Bennett’s “Suspension Is Necessary to Protect the Public”
Inspector General Report details two decades of wrongdoing, lying during government proceedings, Inspector General Report 21-055
Justice Department blamed Bennett for making false statements about evidence in a case involving voice recordings made by deceased whistleblower Dawn Pasela, 15-cv-242, WD Pa.
Bennett fondled an intern’s breasts, demanded nude photos and abused his authority as a prosecutor to solicit sex

The Ohio Supreme Court issued an opinion sanctioning former federal prosecutor Mark Bennett for “widespread” wrongdoing, including his conditioning professional assistance to an intern on her willingness to provide sexual favors, Disciplinary Counsel v. Bennett, Slip Opinion No. 2023-Ohio-4752. The Court’s ruling detailed instances of sexual assault, including Bennett placing his hand on the intern’s breasts, and utilized evidence from a forensic analysis of Bennett’s government computer to retrieve messages from Bennett stating he

“Can[’]t wait to have it,” in reference to the intern’s butt, which he informed her “was looking wide for a while there.” He later texted her, “Damn [you] for making me think about it again,” with “it” being a reference to sexual activity, then asked “Why do you haunt my dreams?”
Looked up a co-worker’s skirt or was “looking at [her] butt” on different occasions
Texted an intern about her sex life. Even though Bennett was blocked on Snapchat, Facebook and even though his cell number was blocked, Bennett continued making unwanted sexual advances, causing the intern to relocate to an office 100 miles away.
When told to stop, Bennett refused, stating he could do whatever he wanted: “Oh, I play poker with judges every Thursday and I’m so well connected.”

Chief Justice Sharron Kennedy wrote that “Bennett’s actions tainted the public trust. His conduct … undermined the credibility of and public faith in government, impeded the common good, and were not in the best interests of the American people ... he was also a representative of the United States and possessed all the powers that comes with that position. His actions demeaned both the legal profession and his government office.

The Department of Justice Inspector General also detailed serial wrongdoing by Bennett, including “physically and verbally harassing” women for two decades, demanding nude photos from colleagues, committing “sexual imposition”, insisted on “a sexual favor in exchange for a letter of recommendation” for an intern because he was excited about the “size” of her “buttocks.” Bennett was caught “deliberately running his arm across the breast,” of a colleague and purchased jewelry for married co-workers. Bennett also lied to investigators about utilizing a myriad of social media platforms to troll women on line – Bennett used Snapchat, Facebook messenger, Twitter, Skype messages and other means to solicit sex. Bennett falsely claimed he didn’t log onto social media sites from his government computer, saying he “completely avoided those sites” because he feared his computer could be infected with “viruses.” A forensic analysis of Bennett’s computer showed he logged into Facebook and Twitter “more than 25 times” and made a number of false statements to investigators.

In addition to the Ohio Supreme Court’s ruling, builds on the earlier findings of a Department of Justice Inspector General Investigation, both the FBI and Justice Department also blamed Mark Bennett for making material misrepresentations about evidence in the criminal case of Anthony Viola, Viola v. U.S. Department of Justice, et. al., 15-cv-242, WD Pa, document numbers 99 and 164. Viola was exonerated at a subsequent criminal trial but spent a decade in prison.

Yale University Law School represents Viola in proceedings where Bennett concealed an affair between Assistant Ohio Attorney General Dan Kasaris and government witness Kathryn Clover, used Clover’s perjured testimony in criminal cases, and shifted exculpatory evidence before Viola's first trial from the US Attorney’s Office to a multi-jurisdictional task force location. Viola v. Department of Justice, et. al., case number 22-2186, U.S. Court of Appeals for the Third Circuit. This litigation confirms that, prior to Viola’s first trial, Bennett directed his Office Manager, Dawn Pasela, to pose as a graduate student studying criminal justice and record a series of post-indictment conversations with Viola. Ms. Pasela also donated finds towards Viola's legal fees so Bennett could use her cancelled check to identify the law firm's bank account and obtain confidential defense trial strategy information. Later, Ms. Pasela came forward to assist Viola and provided him with exculpatory evidence Bennett failed to produce before the first trial. During Viola’s second trial, she was threatened with prison and found dead in her apartment under suspicious circumstances, please see www.uncovered.com/cases/Dawn-Pasela.

All of the investigative reports, court decisions and admissions by Mark Bennett of wrongdoing have been uploaded to the FreeTonyViola.com Evidence Locker. To learn more about how Tony Viola proved his innocence at a second trial using evidence Mark Bennett suppressed before his first trial, or for additional details about misconduct committed by Mark Bennett in mortgage fraud prosecutions, please visit www.FreeTonyViola.com. To learn more about Dawn Pasela, kindly visit www.JusticeForDawn.com.

# # #

Prosecutors Mark Bennett, Dan Kasaris and Criminal Defendant Marty Maurer Potential ‘Persons of Interest’ in Suspicious Death of Dawn Pasela

Tue, 05 Dec 2023 16:04:53 +0000

Prosecutor Dan Kasaris, Disbarred Federal Prosecutor Mark Bennett and Criminal Defendant Marty Maurer Named Potential ‘Persons of Interest’ in Suspicious Death of Dawn Pasela

 Whistleblower Dawn Pasela found dead under suspicious circumstances as she was about to testify about Prosecutorial Misconduct by Bennett and Kasaris

 Kasaris destroyed his computer the day Dawn died

 Illegal voice recordings & affair between Kasaris and government witness at issue

 Three cell phones found at death scene but not collected by the Police

 Uncovered.com Accepts Dawn’s Case, now gathering new evidence

 Yale Law School accepts evidentiary case on behalf of Anthony Viola seeking recordings, additional evidence, while Attorney Kim Corral now representing the Pasela Family

The death of whistleblower Dawn Pasela as she was scheduled to testify in open court about misconduct committed by Prosecutors Mark Bennett and Dan Kasaris has long been seen as too convenient of a coincidence to believe. Her passing, initially attributed to an alcohol overdose with a blood-alcohol content of .59, followed a cursory autopsy and a police investigation that failed to interview a single witness or even collect any evidence. Suspicions of foul play have swirled for years but no hard evidence emerged, leaving Dawn’s family and friends not only heartbroken, but distraught about the circumstances surrounding her death. Now, newly discovered evidence, which is summarized below, establishes that Dawn’s death was no ‘accidental overdose’ of alcohol but the result of foul play. Dawn Pasela, who volunteered at the Parma Animal Hospital, Fostered Rescue dogs before their adoption by local families.

A Summary of Newly Discovered Evidence Throughout 2022 and 2023, a torrent of new evidence and witness statements have established that Dawn’s death was the result of foul play, including the pending disbarment of former federal prosecutor Mark Bennett, who was fired by the Justice Department, Disciplinary Counsel v, Bennett, case number 2022-034; DOJ Inspector General Report Number 21-005. Additional evidence includes the following:

 Law enforcement recently questioned Senior Assistant Ohio Attorney General Dan Kasaris about his appearance at Dawn’s apartment shortly before her death.

 Newly obtained documents and witness statements identify criminal defendant Marty Maurer – who was at Dawn’s apartment just hours before she died -- as a potential person of interest, and an individual who possesses information about what happened to Dawn.

 After an exhaustive search for EMS or ambulance records, it was finally determined that the Police never called an ambulance – they called a mortuary service to Dawn’s apartment.

 Newly obtained medical examiner photos raise several new questions – including possible bruising on Dawn’s neck, the discovery of three cell phones at the death scene and the appearance of Energy Drinks – which Dawn didn’t like – in her apartment.

 A new statement from former Task Force Chairman Donald Cleland confirms Dawn wore a wire in an illegal spying operation and was given all of the evidence in over 1,000 criminal cases to stash at her apartment – seemingly making her a target of anyone who was aware these materials were at her residence.

A more detailed narrative along with key supporting documents provide additional context and background on all that’s taken place and is now available at www.JusticeForDawn.com or in the FreeTonyViola.com Evidence Locker.

# # #

Rally Seeking Justice for Dawn Pasela set for Wednesday, November 1, 4:30 – 6 PM at Parma City Hall, 6611 Ridge Road, Parma, OH 44129

Wed, 04 Oct 2023 11:19:59 +0000

Rally Seeking Justice for Dawn Pasela set for Wednesday, November 1, 4:30 – 6 PM at Parma City Hall, 6611 Ridge Road, Parma, OH 44129

New evidence confirms foul play in death of Dawn Pasela
Cuyahoga County Sheriff states initial investigation by Parma Police ignored Police Procedures, failed to collect multiple cell phones or any evidence, erred in not investigating Dawn’s missing computer and failed to interview any witnesses
Attorney Kim Corral is Keynote Speaker at the event

FOR IMMEDIATE RELEASE

CLEVELAND, OHIO – October 4, 2023 – FreeTonyViola.com announced today that a rally to demand justice and accountability for those responsible for the death of whistleblower Dawn Pasela will be held Wednesday, November 1, 2023 at 4:30 – 6:00 PM in front of Parma City Hall. The rally follows newly discovered evidence confirming Dawn was the victim of foul play and the City of Parma’s refusal to investigate or allow other law enforcement agencies to investigate Dawn’s death.

BACKGROUND

Dawn Pasela, 26, was scheduled to testify as a defense witness for criminal defendant Tony Viola about misconduct by prosecutors Mark Bennett and Dan Kasaris in his case and 1,200 criminal cases prosecuted by a multi-jurisdictional Task Force. Viola was charged with stealing $46 million in what prosecutors called “the Nation’s Largest Mortgage Fraud Scheme,” but Viola maintained his innocence throughout the proceedings. Dawn Pasela, the Task Force’s Office Manager, stated that Bennett and Kasaris suppressed evidence proving the innocence of Viola and hundreds of defendants and that Kasaris was having an affair with government witness Kathryn Clover. During Viola’s second trial, Bennett and Kasaris threatened Dawn with prosecution and prison for assisting Viola and ordered her to leave town. She did not appear in court as scheduled, but was found dead shortly thereafter in her apartment in Parma, Ohio under suspicious circumstances. Specifically, three cell phones were found in her apartment, the heat was set very high to accelerate body decomposition and her computer was missing. According to the Cuyahoga County Sheriff’s Office, the Parma Police failed to collect the cell phones or any evidence, canvass the area around Dawn’s apartment, interview witnesses, obtain surveillance video, or coordinate any investigation with the Medical Examiner’s Office. That agency found an excessively high blood alcohol level of .59, but only performed a cursory autopsy and did not gather any further evidence, later concluding that Dawn’s death was accidental.

In 2022, Task Force Chairman Donald Cleland stated under oath that he directed Ms. Pasela to remove hard drives from the Task Force that contained evidence in hundreds of state and federal criminal cases and bring that evidence to her apartment -- bolstering the contention that investigating the disappearance of Dawn’s computer is central to this case. Other newly discovered evidence includes confirmation that an outbound call on a cell phone in Dawn’s apartment was made well after the stated time of her death and documents that established that the Parma Police didn’t call an ambulance to Dawn’s apartment but a mortuary service. In addition, multiple witnesses have come forward stating they have heard Kasaris family members discussing Dawn’s “murder.” Despite new evidence and a series of investigative recommendations by the Cuyahoga County Sheriff, the city refuses to conduct any investigation. In 2023, after an exhaustive review of evidence, Uncovered.com, the nation’s largest database of cold cases, accepted Dawn’s case and is providing investigative resources and assistance, details at https://uncovered.com/cases/dawn-pasela.

Thanks to evidence provided by Dawn, Viola was exonerated at a subsequent criminal trial but still spent a decade in prison. Viola is currently represented by Yale University Law School and Cleveland-based Attorney Kimberly Kendall Corral. Yale and Ms. Corral are pursuing litigation in which former federal prosecutor Mark Bennett concealed an affair between Assistant Ohio Attorney General Dan Kasaris and government witness Kathryn Clover, knowingly used Clover’s perjured testimony in criminal cases, destroyed evidence, “lost” computers seized in televised raids, listened to tapes made by Dawn Pasela but shifted those tapes and exculpatory evidence before Viola's first trial from the US Attorney’s Office to the task force location where Dawn Pasela worked, Viola v. Department of Justice, et. al., case number 22-2186, U.S. Court of Appeals for the Third Circuit. In that litigation, both the FBI and Department of Justice admitted making false statements about evidence in Viola’s case. In 2020, Bennett was fired by the Justice Department and is currently undergoing disbarment proceedings, Disciplinary Counsel v, Bennett, case number 2022-034; DOJ Inspector General Report Number 21-005.

In September, 2023, a jury verdict in Ohio v. Keaton, Mahoning County, 2022 CRB 390, established that Senior Assistant Ohio Attorney General Dan Kasaris continues to perpetrate a fraud on the court by presenting his current girlfriend, Kelly Connors, as a “victim” and a “witness” in criminal cases without disclosing the nature of his relationship with Connors, which includes Kasaris managing her finances through a Special Needs Trust and a maintaining a Power of Attorney over her.

STATEMENTS FROM THE PASELA FAMILY

“Holding a rally in front of Parma City Hall is not something we wanted to do,” said Mrs. Karen Pasela, Dawn’s Mother. “We went to the Parma Police over a year ago in good faith and provided them with a great deal of evidence that required an investigation by the proper authorities. We provided city officials details about the theft of Dawn’s computer from her apartment, autopsy photos showing bruising on her neck and her broken necklace, transcripts detailing conversations about Dawn’s ‘murder’ and records that Dan Kasaris destroyed his own computer on the very the day Dawn died. In July of last year, the Parma Police promised to turn this file over to Ohio BCI’s Cold Case Unit, but gave us one excuse after another as to why that wasn’t done. Meanwhile, we continue to gather more and more new evidence, including the fact that the police called a mortuary service, not an ambulance, and new witness statements supporting our claims. We are putting this rally together hoping that more people will come forward and share what they know.”

STATEMENT FROM TONY VIOLA

“We have provided law enforcement officials with a massive amount of documentary evidence that a new investigation into Dawn Pasela’s death should be reopened at once, but law enforcement officials continue to protect each other. Not only do these actions destroy the public’s confidence in the fair administration of justice, the way powerful prosecutors treated Dawn is wholly unacceptable. We are grateful for the support of so many people seeking justice for Dawn and for our efforts to hold Prosecutors Mark Bennett and Dan Kasaris accountable for their actions,” said Tony Viola.

ADDITIONAL INFORMATION

The rally is being held pursuant to a City of Parma Permit # 2303, which allows free parking in adjacent City Lot at City Hall. The keynote speaker is Attorney Kim Corral, who represents Tony Viola and the Pasela family and is advocating for a new investigation into Dawn’s death. Additional information about Ms. Corral can be found at https://www.kimlawcrimlaw.com.

Complementary appetizers will be provided at Antonio’s in the Shoppes at Parma, 7401 West Ridgewood Drive, immediately after the event. Everyone is welcome to join us at the rally or at Antonio’s, make their voices heard, and to provide any suggestions and ideas, but to do so in a peaceful and respectful way.

DOCUMENTARY EVIDENCE ALSO AVAILABLE: To learn more about Dawn, or to review the County Sheriff’s directives to the Parma Police, or review other source documents, kindly visit www.JusticeForDawn.com. To learn more the criminal prosecution of Tony Viola, or to review court filings by Yale Law School or Attorney Kim Corral, please visit www.FreeTonyViola.com.

# # #

Mounting Evidence of Criminal Activities by Senior Assistant Ohio Attorney General Dan Kasaris Presented in New Court Filing, Confirmed by Jury Verdict in Mahoning County Criminal Case

Thu, 14 Sep 2023 20:38:35 +0000

Mounting Evidence of Criminal Activities by Senior Assistant Ohio Attorney General Dan Kasaris Presented in New Court Filing, Confirmed by Jury Verdict in Mahoning County Criminal Case

Kasaris implicated in suspicious death of his Office Manager Dawn Pasela, interviewed by Law Enforcement as Person of Interest
Kasaris’ Sexual Relationships with government witnesses Kelly Connors, Kathryn Clover & others at issue in criminal cases
Kasaris emails detail altering documents in criminal cases and allowing paramours to access evidence inside the prosecutor’s office
Knowing use of Kathryn Clover’s perjured testimony mars state and federal criminal cases
Kasaris partner in Task Force prosecutions, former federal prosecutor Mark Bennett, facing disbarment proceedings
Kasaris’ wife Susan’s Facebook posts confirm his sexual relationships with witnesses

FOR IMMEDIATE RELEASE

CLEVELAND, OHIO – September 15, 2023 – FreeTonyViola.com announced today that a jury verdict in Ohio v. Keaton, Mahoning County, 2022 CRB 390, and a recent court filing by Tony Viola confirm that Senior Assistant Ohio Attorney General Dan Kasaris perpetrated a fraud on the court by presenting his girlfriends Kelly Connors, Kathryn Clover and others as a “victims” or “witnesses” in criminal cases without disclosing the nature of his relationship with these women to jurors, courts or defense counsel. In addition to a sexual relationship with Kelly Connors, Dan Kasaris also controls her finances through a “Special Needs Trust” and maintains a Power of Attorney over Connors – additional facts that have never been disclosed to the defense or the Court. In addition to using his position as a prosecutor to solicit sex, Kasaris has also been questioned by law enforcement concerning the suspicious death of his Office Manager turned whistleblower, Dawn Pasela, Viola v. Kasaris, Cuyahoga County Common Pleas Court Case No. CV-21-951041, Court of Appeals No. 23-112497.

Government witness Kathryn Clover had a five year long sexual relationship with Kasaris. The Justice Department conceded that Clover committed perjury during her testimony in criminal trials. 600 pages of emails between Kasaris and Clover include racist emails, discussions about "massages" and "hand jobs" and also establish that Kasaris himself allowed Clover full access to "tubs" of evidence in criminal cases. When Clover’s husband Matt Fairfield became aware of the Kasaris-Clover affair and objected, Kasaris had Fairfield arrested and imprisoned. Later, Clover’s attorney, Jaye Schlachet, admitted that Clover destroyed evidence inside the prosecutor’s office, saying that her “attempt to destroy evidence … was done for the purpose of defending against her own criminal prosecution and not to impede” Viola’s defense, Viola v. Clover, CV-20-936897, Cuyahoga County Common Pleas Court.

Kasaris is also involved in a sexual relationship with government witness Kelly Connors, who Kasaris maintains a power of attorney over and is trustee of her Special Needs Trust – but Kasaris never obtained permission from the Ohio Attorney General to engage in these outside activities. Connors and Kasaris had a fight in 2020 and separated, at which time Connors began assisting Tony Viola’s investigative team by providing information and written statements to Viola. Later, Connors began publishing Kasaris emails and posting comments on social media sites about Kasaris and his role in the death of Kasaris Office Manager Dawn Pasela.

Dawn Pasela, 26, was found dead as she was scheduled to testify about misconduct by Kasaris, who directed her to pose as a graduate student studying criminal justice and working with local defense attorneys on similar cases. Kasaris and his colleague, former federal prosecutor Mark Bennett, ordered Dawn to record a series of post-indictment conversations with Viola so prosecutors could obtain confidential defense trial strategy information. Kasaris and Bennett also directed Dawn to donate funds towards Viola's legal fees so prosecutors could use her cancelled check to identify the law firm's bank account and subpoena its records. After providing evidence Viola used to gain an acquittal at a second trial, Kasaris and Bennett threatened Dawn with prosecution and imprisonment if she appeared as a defense witness. Earlier this year, Parma Police Chief Joseph Bobak confirmed that he “met with Dan Kasaris yesterday to discuss his background with Dawn Pasela,” while multiple law enforcement agencies have stated a new investigation into Dawn’s death should be launched. Additional details about what happened to Dawn can be found at www.JusticeForDawn.com.

Mark Bennett was aware of the Kasaris-Clover affair and her perjury but he utilized her as a government witness at trial. Bennett was fired by the Justice Department for serious misconduct and criminal activities and is currently undergoing disbarment proceedings, Disciplinary Counsel v, Bennett, case number 2022-034; Department of Justice Inspector General Report Number 21-005, Ohio Supreme Court Case Number 2023-0471. The FBI and Justice Department also blamed Mark Bennett for making material misrepresentations about evidence in the criminal case of Anthony Viola, Viola v. U.S. Department of Justice, et. al., 15-cv-242, WD Pa, document numbers 99 and 164.

Kasaris paramour Kelly Connors accessed evidence and assisted Kasaris prepare for the trial of former Niles, Ohio Mayor Ralph Infante and testified as a government witness in a criminal case where Kasaris served as a “victim advocate” and assisted the Mahoning County Prosecutor’s Office, but on September 13, 2023, jurors acquitted the defendant, Ohio v. Keaton, Mahoning County, 2022 CRB 390. Attorney Peter Pattakos, who defended Tammy Keaton, said, “Thank you to the fine people of Canfield, Ohio, where eight jurors from the community took EIGHT MINUTES to come back with a NOT GUILTY verdict for our client, who is a single mother in her 50s who was being prosecuted for telecommunications harassment.”

Kasaris makes little effort to conceal his affairs with government witnesses, posing for Facebook photos with Connors and entertaining Clover baseball games, local bars in Downtown Cleveland, inviting her to restaurants in nearby Lakewood and to his apartment in North Royalton. Kasaris helped Clover obtain a scholarship to attend law school for free, but while the United States Attorney’s Office in Cleveland stated in writing that Clover committed perjury while testifying in criminal cases, no prosecutor has ever withdrawn her false testimony at criminal trials, preferring that innocent citizens remain imprisoned.

Local Attorneys Caught Covering Up Kasaris Misconduct -- Attorneys Jaye Schlachet, John Patrick and David Comstock have conceded to the facts set forth here at an evidentiary hearing in the courtroom of Judge John P. O’Donnell, but claimed they had no obligation to report misconduct by Kasaris because of Attorney-Client Privilege, but the recently filed brief in Viola v. Kasaris argues that the crime fraud exception applies to communications between an attorney and client which are “intended in some way to facilitate or to actively conceal a crime or fraud.” Sutton v. Stevens Painton Corp., 193 Ohio App.3d 68, 96, 951 N.E.2d 91 (Ohio Ct. App. 2011). Courts have repeatedly held that attorney-client privilege may not be asserted to conceal an attorney’s cooperation with the client’s wrongdoing. These attorneys are aware of the Kasaris-Clover affair, the Kasaris-Connors affair and the illegal undercover operation that led to the death of Dawn Pasela, and now a court will determine whether or not their actions are lawful.

Attorneys Patrick, Comstock and Schlachet are also violation of Ohio Rule of Professional Conduct 8.3(a), “Reporting Professional Misconduct” which provides that “A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authorities.” However, these attorneys show no sign of following their lawful obligations. According to Attorney John Patrick, the brother of Dan Kasaris, the “police are trying to sweep this under the rug … if they think no one is watching.”

“The question now is how much longer Ohio Attorney General Dave Yost can continue to employ Dan Kasaris as a prosecutor,” said Tony Viola. “As usual, the best evidence we have of criminal activities by Prosecutors Bennett and Kasaris are their own emails and written communications. We are once asking the Ohio Attorney General to fire Dan Kasaris and facilitate a proper investigation into his affairs with government witnesses and his actions that caused the death of Dawn Pasela.”

To review court filings, read the Kasaris-Clover emails, view Susan Kasaris’ Facebook posts or read Kelly Connors’ communications and other key documents, please see Viola v. Kasaris, Cuyahoga County Common Pleas Court Case No. CV-21-951041, Court of Appeals No. 23-112497, or please visit the FreeTonyViola.com Evidence Locker.

# # #

Rally Seeking Justice for Dawn Pasela set for Wednesday, August 30, 4:30 – 6 PM at Parma City Hall, 6611 Ridge Road, Parma, OH 44129

Tue, 01 Aug 2023 17:31:57 +0000

Rally Seeking Justice for Dawn Pasela set for Wednesday, August 30, 4:30 – 6 PM at Parma City Hall, 6611 Ridge Road, Parma, OH 44129

New evidence confirms foul play in death of Dawn Pasela
Parma Police Caught Lying to Family, Ignoring Police Procedures, refusing to follow investigative leads outlined by the Cuyahoga County Sheriff and Preventing other law enforcement agencies from investigating Dawn’s death

For Additional Information, Contact: Tony Viola 330-998-329 * MrTonyViola@ICloud.com

FOR IMMEDIATE RELEASE

CLEVELAND, OHIO – August 2, 2023 – FreeTonyViola.com announced today that a rally to demand justice and accountability for those responsible for the death of whistleblower Dawn Pasela will be held Wednesday, August 30, 2023 at 4:30 – 6:00 PM in front of Parma City Hall. The rally follows the discovery of new evidence confirming Dawn was the victim of foul play and the City of Parma’s refusal to investigate or allow other law enforcement agencies to investigate Dawn’s death.

BACKGROUND

Whistleblower Dawn Pasela, 26, was scheduled to testify as a defense witness for criminal defendant Tony Viola about misconduct by prosecutors Mark Bennett and Dan Kasaris in his case and 1,200 criminal cases prosecuted by a multi-jurisdictional Task Force. Viola was charged with stealing $46 million in what prosecutors called “the Nation’s Largest Mortgage Fraud Scheme,” but Viola maintained his innocence throughout the proceedings. Dawn Pasela, the Task Force’s Office Manager, was aware that Bennett and Kasaris suppressed evidence proving the innocence of Viola and hundreds of defendants and that Kasaris was having an affair with government witness Kathryn Clover. During Viola’s second trial, Bennett and Kasaris threatened Dawn with prosecution and prison for assisting Viola and ordered her to leave town. She did not appear in court as scheduled, but was found dead shortly thereafter in her apartment in Parma, Ohio under suspicious circumstances. Specifically, three cell phones were found in her apartment, the heat was set very high to accelerate body decomposition and her computer was missing. According to the Cuyahoga County Sheriff’s Office, the Parma Police failed to collect the cell phones or any evidence, canvass the area around Dawn’s apartment, interview witnesses, obtain surveillance video, or coordinate any investigation with the Medical Examiner’s Office. That agency found an excessively high blood alcohol level of .59, but only performed a cursory autopsy and did not gather any further evidence, later concluding that Dawn’s death was accidental.

In 2022, Task Force Chairman Donald Cleland stated under oath that he directed Ms. Pasela to remove hard drives from the Task Force that contained evidence in hundreds or state and federal criminal cases and bring that evidence to her apartment -- bolstering the contention that investigating the disappearance of Dawn’s computer is central to this case. Other newly discovered evidence includes confirmation that an outbound call on a cell phone in Dawn’s apartment was made well after the stated time of her death and documents establishing that the Parma Police didn’t call an ambulance to Dawn’s apartment but a mortuary service. In addition, multiple witnesses have come forward stating they have heard Kasaris family members discussing Dawn’s “murder.” Despite new evidence and a series of investigative recommendations by the Cuyahoga County Sheriff, the city refuses to conduct any investigation. In 2023, after an exhaustive review of evidence, Uncovered.com, the nation’s largest database of cold cases, accepted Dawn’s case and is providing investigative resources and assistance, details at https://uncovered.com/cases/dawn-pasela.

STATEMENTS FROM THE PASELA FAMILY

ADDITIONAL INFORMATION

The rally is being held pursuant to City of Parma Permit # 2009, which allows free parking in adjacent City Lot at City Hall. Everyone is welcome to join us and make their voices heard, and to provide any suggestions and ideas, but to do so in a peaceful and respectful way. Complementary appetizers will be provided at a nearby restaurant immediately after the event.

# # #

Landmark case against FBI tampering with evidence in mortgage fraud convictions

Fri, 07 Jul 2023 19:56:17 +0000

Landmark case against FBI tampering with evidence in mortgage fraud convictions; Oral arguments July 13, 2023, Link here: https://www.youtube.com/channel/UCLSXp4JMYiFc7BHD_ln3d-w

Yale University Law School Brief Followed FBI and Justice Department admissions of making false statements about evidence
Court ordered government to explain relocation of records and tapes to the Task Force location, failure to disclose that evidence
Prosecutors invasion of defense trial preparation, illegal voice recordings made by deceased Task Force Office Manager Dawn Pasela at issue

FOR ADDITIONAL INFORMATION, kindly contact: Attorney David Roth,
203.498.4394 | droth@wiggin.com | www.law.yale.edu
or Tony Viola, 330-998-3290 | MrTonyViola@ICloud.com

FOR IMMEDIATE RELEASE

CLEVELAND, OHIO – July 4, 2023 – FreeTonyViola.com announced today that The United States Court of Appeals for the Third Circuit ordered oral arguments on Thursday, July 13 at 10 AM, following the submission of a legal brief by the Yale Law School Appellate Clinic in litigation concerning missing evidence, voice recordings made by Dawn Pasela and documents shifted from the US Attorney’s Office in Cleveland to a multi-jurisdictional Task Force location before criminal trials, Viola v. Department of Justice, et. al., case # 22-2186. The Court will livestream these oral argument on its YouTube channel at: https://www.youtube.com/channel/UCLSXp4JMYiFc7BHD_ln3d-w. After the argument, the audio will be posted at: https://www.ca3.uscourts.gov/oral-argument-recordings.

Tony Viola was tried twice on identical charges by a federally funded Mortgage Fraud Task Force on allegations he duped banks, including JP Morgan Chase, into making 'no money down' mortgage loans. Following a conviction in federal court, Tony proved his innocence at a second trial in state court, on identical charges, prosecuted by the same prosecution team, using evidence prosecutors said didn't exist, but that was given to Viola by the Task Force's Office Manager, Dawn Pasela. Ms. Pasela offered to testify about prosecutorial misconduct, but was found dead in her apartment shortly after her scheduled testimony, but no investigation into the circumstances surrounding her death has ever taken place.

This public records litigation was initiated in 2015 to obtain proof that federal prosecutors possessed exculpatory evidence before Viola’s first trial, shifted those materials to a federally funded and staffed Task Force location, then claimed that the government was not obligated to search for records it placed there. During this litigation, both the Justice Department and the FBI each admitted making false statements about evidence and records, then asked the lower court to vacate earlier rulings in the government’s failure.

In 2022, Task Force Chairman Donald Cleland stated under oath that he directed Ms. Pasela to remove hard drives from the Task Force that contained evidence in over 1,000 criminal cases and later went missing. Also, in 2022, the Justice Department blamed former federal prosecutor Mark Bennett for false statements about evidence. Bennett was fired by the Justice Department and is currently undergoing disbarment proceedings, Disciplinary Counsel v, Bennett, case number 2022-034; DOJ Inspector General Report Number 21-005.

Cleveland-based Attorney Kimberly Kendall Corral utilized newly discovered evidence to file a petition to vacate Viola’s federal conviction, based on the destruction of exculpatory evidence by prosecutors, use of coerced testimony and the undisclosed use of an “advocate witness” at trial. In federal court, Mark Bennett falsely informed jurors that government witness Kathryn Clover was a “fact witness” testifying based on her personal knowledge of events, but Clover was actually a paid paralegal working inside the prosecutor’s office, and in a romantic relationship with state prosecutor Daniel Kasaris, In re: Anthony Viola, Case No. 23-3050, Sixth Circuit.

“The structure of this multi-jurisdictional Task Force was utilized to screen witnesses and shift evidence between locations and jurisdictions, often beyond the control of the judges overseeing federal and state prosecutions. If these actions are permitted, the government’s obligation to produce exculpatory evidence before trials or plea negotiations no longer exists – prosecutors can simply shift exculpatory evidence, illegal voice recordings or public records to a different building, then claim they no longer possess or control such records. Evidence Mark Bennett stashed at the Task Force not only impacts my case but wholly undermined the government's theory in all of the Task Force’s prosecutions and may result in hundreds of criminal convictions being reopened.”

“Finally,” Viola added, “We are also asking for a full investigation into the death of Dawn Pasela and request that all records concerning Ms. Pasela be made public at once."

ABOUT THE YALE LAW SCHOOL APPELLATE CLINIC: The Yale Law School Appellate Litigation Project provides legal representation to pro se appellants with meritorious civil cases pending before the court. For additional information about the clinic, please visit www.law.yale.edu/clinics/our-clinics.

ABOUT APPOINTED COUNSEL: David Roth is a Visiting Clinical Lecturer in Law at Yale Law School and Counsel in Wiggin and Dana’s Litigation Department. Mr. Tadhg Dooley is a Visiting Clinical Lecturer in Law at Yale Law School and an associate in the Appellate and Complex Legal Issues Group at Wiggin and Dana LLP in New Haven. Additional information is available at www.wiggin.com.

ABOUT FREETONYVIOLA.COM: FreeTonyViola.com’s mission is to shine a bright spotlight on the ‘win at all costs’ tactics, prosecutorial overreach and misconduct the United States Department of Justice employs when prosecuting American citizens. Tony Viola was investigated by the Cuyahoga County Mortgage Fraud Task Force, a multi-jurisdictional task force comprised of state, local and federal agencies, and prosecuted in parallel federal and state cases. He lost the federal case but won the subsequent state trial. The website, originally created to solicit leads for Tony’s investigative team, has evolved into a tool to keep the public informed about critical developments in his case, and to share information that could potentially assist others who have been wrongfully ensnared by our criminal justice system. For additional information, visit http://www.FreeTonyViola.com, friend us on Facebook at https://www.facebook.com/tony.viola.9212, or follow us on Twitter @TonyViola.

# # #

Rally for Justice Set for Tuesday June 27 at 5 PM, at the Ohio Supreme Court in Columbus, on the eve of Disbarment Proceedings against Former Federal Prosecutor Mark Bennett

Wed, 14 Jun 2023 23:44:41 +0000

Rally for Justice Set for Tuesday June 27 at 5 PM, at the Ohio Supreme Court in Columbus, on the eve of Disbarment Proceedings against Former Federal Prosecutor Mark Bennett

Rally highlights Bennett’s two decades of sexual assault, false statements & misconduct that led to incarceration of hundreds of innocent citizens
Yale Law School Legal Brief details Bennett misconduct, suppression of evidence in 1,000 criminal cases prosecuted by joint Task Force
Attorney Kim Corral highlights Bennett’s use of perjured testimony to win cases and covering up an affair with government witness Kathryn Clover
Bennett threatened his Office Manager, Dawn Pasela, who was found dead in her apartment as she was scheduled to testify about Bennett’s misconduct at the second trial of Anthony Viola

FOR IMMEDIATE RELEASE

CLEVELAND, OHIO – June 15, 2023 – FreeTonyViola.com announced today that, on the eve of Ohio Supreme Court disbarment proceedings against former federal Prosecutor Mark Bennett, a Rally for Justice will be held outside the Ohio Supreme Court on Tuesday, June 27^,5-7 PM, 65 S Front St, Columbus, OH 43215. In 2020, Mark Bennett was fired by the Justice Department for serious misconduct and criminal activities and is currently undergoing disbarment proceedings, Disciplinary Counsel v, Bennett, case number 2022-034; Department of Justice Inspector General Report Number 21-005, Ohio Supreme Court Case Number 2023-0471. A hearing about Bennett’s pending disbarment will be held the morning of June 28 and will be live streamed by the Ohio Supreme Court’s Ohio Channel.

According to the Inspector General, Mark Bennett “physically and verbally harassed” women for two decades, demanded nude photos from colleagues, committed “sexual imposition”, insisted on “a sexual favor in exchange for a letter of recommendation” for an intern because he was excited about the “size” of her “buttocks.” Bennett was caught “deliberately running his arm across the breast,” of a colleague and purchased jewelry for married co-workers. Bennett also lied to investigators about utilizing a myriad of social media platforms to troll women on line – Bennett used Snapchat, Facebook messenger, Twitter, Skype messages and other means to solicit sex. Bennett falsely claimed he didn’t log onto social media sites from his government computer, saying he “completely avoided those sites” because he feared his computer could be infected with “viruses.” A forensic analysis of Bennett’s computer showed he logged into Facebook and Twitter “more than 25 times” and made a number of false statements to investigators.

In addition to the Inspector General Investigation, The FBI and Justice Department also blamed Mark Bennett for making material misrepresentations about evidence in the criminal case of Anthony Viola, Viola v. U.S. Department of Justice, et. al., 15-cv-242, WD Pa, document numbers 99 and 164. Viola was exonerated at a subsequent criminal trial but spent a decade in prison. Yale University Law School represents Anthony Viola in a case where Bennett concealed an affair between Assistant Ohio Attorney General Dan Kasaris and government witness Kathryn Clover, used Clover’s perjured testimony in criminal cases, and shifted exculpatory evidence before Viola's first trial from the US Attorney’s Office to a multi-jurisdictional task force location, Viola v. Department of Justice, et. al., case number 22-2186, U.S. Court of Appeals for the Third Circuit.

Prior to Viola’s first trial, Bennett directed his Office Manager, Dawn Pasela, to pose as a graduate student studying criminal justice and record a series of post-indictment conversations with Viola. Ms. Pasela also donated finds towards Viola's legal fees so Bennett could use her cancelled check to identify the law firm's bank account and obtain confidential defense trial strategy information. Later, Ms. Pasela came forward to assist Viola and provided him with exculpatory evidence Bennett failed to produce before the first trial. During Viola’s second trial, she was threatened with prison and found dead in her apartment under suspicious circumstances, www.uncovered.com/cases/Dawn-Pasela.

In 2023, Attorney Kim Corral recently submitted a detailed court filing about Bennett’s misconduct during the Viola prosecution that led to the death of Dawn Pasela, In re: Anthony Viola, Case No. 23-3050, Sixth Circuit, and JusticeForDawn.com.

Despite overwhelming evidence of criminal activities by Mark Bennett, the Ohio Supreme Court Disciplinary Counsel is only pursuing a tiny portion of the Bennett misconduct identified in government investigations and has refused repeated requests by Viola and the family of Dawn Pasela to meet with investigators and submit additional evidence about Bennett’s wrongdoing. The Disciplinary Counsel has refused to investigate the following:

The affair between Assistant Ohio A.G. Dan Kasaris and Government Witness Kathryn Clover, who lied in criminal trials & grand jury proceedings, USA v. Clover, 10-cr-75, N.D Oh, Docket # 46.
$20 million in Restitution in “mortgage fraud” cases is missing or unaccounted for
Bennett’s destruction of Evidence in Criminal Cases
Bennett’s materially false statements during criminal proceedings that led to the incarceration of innocent citizens
Bennett’s threats to indict the wives of criminal defendants unless the testified falsely in court proceedings

Documentary evidence in support of all statements made above can be found on line in the Evidence Locker of FreeTonyViola.com. Scheduled speakers at the event are exonerees, Jamie Sell from the Wrongful Conviction Support Group on Facebook, author Bob Grundstein and representatives from the family of Dawn Pasela. Additional speakers are welcome to join us at the event and should contact Tony Viola for details.

ABOUT THE YALE LAW SCHOOL APPELLATE CLINIC: The Yale Law School Appellate Litigation Project provides legal representation under the supervision of attorneys from the law firm of Wiggin and Dana to pro se appellants with meritorious civil cases pending before the court. For additional information about the clinic, please visit www.law.yale.edu/clinics/our-clinics, or www.wiggin.com.

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The Unexpected Guest Podcast with Rebecca Singleton Features Tony Viola's Prosecution and Subsequent Exoneration

Wed, 10 May 2023 14:06:31 +0000

The Unexpected Guest Podcast with Rebecca Singleton Features Tony Viola's Prosecution and Subsequent Exoneration

The Unexpected Guest is a weekly podcast that brings the listeners first-hand stories from people who may have experienced addiction, perpetrated violence or committed an act that many would consider unforgivable. The podcast will take the listener on a journey through each guest's incredible life story, leaving you wondering whether people can change. On May 8, 2023, the show featured in interview with Tony Viola, who discussed how he won a second trial from prison and how whistleblower Dawn Pasela provided him with evidence prosecutors Mark Bennett and Dan Kasaris suppressed before the first trial,

To listen to the interview, click this link: https://www.buzzsprout.com/2156189/12799044

If you enjoy the Podcast, please consider giving Rebecca's show a 5 star rating or post a comment with your thoughts!

Yale University Law School Submits Pro Bono Legal Brief About Suppressed Evidence in Tony Viola’s Criminal Cases

Mon, 10 Apr 2023 14:39:52 +0000

Yale University Law School Submits Pro Bono Legal Brief About Suppressed Evidence in Tony Viola’s Criminal Cases

FBI and Justice Department admit making false statements about evidence, blame former prosecutor Mark Bennett for failing to produce records
Court orders government to explain relocation of records and tapes to the Task Force location, failure to disclose that evidence
Prosecutors invasion of defense trial preparation, illegal voice recordings made by Task Force Office Manager Dawn Pasela at issue
Court orders oral arguments and considers Referring Misconduct by Prosecutors Mark Bennett and Dan Kasaris for Criminal Investigation

FOR IMMEDIATE RELEASE

CLEVELAND, OHIO – April 10, 2023 – FreeTonyViola.com announced today that The Yale Law School Appellate Clinic and the Law Firm of Wiggin and Dana submitted a Pro Bono legal brief in litigation concerning missing evidence, voice recordings made by Dawn Pasela and documents shifted from the US Attorney’s Office in Cleveland to a multi-jurisdictional Task Force location before criminal trials, Viola v. Department of Justice, et. al., case number 22-2186, U.S. Court of Appeals for the Third Circuit.

Tony Viola was tried twice on identical charges by a federally funded Mortgage Fraud Task Force on allegations he duped banks, including JP Morgan Chase, into making 'no money down' mortgage loans. Following a conviction in federal court, Tony proved his innocence at a second trial in state court, on identical charges, prosecuted by the same prosecution team, using evidence prosecutors said didn't exist, but that was given to Tony by the Task Force's Office Manager, Dawn Pasela. Ms. Pasela offered to testify about prosecutorial misconduct, but was found dead in her apartment shortly after her scheduled testimony, but no investigation into the circumstances surrounding her death has ever taken place.

This litigation was initiated in 2015 to obtain proof that federal prosecutors possessed exculpatory evidence before Tony’s first trial, shifted those materials to a federally funded and staffed Task Force location, then claimed that the government was not obligated to search for records it placed there. The record in this case establishes that the FBI repeatedly forwarded federal evidence to the Task Force, and that the Task Force was federally funded and staffed by multiple federal agencies. Because the government’s own documents contradicted the government’s statements in its court pleadings, The United States Court of Appeals for the Third Circuit rejected the Justice Department's contention that evidence relocated to a Federal-State Task Force is not subject to disclosure by the government.

In 2022, Task Force Chairman Donald Cleland stated under oath that he directed Ms. Pasela to remove hard drives from the Task Force for storage at her apartment. These hard drives, containing evidence in over 1,000 criminal cases, later went missing, according to Cleland. Also, in 2022, the Justice Department blamed former federal prosecutor Mark Bennett for false statements about evidence. Bennett was fired by the Justice Department and is currently undergoing disbarment proceedings, Disciplinary Counsel v, Bennett, case number 2022-034; DOJ Inspector General Report Number 21-005.

Cleveland-based Attorney Kimberly Kendall Corral utilized some of the newly discovered evidence produced in the records case to file a petition to vacate Tony Viola’s federal conviction, based on the destruction of exculpatory evidence by prosecutors, use of coerced testimony and the undisclosed use of an “advocate witness” at trial. In federal court, Mark Bennett falsely informed jurors that government witness Kathryn Clover was a “fact witness” testifying based on her personal knowledge of events, but Clover was actually a paid paralegal working inside the prosecutor’s office, and in a romantic relationship with state prosecutor Daniel Kasaris, In re: Anthony Viola, Case No. 23-3050, Sixth Circuit.

In the records case, The Court of Appeals found that Tony was likely to prevail in the case, and was entitled to counsel and forwarded a Motion for a Criminal Referral to the merits panel of three judges for further consideration. In its appellate brief, which has been posted in the FreeTonyViola.com Evidence Locker, the Yale Law School Advanced Appellate Clinic argued that:

The FBI and Justice Department are in violation of a 2016 court order requiring each to produce voice recordings made by Dawn Pasela, and emails from Prosecutors Mark Bennett and Dan Kasaris to government witness Kathryn Clover, who Bennett admitted committed perjury at Tony’s trial.
The Task Force constitutes a “federal agency” because it houses federally created records and was funded and staffed by federal agencies, thereby making the relocation of evidence there contrary to law.
"Reliance on Bennett to search for responsive records” was inappropriate, especially after the Justice Department Inspector General conducted a forensic found that Bennett routinely lied about the contents on his computer.

“Law enforcement officials routinely prosecute Americans through Task Forces but this Task Force was utilized to screen witnesses and shift evidence between locations and jurisdictions, often beyond the control of the judges overseeing federal and state prosecutions. If these actions are permitted, the government’s obligation to produce exculpatory evidence before trials or plea negotiations no longer exists – prosecutors can simply shift exculpatory evidence to a different building, then claim they no longer possess or control such records. Evidence Mark Bennett stashed at the Task Force not only impacts my case but wholly undermined the government's theory in all of the Task Force’s prosecutions and may result in hundreds of criminal convictions being reviewed, according to the Yale court submission.”

“Finally,” Viola added, “We are also asking for a full investigation into the death of Dawn Pasela and request that all records concerning Ms. Pasela be made public at once."

ABOUT THE YALE LAW SCHOOL APPELLATE CLINIC: The Yale Law School Appellate Litigation Project provides legal representation to pro se appellants with meritorious civil cases pending before the court. For additional information about the clinic, please visit www.law.yale.edu/clinics/our-clinics.

ABOUT ATTORNEY KIMBERLY KENDALL CORRAL: Kimberly Kendall Corral has successfully and aggressively defended a wide range of criminal cases from misdemeanors to capital homicide cases. Kim represents clients at all levels of criminal justice advocacy. This includes investigation, indictment, pre-trial motions practice, trial, direct appeals, post-conviction remedies, jurisdictional appeals, habeas corpus, and wrongful conviction litigation. Kim was invited to the Oval Office to discuss a client’s pardon with the President of the United States and White House Counsel. She was honored as a Rising Star in 2019 by Super Lawyers. Additional information about Attorney Kimberly Corral’s law practice and recent accomplishments can be found on her website, www.kimlawcrimlaw.com.

ABOUT FREETONYVIOLA.COM: FreeTonyViola.com’s mission is to shine a bright spotlight on the ‘win at all costs’ tactics, prosecutorial overreach and misconduct the United States Department of Justice employs when prosecuting American citizens. Tony Viola was investigated by the Cuyahoga County Mortgage Fraud Task Force, a multi-jurisdictional task force comprised of state, local and federal agencies, and prosecuted in parallel federal and state cases. He lost the federal case but won the subsequent state trial. The website, originally created to solicit leads for Tony’s investigative team, has evolved into a tool to keep the public informed about critical developments in his case, and to share information that could potentially assist others who have been wrongfully ensnared by our criminal justice system. For additional information, visit http://www.FreeTonyViola.com, friend us on Facebook at https://www.facebook.com/tony.viola.9212, or follow us on Twitter @TonyViola.

# # #

Attorney Kim Corral Files Petition to Vacate Tony Viola’s Federal Conviction; Yale University Appellate Clinic Finalizing Appellate Brief about “Missing” Evidence

Sun, 26 Feb 2023 20:29:44 +0000

Attorney Kim Corral Files Petition to Vacate Tony Viola’s Federal Conviction; Yale University Appellate Clinic Finalizing Appellate Brief about “Missing” Evidence

Ms. Corral cites Perjured and Coerced witness testimony at trial established by recently obtained emails and sworn affidavits
Prosecutors Mark Bennett and Dan Kasaris caught in lies about computers in the government’s possession that prosecutors claimed were “lost”
Bennett used perjured testimony of Kathryn Clover and claimed she was a “fact witness” when she was actually in a sexual relationship with Prosecutor Dan Kasaris and a paid paralegal
Yale Appellate Clinic Appointment follows FBI and Justice Department admissions of Making False Statements Under Oath about Evidence and FBI court filings that say it was unaware of its own records for a decade
Exculpatory Evidence in Tony’s case may impact 1,000 Task Force Prosecutions

FOR IMMEDIATE RELEASE

Cleveland, Ohio – March 1, 2023 – FreeTonyViola.com announced today that Attorney Kimberly Kendall Corral filed a petition to vacate Tony Viola’s federal conviction, based on the destruction of exculpatory evidence by prosecutors, use of coerced testimony and the undisclosed use of an “advocate witness” at trial. In federal court, Mark Bennett falsely informed jurors that government witness Kathryn Clover was a “fact witness” testifying based on her personal knowledge of events, but Clover was actually a paid paralegal working inside the prosecutor’s office, and in a romantic relationship with state prosecutor Daniel Kasaris, In re: Anthony Viola, Case No. 23-3050, Sixth Circuit.

In related litigation, the Yale Law School Appellate Clinic and the Law Firm of Wiggin and Dana are representing Tony Viola on a Pro Bono basis in litigation concerning missing evidence, voice recordings made by deceased whistleblower Dawn Pasela and documents shifted from the US Attorney’s Office in Cleveland to a multi-jurisdictional Task Force location before criminal trials, Viola v. Department of Justice, et. al., Case No. 22-2186, U.S. Court of Appeals for the Third Circuit. Documents in support of Ms. Corral’s petition to vacate the federal conviction were obtained in the related litigation concerning the suppression of evidence and failure to produce voice recordings prior to Viola’s federal trial. Now, the United States Court of Appeals for the Third Circuit is about to rule on the legality of the government’s shifting of exculpatory evidence between jurisdictions and locations prior to trial.

BACKGROUND

Tony Viola was tried twice on identical charges by a federally funded Mortgage Fraud Task Force on allegations he duped banks, including JP Morgan Chase, into making 'no money down' mortgage loans. Following a conviction in federal court, Tony proved his innocence at a second trial in state court, on identical charges, prosecuted by the same prosecution team, using evidence prosecutors said didn't exist, but that was provided by Task Force Office Manager, Dawn Pasela. Ms. Pasela offered to testify at the second trial about prosecutorial misconduct, but Prosecutors Mark Bennett and Dan Kasaris threatened Ms. Pasela with indictment and federal prison if she appeared. Ms. Pasela never testified and was found dead in her apartment shortly after her scheduled testimony, but no investigation into her death has ever taken place.

In 2015, Tony filed suit against the Justice Department and the Task Force, alleging that prosecutors Bennett and Kasaris, along with FBI Agent Jeff Kassouf, used the structure of the Task Force to shift exculpatory evidence between locations and jurisdictions to hide it before his first trial. The DOJ and Task Force responded that the Task Force was a purely local endeavor, and the federal government was not responsible to search for evidence stored there. Those statements were contradicted by the government’s own documents, which showed that the FBI repeatedly forwarded federal evidence to the Task Force location, and that the Task Force was federally funded and staffed by multiple federal agencies. Because the government’s own documents contradicted the government’s statements in its court pleadings, The United States Court of Appeals for the Third Circuit rejected the Justice Department's contention that evidence relocated to a Federal-State Task Force is not subject to disclosure by the government. In 2019, the Justice Department was ordered to conduct a new search for records, which resulted in both the FBI and Justice Department admitting that each make false statements about evidence in Tony’s case, Viola v. Department of Justice, et. al., case number 15-cv-242, Western District of Pennsylvania.

In 2020, the FBI claimed it was unaware of evidence in its own record system for over a decade and stated in a court filing “The FBI investigated why the records were not initially processed and found that, when it had initially searched for and gathered records, it had inadvertently failed to obtain all portions of the responsive records. … The FBI intends to process the additional records” totaling nearly 10,000 pages “expeditiously,” Docket number 99, Page 2. Assistant U.S. Attorney Michael Colville informed the federal judiciary that the Justice Department also made false statements in sworn affidavits and discovered additional evidence it previously failed to produce, and that he “regrets those inaccuracies and the resulting inconvenience.”

In 2022, Task Force Chairman Donald Cleland stated under oath that he directed Ms. Pasela to remove hard drives from the Task Force location for storage at her home. These hard drives, containing evidence in over 1,000 criminal cases, later went missing, according to Cleland. Also, in 2022, the Justice Department blamed former federal prosecutor Mark Bennett for false statements about evidence. Bennett was fired by the Justice Department and is currently undergoing disbarment proceedings, Disciplinary Counsel v, Bennett, Case No. 2022-034; DOJ Inspector General Report No. 21-005.

In late 2022, the United States Court of Appeals for the Third Circuit ruled that Viola was likely to prevail in the case, and was entitled to counsel. The Court then appointed the Yale Law School Appellate Law Clinic and the Law Firm of Wiggin and Dana to submit a brief addressing “the agencies’ disclosure decisions.” The Court also forwarded a Motion to Refer Government admissions and misconduct to the DOJ Inspector General, and a Motion for a Criminal Referral, to the merits panel of three judges for further consideration.

The Yale Appellate Clinic and Pro Bono Counsel at Wiggin and Dana are finalizing an appellate brief and coordinating their efforts with Ms. Corral, who utilized evidence and documents obtained in the records litigation to support her petition to vacate Tony Viola’s conviction on actual innocence grounds.

PETITION TO VACATE THE FEDERAL CONVICTION

Based upon newly discovered evidence, including the government’s possession of exculpatory evidence it later suppressed, and Kathryn Clover’s role as a member of the prosecution team and not a fact witness, Ms. Corral filed a petition with the United States Court of Appeals to vacate Tony Viola’s conviction, and requested a full evidentiary hearing to develop a detailed factual record of actual innocence and the government’s violation of due process of law during mortgage fraud prosecutions. The Court of Appeals conducted an initial screening of the petition and made a preliminary finding that the petition was meritorious, and ordered the government to address all issues raised in the petition. Once again, however, the US Attorney’s Office in Cleveland declined to address the substance of the filing, saying it decided not to submit a formal reply but argued that any attempt to re-examine the case constituted an “abuse of the judicial process.”

“It’s impossible to defend yourself when the government possesses, then destroys, evidence establishing a defendant’s innocence,” said Tony Viola. “The computers from the mortgage companies contained emails from lenders approving all loan terms and established there was no fraud. The computers also contained documents contemporaneous with the transactions listed in the indictment, and prosecutors were obligated to preserve and not destroy this evidence. Now that Mark Bennett and Dan Kasaris have been caught red handed using coerced and perjured testimony of multiple witnesses to ‘win’ convictions, I hope recent developments result in Bennett and Kasaris being held accountable for their misconduct, and that other wrongfully convicted defendants will have their cases re-examined. We are also asking for a full investigation into the death of Dawn Pasela.”

ABOUT THE YALE LAW SCHOOL APPELLATE CLINIC: The Yale Law School Appellate Litigation Project provides legal representation to pro se appellants with meritorious civil cases pending before the court. Additional information about the clinic is available at: www.law.yale.edu/clinics/our-clinics.

ABOUT APPOINTED COUNSEL: David Roth is a Visiting Clinical Lecturer in Law at Yale Law School and Counsel in Wiggin and Dana’s Litigation Department. Mr. Tadhg Dooley is a Visiting Clinical Lecturer in Law at Yale Law School and an associate in the Appellate and Complex Legal Issues Group at Wiggin and Dana LLP in New Haven. Wiggin and Dana is a full-service law firm with more than 160 attorneys. With offices in Connecticut, New York, Philadelphia, Washington, DC, and Palm Beach, the firm represents clients throughout the United States and globally on a wide range of sophisticated and complex matters. Additional information is available at www.wiggin.com.

ABOUT FREETONYVIOLA.COM: FreeTonyViola.com’s mission is to shine a bright spotlight on the ‘win at all costs’ tactics, prosecutorial overreach and misconduct the United States Department of Justice employs when prosecuting American citizens. Tony Viola was investigated by the Cuyahoga County Mortgage Fraud Task Force, a multi-jurisdictional task force comprised of state, local and federal agencies, and prosecuted in parallel federal and state cases. He lost the federal case but won the subsequent state trial. The website, originally created to solicit leads for Tony’s investigative team, has evolved into a tool to keep the public informed about critical developments in his case, and to share information that could potentially assist others who have been wrongfully ensnared by our criminal justice system. For additional information, visit http://www.FreeTonyViola.com; friend us on Facebook at https://www.facebook.com/tony.viola.9212; or follow us on Twitter @TonyViola.

# # #

Court of Appeals Appoints Yale University Appellate Law Clinic to Represent Tony Viola

Mon, 23 Jan 2023 18:26:47 +0000

Court of Appeals Appoints Yale University Appellate Law Clinic

to Represent Tony Viola

Appointment follows FBI and Justice Department admissions of Making False Statements Under Oath about Evidence
FBI claims it was unaware of its own records for a decade
Appellate Brief to be Submitted in the Spring
Oral arguments in the Court of Appeals Upcoming
Court considers Referring Misconduct for Criminal Investigation

FOR IMMEDIATE RELEASE

CLEVELAND, OHIO – January 24, 2023 – FreeTonyViola.com announced today that The Yale Law School Appellate Clinic and the Law Firm of Wiggin and Dana are now representing Tony Viola on a Pro Bono basis in litigation concerning missing evidence, voice recordings made by Dawn Pasela and documents shifted from the US Attorney’s Office in Cleveland to a multi-jurisdictional Task Force location before criminal trials, Viola v. Department of Justice, et. al., case number 22-2186, U.S. Court of Appeals for the Third Circuit.

Tony Viola was tried twice on identical charges by a federally funded Mortgage Fraud Task Force on allegations he duped banks, including JP Morgan Chase, into making 'no money down' mortgage loans. Following a conviction in federal court, Tony proved his innocence at a second trial in state court, on identical charges, prosecuted by the same prosecution team, using evidence prosecutors said didn't exist, but that was given to Tony by the Task Force's Office Manager, Dawn Pasela. Ms. Pasela offered to testify at the second trial about prosecutorial misconduct, but Prosecutors Mark Bennett and Dan Kasaris threatened Ms. Pasela with indictment and federal prison if she appeared in court. Ms. Pasela never testified and was found dead in her apartment shortly after her scheduled testimony, but no investigation into the circumstances surrounding her death has ever taken place.

In 2015, Tony filed suit against the Justice Department and the Task Force, alleging that prosecutors Bennett and Kasaris, along with FBI Agent Jeff Kassouf, used the structure of the Task Force to shift exculpatory evidence between locations and jurisdictions to hide it before his first trial. The DOJ and Task Force responded that the Task Force was a purely local endeavor, and the federal government was not responsible to search for evidence stored at the Task Force, or for any misconduct that took place there. Those statements were contradicted by the government’s own documents, which showed that the FBI repeatedly forwarded federal evidence to the Task Force location, and that the Task Force was federally funded and staffed by multiple federal agencies. Because the government’s own documents contradicted the government’s statements in its court pleadings, The United States Court of Appeals for the Third Circuit rejected the Justice Department's contention that evidence relocated to a Federal-State Task Force is not subject to disclosure by the government. In 2019, the Justice Department was ordered to conduct a new search for records, which resulted in both the FBI and Justice Department admitting that each make false statements about evidence in Tony’s case, requiring three years of additional litigation in the United States District Court, Viola v. Department of Justice, et. al., case number 15-cv-242, Western District of Pennsylvania.

According to the FBI, it only became aware of evidence in its own records system “when it received those records” from the U.S. Attorney’s Office and “discovered that they had not been processed ... The FBI investigated why the records were not initially processed and found that, when it had initially searched for and gathered records, it had inadvertently failed to obtain all portions of the responsive records. … The FBI intends to process the additional records” totaling nearly 10,000 pages “expeditiously,” Docket number 99, Page: 2. In addition, Assistant U.S. Attorney Michael Colville informed the federal judiciary that the Executive Offices for United States Attorneys also made false statements in sworn affidavits and discovered additional evidence it previously failed to produce, and that he “regrets those inaccuracies and the resulting inconvenience.”

In 2022, Task Force Chairman Donald Cleland stated under oath that he directed Ms. Pasela to remove hard drives from the Task Force location for storage at her home. These hard drives, containing evidence in over 1,000 criminal cases, later went missing, according to Cleland. Also, in 2022, the Justice Department blamed former federal prosecutor Mark Bennett for false statements about evidence. Bennett was fired by the Justice Department and is currently undergoing disbarment proceedings, Disciplinary Counsel v, Bennett, case number 2022-034; DOJ Inspector General Report Number 21-005.

The Court of Appeals found that Tony was likely to prevail in the case, and was entitled to counsel. The Court then appointed the Yale Law School Appellate Law Clinic and the Law Firm of Wiggin and Dana to submit a brief addressing “the agencies’ disclosure decisions.” The Court also forwarded a Motion to Refer Government admissions and misconduct to the DOJ Inspector General, and a Motion for a Criminal Referral, to the merits panel of three judges for further consideration.

The Yale Appellate Clinic and Pro Bono Counsel at Wiggin and Dana will be coordinating their efforts with Cleveland-based attorney Kimberly Corral, who is moving to vacate Tony Viola’s federal conviction and also submitting a filing detailing newly discovered evidence that further supports Tony’s innocence claims.

“It is a great honor to be represented by the Yale Law School, the attorneys at the Wiggin law firm and Kim Corral,” said Tony Viola. “I am very grateful for everyone’s assistance and commitment to justice. Law enforcement officials often use Task Forces to prosecute American citizens but, here, the Task Force was utilized to screen witnesses and shift evidence between locations and jurisdictions, often beyond the control of the judges overseeing federal and state prosecutions. This case may finally create concrete rules about how evidence and records can be shifted between government agencies and clarify the government’s duty to search Task Force locations for records and evidence.”

“In addition to rules governing Task Forces, we are also asking for a full investigation into the death of Dawn Pasela and ask that all records concerning Ms. Pasela be made public at once. The US Attorney’s Office in Cleveland mishandled and destroyed evidence and used false testimony as part of its ‘win at all costs’ style of prosecuting American citizens, but the evidence Mark Bennett stashed at the Task Force not only impacts my case but may result in hundreds of criminal convictions being reviewed."

ABOUT FREETONYVIOLA.COM: FreeTonyViola.com’s mission is to shine a bright spotlight on the ‘win at all costs’ tactics, prosecutorial overreach and misconduct the United States Department of Justice employs when prosecuting American citizens. Tony Viola was investigated by the Cuyahoga County Mortgage Fraud Task Force, a multi-jurisdictional task force comprised of state, local and federal agencies, and prosecuted in parallel federal and state cases. He lost the federal case but won the subsequent state trial. The website, originally created to solicit leads for Tony’s investigative team, has evolved into a tool to keep the public informed about critical developments in his case, and to share information that could potentially assist others who have been wrongfully ensnared by our criminal justice system. For additional information, visit http://www.FreeTonyViola.com, friend us on Facebook at https://www.facebook.com/tony.viola.9212, or follow us on Twitter @TonyViola.

# # #

Cuyahoga County Prosecutor’s Office, County Land Bank divert $15 million in Crime Victim Funds, Improperly Seize Real Estate from Citizens

Sun, 11 Dec 2022 20:25:20 +0000

Cuyahoga County Prosecutor’s Office, County Land Bank divert $15 million in Crime Victim Funds, Improperly Seize Real Estate from Citizens

Disbursement ledger details misappropriation of crime victim funds
Land Bank gains ownership of properties at no cost, without compensation to former owners and without forfeiture orders
Federal lawsuit seeks independent investigation of Land Bank
County Auditor claims it is “inhibited” from conducting a forensic accounting

FOR IMMEDIATE RELEASE

December 12, 2022 – Cleveland, Ohio – FreeTonyViola.com announced today that an investigation into the collection and disbursement of restitution in criminal cases established that the Cuyahoga County Prosecutor’s Office collected over $15 million in restitution, but never remitted any of funds to crime victims listed on court orders. Instead, a disbursement ledger confirms the Prosecutor’s Office utilized funds collected in mortgage fraud cases to pay for airline tickets, hotel rooms, laptop computers for prosecutors and made payments to current Senior Assistant Ohio Attorney General Daniel Kasaris, listed as “KasDan” on the ledger. At the same time restitution was being diverted from crime victims, the Cuyahoga County Land Bank obtained millions of dollars in real estate, often without any court orders or written agreements from former property owners following demands by the County Prosecutor that individuals surrender real estate to the Land Bank in order to have criminal cases dismissed.

For over a decade, the Prosecutor’s Office and the County Land Bank worked together to secure federal grants to fund a multi-jurisdictional Mortgage Fraud Task Force, Bureau of Justice Assistance Grant # 2009-SC - B9-0080, often using criminal charges to compel defendants to forfeit properties to the Land Bank. On multiple occasions, the Land Bank ended up with free houses -- including Tony Viola’s personal home at 3048 Meadowbrook Blvd. in Cleveland Heights – without paying any compensation and without any court order allowing the seizure of property. Viola was tried twice, exonerated at a second trial, never pled guilty to any charges, never agreed to forfeit any property, and was never ordered to forfeit any property by any court. He later filed suit to demand an investigation into how the Land Bank obtained ownership and possession of his house at no cost, which Viola claims was an unconstitutional seizure of property without compensation, Viola v. Cuyahoga County Land Bank, et. al., Case Number 1:21-cv-1196, N.D. Ohio, Court of Appeals Number 21-4139.

Multiple criminal defendants who have paid restitution for a decade recently contacted “victims” listed on restitution orders and were informed by these entities that they have never received any payments from the Prosecutor’s Office. Several victims added that they were unaware they were listed as victims in court cases and stated they were not owed money. An investigation by the Consumer Financial Protection Bureau concluded that no bank in Tony Viola’s criminal case has ever received any restitution. But prosecutors in mortgage fraud cases claimed that banks were innocent victims of fraud schemes, entitled to restitution, and argued that long prison sentences were justified because of significant “loss amounts.”

In the summer of 2022, The FreeTonyViola.com Investigative Team submitted all of the documents, the restitution disbursement ledger and federal grant applications to the Cuyahoga County Internal Auditor, and requested a forensic accounting of funds collected by the Prosecutor’s Office, pursuant to Section 11:03 of the Cuyahoga County charter, which states:

The County Audit Committee shall provide internal auditing to assist the County Executive, Fiscal Officer, the Council, and other county officers and departments, institutions, boards, commissions, authorities, organizations, and agencies of the County government funded in whole or in part by County funds in providing taxpayers of the County with efficient and effective services.

In December, 2022, Cuyahoga County Internal Auditor Monica Houston stated that the Auditor’s Office did not have the authority to audit accounts maintained by the County Prosecutor’s Office, adding that “Unfortunately, our ability to carry out what we believe is the ultimate responsibility of our department as desired and voted on by Cuyahoga County residents, the upholding and preservation of taxpayer trust through the provision of independent, objective audit services, is currently being inhibited.”

“Mortgage fraud prosecutions in Cuyahoga County were nothing more than a ‘prosecution for profit’ scheme,” said Tony Viola. “These cases were marred by serious prosecutorial misconduct, an affair between Prosecutor Dan Kasaris and government witness Kathryn Clover, the suppression of exculpatory evidence and the death of whistleblower Dawn Pasela, who was scheduled to testify about misconduct committed by Prosecutors Dan Kasaris and Mark Bennett. It turns out that the Prosecutor’s Office is actually running $15 million money laundering scheme, and using criminal prosecutions as a tool to expropriate properties from local owners to benefit their cronies at the Land Bank. Don’t take my word for it, all of the documents and Land Bank lawsuit referenced in this press release have been uploaded to the FreeTonyViola.com Evidence Locker for your review.”

“Our investigation into stolen restitution and improper dealings at the Land Bank is continuing,” Viola added. “We welcome the assistance of the public, especially anyone paying restitution to the Prosecutor’s Office. If you have any information to share, please contact me at MrTonyViola@ICloud.com. As part of our efforts, we are reaching out to elected officials and have retained Attorney Kimberly Kendall Corral to review our findings. After Ms. Corral concludes her review of this matter, she may take further action.”

ABOUT FREETONYVIOLA.COM: FreeTonyViola.com’s mission is to shine a bright spotlight on the ‘win at all costs’ tactics, prosecutorial overreach and misconduct the United States Department of Justice employs when prosecuting American citizens. Tony Viola was investigated by the Cuyahoga County Mortgage Fraud Task Force, a multi-jurisdictional task force comprised of state, local and federal agencies, and prosecuted in parallel federal and state cases. He lost the federal case but won the subsequent state trial. The website, originally created to solicit leads for Tony’s investigative team, has evolved into a tool to keep the public informed about critical developments in his case, and to share information that could potentially assist others who have been wrongfully ensnared by our criminal justice system. For additional information, visit http://www.FreeTonyViola.com; friend us on Facebook at https://www.facebook.com/tony.viola.9212; or follow us on Twitter @TonyViola.

ABOUT ATTORNEY KIMBERLY KENDALL CORRAL: Additional information about Attorney Kimberly Corral’s law practice and recent accomplishments can be found on her website, www.kimlawcrimlaw.com.

# # #

Former Federal Prosecutor Mark Bennett’s Two Decades of misconduct, sexual assault and lies Detailed in Inspector General Report

Wed, 26 Oct 2022 14:51:42 +0000

Former Federal Prosecutor Mark Bennett’s Two Decades of misconduct, sexual assault and lies Detailed in Inspector General Report

Demanded “a sexual relationship” with an intern
Forensic review of Bennett’s computer proved he lied to investigators
Decades of sexual assault, including at the Ohio Attorney General’s Office and the Weston Hurd law firm
Bennett sent topless photos from “his bathroom”
Full report and all documents available in the FreeTonyViola.com Evidence Locker

Mark Bennett “physically and verbally harassed” women for two decades, demanded nude photos from colleagues, committed “sexual imposition” and lied to investigators about using his government laptop to solicit sex from colleagues, according to Justice Department’s Inspector General Report 21-055. This same investigation also established that Bennett demanded “a sexual favor in exchange for a letter of recommendation” for an intern because he was excited about the “size” of her “buttocks.” Bennett was caught “deliberately running his arm across the breast,” of a colleague and purchased jewelry for married co-workers, while a forensic analysis of Bennett’s computer proved he lied to investigators and revealed additional instances of misconduct inside the Justice Department.

Federal prosecutors routinely prosecute American citizens for lying to federal investigators, but Bennett’s lies did not result in a prosecution by the Department of Justice. Quite the opposite -- the US Attorney’s Office in Cleveland (including former US Attorney Steven Dettelbach and current Assistant US Attorney Renee Bacchus) enabled Bennett’s lies for years by defending him in court against claims that he committed misconduct. According to AUSA Bacchus, such claims were not only false but constituted “harassment,” Viola v. Bennett, et. al., case numbers 1:17-cv-456 and 1:21-cv-1196, N.D. Ohio In addition, former US Attorney and now ATF head Steven Dettelbach gave Bennett an award for prosecutorial excellence for his "tenacious" work on mortgage-fraud prosecutions.

Bennett resigned during the Inspector General investigation, then registered a law office in 2020 in northern Ohio, but a review of his new BennettLegalFirm.com website confirms that Bennett continues to lie at his new law firm, as his website contains materially false information. For instance, Bennett claims he is an “adjunct professor at Cleveland-Marshall College of Law, teaching advanced brief writing and appellate advocacy skills,” when such is not the case, according to Carolyn Broering-Jacobs Associate Dean for Administration at Marshall.

Bennett also engaged in sexually predatory behavior and made materially false statements during the criminal prosecution of Tony Viola by covering up an affair between Prosecutor Daniel Kasaris and government witness Kathryn Clover, directing his Office Manager Dawn Pasela to illegally record Viola’s defense trial preparation, knowingly utilizing perjured testimony to obtain convictions, shifting exculpatory evidence before Viola's first trial from the US Attorney’s Office to a multi-jurisdictional task force location, and lying about the existence of a "conflict of interest" waiver. The Inspector General Report ties Mark Bennett’s misconduct to the Task Force, where an employee of the “task force” asked to be reassigned to a different job as a result of Bennett’s predatory behavior.

The Inspector General’s Report confirmed that Bennett utilized a myriad of social media platforms to troll women on line – Bennett used Snapchat, Facebook messenger, Twitter, Skype messages and other means to solicit sex, then lied to investigators about his actions, claiming he didn’t log onto social media sites from his government computer. Bennett told investigators he “completely avoided those sites” because he feared his computer could be infected with “viruses.” A forensic analysis of Bennett’s computer showed he logged into Facebook and Twitter “more than 25 times” and made a number of false statements to investigators. Despite denials, the IG confirmed the married Mark Bennett “purchased a pair of earrings and two necklaces for” a married associate and asked a different female employee “if she was married” and if her husband would give her a “pass” and “permit her to have an affair.” Bennett’s behavior even ruined a retirement party for a coworker because, while there, he solicited sex from “a waitress” then decided to “slap her buttocks” as she departed.

As a result of the Inspector General’s Report, the Ohio Disciplinary Counsel filed charges against Bennett, Board of Professional Conduct of the Supreme Court of Ohio, No. 2022-034. In his answer, Bennett admitted all of the allegations set forth in the complaint, which now goes before a three-member panel, tasked with weighing whether there was an attorney rule violation. A hearing has been set for February 3, 2023 and the panel’s decision will be reviewed by the full board, and ultimately, the Ohio Supreme Court.

“The actions of the US Attorney’s in Cleveland are a total disgrace,” said Tony Viola. “Mark Bennett was allowed to break the law and use illegal tactics to prosecute innocent American citizens. Law enforcement tells the public that when you see something, say something. Not here, though. FBI Agents and federal prosecutors stood idly by while Bennett imprisoned innocent people and received awards for prosecutorial excellence. Our efforts to have Mark Bennett prosecuted are continuing. We are asking for the public’s support, either by signing our petition on Change.org or by providing any information you have about Bennett’s criminal activities to our investigative team.”

To learn more about how Tony Viola proved his innocence at a second trial using evidence Mark Bennett suppressed before his first trial, or for additional details about misconduct committed by Mark Bennett in mortgage fraud prosecutions, please visit www.FreeTonyViola.com. That website has a link to the petition on Change.org with nearly 5,000 signatures as well as a “contact us” page to submit leads to the FreeTonyViola.com investigative team, led by former FBI Agent Robert Friedrick.

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Former Federal Prosecutor Mark Bennett faces Suspension of Law License after Admissions of Sexually Predatory Behavior and Making False Statements

Thu, 08 Sep 2022 16:50:24 +0000

Former Federal Prosecutor Mark Bennett faces Suspension of Law License after Admissions of Sexually Predatory Behavior and Making False Statements

Former federal prosecutor Mark Bennett admitted demanding “nude photos” from an intern, “physically and verbally harassed” multiple individuals, used social media accounts to solicit sex, then covered up his actions by making false statements to Department of Justice investigators. Bennett also engaged in sexually predatory behavior and made materially false statements during the criminal prosecution of Tony Viola, including covering up an affair between Prosecutor Daniel Kasaris and government witness Kathryn Clover, directing his Office Manager to illegally record Viola’s defense trial preparation, knowingly utilizing perjured testimony to “win” convictions and making false statements about his possession of exculpatory evidence and lying about the existence of a "conflict of interest" waiver. As a result of Bennett’s violations of the law, the Disciplinary Counsel of the Ohio Supreme Court filed charges against Bennett that could lead to his disbarment or his suspension from the practice of law. On September 6, 2022, Bennett admitted the allegations set forth in the Disciplinary Counsel's complaint, including that he deliberately ran “his arm across the intern’s breast without her consent,” and stalked the intern even after she blocked him on social media. Bennett also “inappropriately touched” and “sexually harassed” multiple individuals. In response to the charges, Bennett admitted all of the allegations and said he thought his actions were “acceptable.” Now, however, Bennett is “remorseful for his conduct,” Disciplinary Counsel case number 2022-034 and Inspector General Investigation 21-005.

Throughout his prosecutorial career, Bennett actively sought the limelight, frequently holding court with journalists, commenting on active prosecutions, speaking at press conferences, issuing press releases and even starring in a YouTube video touting his prosecution of Viola in the “Nation’s Largest Mortgage Fraud case.” Bennett received awards for prosecuting Viola and others, and even sought letters of recommendations from local attorneys during his failed campaign to convince former President Trump to appoint him as a federal judge.

Following Viola’s exoneration at a second trial and admissions by the FBI and Justice Department that each made false statements about evidence in his criminal case, and following the FBI’s statement that it was unaware of nearly 10,000 records in its own records system, Viola was released from jail after a decade of imprisonment. Viola then asked the Justice Department to update its press release touting Viola’s initial conviction. When that request was ignored, Viola filed suit alleging violations of the Privacy Act, and provided confirmation of Bennett’s misconduct throughout the criminal proceedings, Viola v. U.S. Department of Justice, et. al., Case No. 1:21-cv-1462-CKK, District of Columbia District Court. Additionally, in September, 2022, Viola formally asked the Disciplinary Counsel to amend the charges against Bennett to include misconduct established in his case.

“For many years, the United States Attorney’s Office in Cleveland has misled the federal judiciary and the public by defending Mark Bennett’s actions in criminal cases,” said Tony Viola. “Despite being fully aware of Bennett’s ‘lack of candor’ and sexually predatory behavior, the government has falsely portrayed Bennett as an honest prosecutor and failed to divulge key facts relevant to multiple criminal proceedings. It is long past time to re-open criminal cases where Bennett has been credibly charged with misconduct, particularly in cases where other government officials blame Bennett for withholding evidence, making false statements or where Bennett himself admitted utilizing perjured testimony to ‘win’ convictions.”

To learn more about how Tony proved his innocence at a second trial utilizing evidence Mark Bennett suppressed before his first trial, kindly visit FreeTonyViola.com. Please also note that all of the documents referenced in this blog are available in the FreeTonyViola.com Evidence Locker.

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Jury Trial Concerning Destruction of Evidence inside the Cuyahoga County Prosecutor’s Office Set October 12th, 2022 at 1 PM

Thu, 11 Aug 2022 19:38:13 +0000

Jury Trial Concerning Destruction of Evidence inside the Cuyahoga County Prosecutor’s Office Set October 12^th, 2022 at 1 PM

Government witness Kathryn Clover not only destroyed exculpatory evidence inside the Cuyahoga County Prosecutor’s Office, but she also committed perjury during her testimony during criminal trials, according to Federal Prosecutor Mark Bennett. Now, 600 pages of emails between Senior Assistant Ohio Attorney General Daniel Kasaris and Clover not only confirms that Kasaris had a sexual relationship with Clover and hired her as his paralegal, but that Kasaris himself allowed Clover full access to "tubs" of evidence in criminal cases.

Prior to the release of the Clover-Kasaris emails, which are available in the FreeTonyViola.com Evidence Locker, multiple individuals swore under oath that Clover bragged about destroying evidence in numerous criminal cases. Now, emails between Clover, Kasaris and federal prosecutor Mark Bennett prove she had access to key evidence inside the prosecutor’s office before it disappeared. Following the initiation of a civil suit over the destruction of evidence, Clover’s attorney, Jaye Schlachet, admitted that Clover destroyed evidence, saying that her “attempt to destroy evidence … was done for the purpose of defending against her own criminal prosecution and not to impede” Viola’s defense, Viola v. Clover, CV-20-936897, Cuyahoga County Common Pleas Court.

During criminal prosecutions, Kasaris presented Clover as a “fact witness,” never disclosing that he utilized taxpayer funds to provide Clover with undisclosed financial benefits, or that he was romantically involved with her. Kasaris made little effort to conceal the affair, taking Clover to baseball games, entertaining her at local bars in Downtown Cleveland, inviting her to restaurants in nearby Lakewood and to his apartment in North Royalton. Kasaris helped Clover obtain a scholarship to attend law school for free, and even hired Clover as an employee of the Prosecutor’s Office. At no time, however, did Kasaris – or any other prosecutor – disclose to jurors that Clover was not testifying based on personal knowledge but was, in fact, Kasaris’ romantic partner and a paid employee of the Prosecutor’ Office. And while the United States Attorney’s Office in Cleveland stated in writing that Clover committed perjury while testifying in criminal cases, no prosecutor has ever withdrawn her false testimony at criminal trials.

The jury trial in this lawsuit, scheduled for October 12, 2022 at 1 PM in the Justice Center in Downtown Cleveland, will highlight admissions by prosecutors that computers seized in televised raids were later lost, and admissions by prosecutors that they made false statements about evidence. Prosecutors Dan Kasaris and Nick Giegerich have been served subpoenas so they can explain to jurors why they would allow Kasaris’ sexual partner to access and destroy evidence that led to the imprisonment of innocent American citizens.

To view any of the court filings in this case, kindly log onto the Cuyahoga County Common Pleas Clerk of Court website, and search case number CV-20-936897. To learn more about how Tony Viola proved his innocence at a subsequent trial utilizing evidence suppressed by Prosecutors Kasaris, Giegerich and federal prosecutor Mark Bennett, kindly visit www.FreeTonyViola.com.

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