On Wednesday, November 27, 2024, the Business Journal reported that Ohio Judge Anthony D’Apolito has stepped down from a lawsuit involving businessman Dominic Marchionda, his companies, and former city Finance Director David Bozanich due to a possible conflict of interest. The judge’s recusal was officially noted in an order signed on November 25 and filed the following day in the Mahoning County Court of Common Pleas.
The lawsuit, filed by the City of Youngstown on November 21, seeks to recover $834,608 linked to a public corruption case that concluded with plea agreements over four years ago. Named in the lawsuit alongside Marchionda and Bozanich are US Campus Suites LLC and Erie Terminal Place LLC. The case was initially assigned to Judge D’Apolito’s court, but the Mahoning County court has requested that a different judge be assigned randomly to take over the case.
While the specific reasons for the conflict of interest were not disclosed in the recusal order, it is noted that Judge D’Apolito’s father, Lou D’Apolito, serves as a deputy law director for the city of Youngstown. This familial connection raises concerns about impartiality in the ongoing legal proceedings.
The underlying corruption case has its origins in 2018 and revolves around the misappropriation of funds meant for water and wastewater projects. These funds were intended for several developments, including the Flats at Wick and the Erie Terminal’s redevelopment in downtown Youngstown. The city contends that the defendants are accountable for the misused public funds.
In August 2020, Bozanich, who held the position of city finance director from 1993 until 2017, pleaded guilty to tampering with records and bribery, both of which are felonies, as well as two misdemeanor charges related to unlawful compensation of a public official. He served nearly a year in prison following his guilty plea. On the same day, Marchionda pleaded guilty to four counts of tampering with records, admitting to creating false invoices to obtain city grant money that was instead diverted to other projects. He received five years of probation as part of his sentence.
Additionally, Marchionda’s company, US Campus Suites, pleaded guilty to receiving stolen property, while criminal charges against Erie Terminal Place were dismissed.
Source: Business Journal
