Was FirstEnergy a victim? When will accused ex-directors stand trial?

A hearing Friday afternoon in Summit County Common Pleas Court will discuss FirstEnergy’s status as a victim in the House Bill 6 scandal.

Prosecutors had labeled FirstEnergy a victim in their case against ex-CEO Chuck Jones and former Senior Vice President of External Affairs Michael Dowling, in which the executives are accused of bribing a state-owned company regulator. But the defendants fight against that designation.

Through his attorneys, Dowling has also filed subpoenas seeking more information from three people the prosecution wants to call as expert witnesses. Judge Susan Baker Ross will hear requests from the prosecutor and attorneys representing one of the potential witnesses to quash — that is, annul — the subpoenas. Members of the prosecution and attorneys from the consumer advocacy group Ohio Consumers’ Counsel (OCC) wrote in court filings that Dowling’s subpoena amounted to a “fishing expedition.”

A hearing on how is also scheduled for Friday additional and amended charges against Jones and Dowling were obtained. Attorneys for the accused questioned during a trial whether the state “improperly influenced” a grand jury that handed down an additional indictment.

Spokespeople for the Ohio attorney general’s office did not immediately respond to the Beacon Journal’s request for comment on whether decisions could be made on these cases Friday. A spokesperson for the Summit County Prosecutor’s Office, which is also involved in the prosecution, declined to comment to the Beacon Journal, citing the office’s policy of not commenting on open cases. The Beacon Journal also contacted multiple attorneys in the case, who did not immediately respond.

Defense disputes the portrayal of FirstEnergy as a victim

Attorneys for Jones and Dowling wrote in a May court filing that FirstEnergy had already admitted guilt in paying $4.3 million in bribes to former Public Utilities Commission of Ohio Chairman Sam Randazzo.

Defense attorneys said in the filing that the state’s designation of FirstEnergy as a victim “is based on the flawed belief that the $4.3 million used to make the payment in question was stolen from FirstEnergy.”

Marsy’s Law, cited in court filings, gives crime victims several rights, including providing input on negotiated pleas and receiving restitution for economic losses. according to the Ohio Supreme Court website.

Prosecutors wrote in a May court filing that a theft charge accuses Jones and Dowling of stealing FirstEnergy and/or shareholders’ money without authorization and using them for illegal purposes.

Who are Chuck Jones and Michael Dowling?

Jones started at FirstEnergy in 1978 as a substation engineer. He worked his way up the ranks to CEO in 2015.

Dowling joined FirstEnergy in 1986 in the communications department and has since held several positions there, including as a lobbyist. As senior vice president of external affairs, he was FirstEnergy’s chief lobbyist.

Jones and Dowling are accused of bribing Randazzo with $4.3 million to work on behalf of FirstEnergy within Gov. Mike DeWine’s administration. Both men have pleaded not guilty. Randazzo, who was also charged, died in April.

A separate federal lawsuit A filing by the U.S. Securities and Exchange Commission in September accused Jones of participating in a corrupt scheme by FirstEnergy to pay approximately $60 million to former Ohio House Speaker Larry Householder and misleading a FirstEnergy auditor by failing to make the payments to make public.

In 2023, that was Housekeeper sentenced to a maximum of twenty years in prison for leading a $60 million bribery scandal to bail out two nuclear power plants in House Bill 6 and providing other favorable treatment to FirstEnergy. House Bill 6 was introduced and signed into law in 2019.

What will be discussed on Friday?

The three subpoenas that will be heard Friday were submitted by the defense to three of the prosecution’s potential expert witnesses. Those potential witnesses include Maureen Willis, OCC director; George Jonson, partner at Montgomery Jonson LLP, who asked the state to testify on legal ethics; and Courtney Beckett, a forensic accountant with the Bureau of Criminal Investigation.

The prosecutor moved to quash the subpoenas for Jonson and Beckett; OCC attorneys have moved to amend the subpoena for Willis, calling Dowling’s requests for several documents “unreasonable and burdensome.”

Baker Ross ruled in September that she will privately review documents for which Dowling had issued subpoenas to determine whether they will be released, according to a lawsuit.

Will there be a lawsuit, and if so, when?

Prosecutors expect a trial in the Summit County Common Pleas Court case in early 2025, according to a filing signed by Chief Deputy Attorney General Matthew Meyer.

In the case, Jones faces three counts of telecommunications fraud, two counts of engaging in a pattern of corrupt activity, two counts of aggravated theft of $1.5 million or more, one count of conspiracy, four counts of money laundering and two counts of bribery.

Dowling faces all of those same charges, in addition to two counts of data tampering. However, one of Dowling’s four money laundering charges is a fifth-degree felony, and his other three are third-degree felonies, while all four of Jones’ money laundering charges are third-degree felonies.

In June, the Cincinnati Enquirer reported that Dowling may plan to call DeWine and Lt. Gov. Jon Husted to the witness stand.

Patrick Williams covers growth and development for the Akron Beacon Journal. He can be reached via email at [email protected] or on X, formerly known as Twitter, @pwilliamsOH.