Posted on: 12:30 pm, July 31, 2012, by Lindsay Buckingham, updated on: 08:52am, August 1, 2012
AKRON, Ohio — Federal Judge Sara Lioi sentenced former Cuyahoga County Commissioner Jimmy Dimora to 28 years in prison for running a criminal enterprise while in office.
Prior to issuing her sentence Lioi called Dimora’s reach of corruption, “far and wide.”
“He willingly took gifts from those who sought his power and influence,” said Lioi.
Lioi also imposed three years of probation following Dimora’s prison term.
Fox 8′s Joe Wood was the only television artist present in court as Jimmy Dimora spoke prior to receiving a 28 year sentence for running a criminal enterprise in office.
Dimora sat silent for the duration of his trial, on Tuesday he broke that silence prior to hearing his sentence.
“I have no regrets,” said Dimora in statement that lasted just over nine minutes.
“As County Commissioner I felt it was my job to help all constituents, regardless of who they were,” said Dimora.
Dimora spoke about his efforts to help residents of Cuyahoga County and recognition that he received from numerous organizations while he was in office.
Dimora then shifted his comments and declared his innocence of the crimes that he was convicted of committing.
“I want to emphatically deny that I had any involvement in that activity,” said Dimora.
He claimed that others around him involved in county government during his time in office, including Frank Russo, where responsible for the criminal activity uncovered by the FBI from 2004 to 2007.
Dimora later stated, “I was not the only public official to not realize that this criminal activity was going on.”
In talking about the FBI investigation, Dimora said, “I think they made a mountain out of a mole hill.”
Dimora spoke at length about his filings with the Ohio Ethics Commission for gifts and services he received.
“There was no cloak of secrecy,” said Dimora in speaking about who he was acquainted and did business.
He broke down in tears when speaking of his wife Lori.
“I love her so very much,” said Dimora through tears.
Dimora’s comments were made following final statements issued by attorney Andrea Whitaker. She attempted one last time to paint a different picture of the former county commissioner.
As Whitaker delivered her remarks, Dimora cried.
She spoke of Dimora’s charity, his love of family and how he gave his life and time to public service.
Whitaker read letters from Dimora’s sons, as well as letters from workers and residents in the city of Bedford Heights.
Whitaker cited numerous cases of public officials who were sentenced to under 10 years in prison for crimes the defense deemed comparable. Crimes involving kickbacks, embezzlement and bribery.
Assistant U.S. Attorney Antoinette Bacon delivered the final statements for the government on Tuesday afternoon.
Aside from Dimora’s criminal activities, for which he was convicted, Bacon called into question Dimora’s actions towards women, his family and charities during the time Federal Authorities were monitoring his activities.
Fox 8 News’ Joe Wood created this depiction of Jimmy Dimora crying in court as attorney Andrea Whitaker spoke on his behalf.
Bacon cited several quotes from Dimora recorded by FBI wiretaps while making her statements. When talking about a charitable fundraiser, Bacon quoted Dimora as saying, “[Expletive] them”.
“A significant sentence is required in this case to deter others,” said Bacon.
She later added, “This is a landmark case and the government would ask for a landmark sentence.”
Dimora was found guilty on 37 of 38 corruption related charges earlier this year.
He was found guilty of charges related to conspiracy, conspiracy to commit mail fraud, extortion, bribery, falsification of records and tax returns while in public office.
Prior to leaving the courtroom Dimora turned to his family and said, “See you guys… Don’t know when,” as he shrugged his shoulders.
Dimora had one last comment before being escorted out of the courtroom. It was to federal prosecutors.
“I hope you’re happy,” said Dimora.
11:26 a.m. — Now that Judge Lioi has ruled on all downward departures, we believe that Jimmy Dimora’s offense level, according to Federal sentencing guidelines, has been categorized as 40.
Dimora’s criminal history category, according to the guidelines, is the lowest possible, a 1.
If Judge Lioi were to abide by Federal sentencing guidelines, Dimora would be facing between 292 months and 365 month in prison.
11:14 .m. — Judge Lioi has ordered a 30 minute break.
11:09 a.m. — Judge Lioi has now ruled on all downward departures at sentencing brought to her by Dimora’s legal team. She ruled in favor of the prosecution on all departures. Dimora will be sentenced according to Federal guidelines for the crimes in which he was found guilty.
10:49 a.m. — Prosecutor Bacon delivered one of the most memorable moments thus far in the two days of court proceedings during a rebuttal to comments made by Andrea Whitaker on a decreased significance level sought in the sentencing guidelines.
Prosecutor Bacon began taking about the bribe amounts received by Dimora related to several county projects and then described how the true level of the bribes is understated.
“There are the intangibles as well,” said Bacon. “We have an entire new form of government in Cuyahoga County because of these crimes.”
She later added, “To our knowledge we have never seen this anywhere else in the country.”
10:36 a.m. — Judge Lioi has ruled that Dimora will not have his sentence reduced due to his failing health.
“There will be no downward departure on [Dimora's] sentence based on age and health,” said Lioi.
Lioi said that Dimora is receiving treatment for his physical conditions and that no one would recognize his age, 57, as elderly.
10:30 a.m. — The objection to a four-level enhancement and all other objections have been ruled on by Judge Lioi, so court proceedings have moved on to the sentencing guidelines.
Dimora’s attorneys are arguing that his age and health be considered in his sentence.
According to Andrea Whitaker, Federal Sentencing guidelines amended in 2010 allow those stipulations to be considered. Whitaker said Dimora is facing, “multiple confounding health issues.”
Prosecutor Bacon provided information on rulings regarding several previous Federal cases where the individuals age and health were not considered. Those ruling came despite the individual being near the time of his passing.
“Mr. Dimora’s health wasn’t a concern when he committed any of these crimes,” said Bacon. “Mr. Dimora is only 57.”
10:09 a.m. — Judge Lioi has ruled that Dimora will face a four-level enhancement with his sentence, a point to which Dimora’s attorneys objected.
The four-level enhancement deals with sentencing guidelines of high-level decision-making public officials.
Judge Lioi ruled for the prosecution claiming Dimora was a leader in the corrupt activity.
“It was the way business was done with those that were brought in to the circle of trust,” said Lioi. “[Frank] Russo primarily wanted cash, Dimora primarily wanted meals and gifts and sex.”
Lioi cited in her ruling that the type of bribe does not diminish Dimora’s role in the crimes.
9:53 a.m. — Assistant U.S. Attorney, Antoinette Bacon, rebutted Whitaker’s plea saying that Dimora directed the contracts and directly influenced who Cuyahoga County did business with as the evidence prosecutors produced at trial proved. Federal prosecutors say Dimora was a leader in the criminal activity that went on in Cuyahoga County.
9:45 a.m. — Witness testimony did not lead the day in court, instead Dimora’s attorney Bill Whitaker gave a impassioned speech downplaying Dimora’s role in kickbacks paid for county contracts.
Whitaker, as he did at closing arguments, pointed the finger at former Cuyahoga County Auditor Frank Russo as the mastermind of the kickback payments.
Dimora was convicted on 37 of 38 charges related to conspiracy, conspiracy to commit mail fraud, extortion, bribery, falsification of records and tax returns.
9:22 a.m. – Judge Lioi began Tuesday’s court session by breaking down the exact totals that Dimora gained and Cuyahoga County lost on 12 of the 15 schemes in which he was involved. The total value of bribes Dimora received was deemed to be $451,801.52.
8:50 a.m. — Jimmy Dimora entered the courtroom today with the aid of a walker. He moved slowly and deliberately as he did on Monday.
8:34 a.m. — The latest drawing from Fox 8′s Joe Wood …
8:30 a.m. — Fox 8′s Dave Nethers reports that Dimora arrived at Federal Court around 8:00 a.m.
Dimora was once again wheeled into the Federal Courthouse in Akron by a deputy with the Summit County Sheriff’s Department.
