IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF 0HIO
EASTERN DIVISION (CLEVELAND)

CASE NUMBER 1 : 9 7 CV 2 0 2 4

U.S. JUDGE:NUGENT
U.S. MAGISTRATE JUDGE:STREEPY
CIVIL ACTION FOR FALSE CLAIMS,
DECLARATORY JUDGMENT, MONEY DAMAGES
AND INJUNCTIVE RELIEF
TITLE 31 U.S.C. 3729, 3730.


JURY ENDORSEMENT HEREON


QUI TAM ACTION
VERIFIED

UNITED STATES OF AMERICA,
EX REL., MANUEL ARIAS
2500 S. AVON BELDEN ROAD
GRAFTON, OHIO 44044

Plaintiff,


PAUL VOINOVICH
2450 PROSPECT AVENUE
CLEVELAND, OHIO 44103

PAUL MIFSUD
320 EAST MAPLE
MARYSVILLE, OHIO 43040

MARGARET GHEE
1050 FREEWAY DRIVE, N.
COLUMBUS, OHIO 43229

GEORGE VOINOVICH
VERN RIFFE CENTER
COLUMBUS, OHIO 43215

VICTOR VOINOVICH
1220 HURON ROAD
CLEVELAND, OHIO 44124

BETTY MONTGOMERY
140 EAST TOWN STREET
COLUMBUS, OHIO 43215

REGINALD WILKINSON
1050 FREEWAY DRIVE, N.
COLUMBUS, OHIO 43229

RAYMOND CAPOTS
1050 FREEWAY DRIVE, N.
COLUMBUS, OHIO 43229

JOHN/JANE DOE, X 10
[Identified upon discovery]

Defendant(s)

(Defendants are sued in their administrative and unofficial capacities; in the name of individual corporation(s), and affiliated subsidiarie(s) ).


97 CV 2024 CAUSES OF ACTION

PAGE 2

Under the penalty of perjury, under the laws of the United States of America, upon his personal knowledge and sincere beliefs; by way of attached Sworn Affidavit, Plaintiff Manuel Arias, (Plaintiff'), hereby avers the following material facts for his lawfully entitled relief, as a matter of law:

A. JURISDICTION

1). Plaintiff invokes the Jurisdiction of this Honorable Court pursuant to Article VI, of the United States Constitution, and 28 U.S.C. 1331, 1343, 1367, 2201, 2202, and Rule(s) 57 and 65 of the Federal Rules of Civil Procedure.

B. TITLE 31 U.S.C. 3729 ET SEQ AND 3730 (b) ET SEQ.

CERTIFIED MAIL SERVICE REQUIREMENT HAS BEEN SATISFIED HEREON

2). This Qui Tam action is brought strictly pursuant to Title 31 U.S.C. 3729 and 3730(b)., of the United States Code, and this Complaint has been served upon the United States Attorney General: the Honorable Janet Reno, Esquire, via U.S. Certified mail. See, attached Certificate of Service.

C. PERSONAL ACTIONS OF EACH DEFENDANT

3). Liability herein is sought upon each defendant for actions to which they personally participated in, contributed to, as part of an illegal plan, criminal and civil conspiracy and, organized illegal scheme, as detailed herein. Each defendant herein acted in concert to promote an ongoing illegal plan, illegal scheme, and criminally illegal scheme to defraud the federal government, and civil conspiracy, during a meeting of the minds, knowingly and deliberately, with a purposeful tacit approval, violated Federal Laws during all times material to this Complaint. Each defendant herein knowingly, with a deliberate disregard to Federal Laws; willingly participated in an ongoing and illegal organized fraudulent conveyance scheme to perpetuate fraud upon the United States of America, by:

D. DEFENDANTS ARE NOT IN THE U.S. MILITARY SERVICE

4). It is upon Plaintiff's personal knowledge and sincere beliefs that he avers that no individually named defendant herein, is a member of the United States Armed Forces during any times material to this Complaint.

E. NOTICE

5). Plaintiff is not claiming that he is entitled to a parole, nor is he seeking any type of relief that may be considered under the auspices of release from confinement hereby. This Complaint shall not be construed under Title 42 U.S.C. 1983 or any other statutes not mentioned in Sections A and B. supra. This Complaint has not been brought about for any improper purposes and, discovery as well as the use of public records will clearly demonstrate the validity of each and every averment within, which is true and consistent with direct and deliberate violations of Federal Laws. See, Plaintiff's Sworn Affidavit, and various, certifiable articles attached hereto, and incorporated herein by reference. As a matter of his right to amend this Complaint, Plaintiff will amend his complaint after he has discovered the names and identities of other participating John/Jane Doe defendants.

I. FIRST CAUSE OF ACTION

6). Each Defendant shall mean each defendant named within the caption of this Complaint, unless specified otherwise by individual name and title:

7). Each defendant herein, during all times material to this Complaint, acted under the color of state law, in violation of state and Federal Laws, and the rights and privileges guaranteed to the Plaintiff by way of the United States Constitution, by:

8). Each defendant herein is acting or has acted in the capacity of a public official, or has been given the protection of a defendant public official's office, position and trust, and has acted in ultra vires, with constructive malice, as a willing participant in an ongoing criminal and civil conspiracy during all times material to this Complaint, outside the scope of their respective official responsibilities, in the furtherance of an illegal organized scheme, by:

9). Each defendant herein has used his/her official office, trust and station to aid, abet, with a deliberate disregard, and cavalier attitude, knowingly and purposefully violated federally defined criminal statutes and offense(s) affixed thereto, while openly permitting and contributing thereto; each defendant gave their respective and mutual tacit approval, by way of assent and acquiescence, and official blindness; each defendant herein has a specific duty, by oath of official office, to uphold all the laws of the United States of America and the State of Ohio, and have failed to perform their respective duties, during all times material to this Complaint, by:

10). Each defendant herein has knowingly authorized, and employed the influence of his/her official office and status to secure authorization of public contracts in which s/he possesses a "personal and financial", 'career minded" interest, and Defendant George V. Voinovich, and his family members: (V-Group Construction Co.), and his business associates and campaign contributors possess substantial financial and politically related interests in.

11). Each defendant herein has a substantial financial interest in the profits and benefits of public Contracts and Federal monies, Federal grants and Federal benefits, and said contracts and Federal monies, grants and benefits have been given freely to the Ohio based construction company known as the "V Group" and subsidiaries thereof, in violation of Federal Laws, by:

II. SECOND CAUSE OF ACTION

12). Defendant Mifsud, a political appointee of defendant George Voinovich, and while being under the direct influence and control of Defendant George Voinovich, used his official office and influence to steer bids, contracts and Federal Grant monies to enhance his own personal financial and career minded gains, and that of each defendant named herein, by:

13). Defendant Mifsud, acted in a clandestine understanding and tacit agreement with each of the defendants herein; and conspired, concealed, falsified, mislead, purloined and manipulated the terms and official responsibilities of his respective office to steer bids, contracts and Federal Grant monies, as did the other defendants herein, to enhance their own personal and individual financial and career minded goals and that of each defendant named herein, by:

III. THIRD CAUSE OF ACTION

14). Defendant Ghee, also a political appointee of Defendant George Voinovich, while under Defendant George Voinovich's influence and control, has used her politically appointed position as the chairperson of the Ohio Adult Parole Authority, while giving her tacit approval and official blindness, during a meeting of the minds with each defendant herein, to systemically and covertly, as a party to a clandestine understanding, ceased, almost totally, the once common and widespread practice of issuing paroles to Ohio prisoners, in order to create an illusion of "prison overcrowding" in Ohio; in order to obtain further Federal funding, to feed her own respective financial worth, and that of each of the defendants named herein, absent any real sound penological justification or sincere interests to protect the safety and welfare of society, because:

15). Defendant Ghee heavily influenced parole board, as of 1993 (circa Ghee's appointment) to the present date of this writing, has cut the amount of paroles given out to half, or less than half of what the amount of paroles that were given out since the onset of 1993, absent any sound penological justification. And did so, only for the benefit of being a contributing member to an illegal organized scheme to defraud the United States Government, by:

16). The most current Federal Bureau of Criminal Statistics indicate clearly that the adult crime rate has went down significantly, however, Defendant Ghee and each defendant herein, (absent Mifsud, Paul and Victor Voinovich) claim that they need to build seven (7) more prisons, when in fact, the defendants herein are the only individuals directly responsible for deliberately recreating" a prison overcrowding situation, by cutting down the rate of paroles to less than half of what was given out from 1990 to present, absent any sound penological justification. Defendants herein are refusing to release even the elderly, and sickly prisoners, and are "Complaining" that maintaining these sickly and elderly prisoners, (who are physically incapable and unable to be of any genuine threat to anyone), are draining their monies, and that they all need more money to build more prison space!

17). The Ohio Legislators recently enacted a Truth in Sentencing Reform Act, which promotes soundness and absolute fairness for all concerned within the Ohio criminal justice sector, (including the Ohio's tax paying citizens). Defendant Ghee has personal knowledge of; under the standards set forth under the New Penal Laws, that a first time offender, that commits a first degree felony, will serve exactly ten years upon his/her sentence, only, and that Defendant Ghee has no power over the men/women who commit their criminal behavior "after" July, 1996.

18). Defendant Ghee has recently made it her "own" policy that the Ohio prisoners should be maxed out upon their sentences, which means, under the old law, a man/woman will serve twenty-five (25) years upon their sentence, (approximately one and one half times more the amount of actual prison time required by the new laws enacted July, 1996), while under the new law, Defendant Ghee lost her authority and power, and men/women under the new law punishment standards can serve ONLY ten years for a first degree felony offense.

l9). Defendant Ghee is clearly and openly "using" the power and influence of her official office to perpetuate a civil and criminally motivated conspiracy, and illegal scheme by knowingly and purposefully creating an unwarranted, unsafe, unhealthy and illegal prison overcrowding situation within the Ohio prison system, as the principal element of, and a "tool" of disguise, as part of an ongoing illegal plan to cause personal financial gain and career stability for her own ends, as well as the financial gains of each defendant named herein, while knowingly acting as a willful participant, in bad faith as a party in an illegal and highly corrupted organized prison scheme, by:

20). Defendant Ghee, by way of an illegal custom, illegal practice and illegal unwritten policy, causes Spanish and Caucasian prisoners to serve a substantially longer period of actual incarceration, (and more than often, maxes out Spanish and Caucasian prisoners), than she is requiring Black prisoners to serve, absent any sound penological justification, but for the purpose of simply maintaining the mere appearance of a racial equality within defendants convenient, organized prison system, because:

21). Defendants' prison system incarcerates 1,874 Blacks to 191 Spanish/Caucasian, which is a ratio of 9.81 to 1! (It must be noted, the Defendant Ghee calculates and considers Spanish and Caucasian as one race when compiling her statistics).

VI. FOURTH CAUSE OF ACTION

22). Defendant Montgomery knows and/or should have known, and utilized all her vastly available investigative powers and resources at her fingertips, to investigate and prosecute the actors named within this Complaint, being that Defendant brother(s) Voinovich have been building one prison after another in Ohio for several years, and Defendant Montgomery would have had to become suspicious, as any other reasonable investigative officer charged with upholding the laws of the state would have done under factually alike circumstances.

23) Defendant Montgomery, instead, gave her tacit approval, and turned an official blind eye to the highly obvious illegal activities and malfeasance that has been going on right in front of her own desk since 1993, and has failed to take any type of investigatory steps that would cause the illegal actors to be prosecuted for their illegal activities, while clearly violating federal and state laws; despite being put on Official Notice of such activities; while using her position "to protect" the other defendants herein for her own personal, political, financial and career minded gains directly related to the multi-defendant organized prison system scheme.

24). Plaintiff avers that not one of the defendants herein, has anything to do, whatsoever, with the severely decayed and crumbling statewide school system, and obviously wants nothing to do with the crumbling education system. However, each defendant herein has an enormous stake, financial and otherwise, in the Ohio prison system, and all desire deeply to build seven more prisons.

V. FIFTH CAUSE OF ACTION

25). Defendant Reginald Wilkinson has full and absolute control over the Ohio prison system, and has knowingly and deliberately, while acting in concert with each defendant named herein, while openly giving his illegal tacit approval, used his official influence and authority to permit and provide the other defendants herein with his official blind eye of the highly obvious illegal activities running rampant within the prison system he is personally charged with overseeing, while knowingly and deliberately violating Federal Laws.

VI. SIXTH CAUSE OF ACTION

26). Defendants Paul and Victor Voinovich knew or should have known that by being a willing participant within an ongoing organized illegal scheme, to aid and to abet in the steering of bids and contracts, while using the power and influences of their brothers (Defendant George Voinovich) office, would violate federal laws, and state laws, but, instead, participated and contributed to being a willing and wanting participant in an ongoing illegal plan and illegal scheme to cause fraud to be perpetrated upon the United States Government by knowingly accepting and participating in the acceptance of bids and contracts that each knew were steered illegally. Both Defendant Paul and Victor Voinovich financially prospered to the highest attainable degree, as the direct and proximate result of their defendant brother's political position, while acting in bad faith, with a knowing and cavalier disregard to the Federal Laws that prohibit such activities. Not one of the Voinovich family construction company related defendants, can now, in good faith, make a claim that their actions, whether done separately or taken collectively, were done absent any knowledge of any malfeasances or wrong doing, in that Defendant George Voinovich is an attorney at law.

VII. SEVENTH CAUSE OF ACTION

27). Plaintiff appeared before Defendant Raymond Capots, while in Defendant Capots' capacity as a parole board member on April 15, 1996, for a scheduled parole related hearing.

28). Defendant Capots was demoted as the chairman of the Ohio Parole Authority because of illegal activities, while in office, however, Capots was allowed to maintain his parole board status as a single member of the board?

29). During the course of the April 1996, hearing as mentioned above, Defendant Capots became obviously "racially" hostile, nearing to borderline rage, and glaring at the Plaintiff as if he wanted to cause serious physical harm to Plaintiff.

30). Defendant Capots called Plaintiff a "piece of trash, and made several remarks about white girls", while notably embellishing the term "white girl" with obvious disdain. Defendant Capots made his position very clear to Plaintiff, in that Defendant Capots was made aggravated and became visibly and notably hostile towards Plaintiff when Defendant Capots saw Plaintiff's records, and remarked that the Plaintiff was "married to a white girl,", and when Plaintiff asked what he meant by all this "white girl" mentioning, Defendant Capots stated, "you figure it out."

31). The Plaintiff began contacting Defendant Ghee, the chairperson of the Ohio Parole Authority in November of 1996, and sent Defendant Ghee two (2) letters, advising Defendant Ghee what exactly had transpired during the Plaintiff's parole hearing with Defendant Capots. His initial letter was responded to with a simple form letter; his second letter was not responded to, whatsoever.

32). The Plaintiff attempted to contact various lawyers, however, since the majority of lawyers the Plaintiff had contacted had fees that were too high, he was unable to hire counsel to represent him within any type of action against the Parole Board member.

33). The Plaintiff began writing the Ohio Public Defenders 13 Office on December 20, 1996, regarding exactly what transpired during the Plaintiffts parole hearing. Simple form letters were sent to Plaintiff by the Public Defenders office, and the forms that were provided were unrelated to the subjects for which the Plaintiff had contacted the public defenders office to begin with.

34). The Plaintiff finally received a personally written letter from Attorney Theresa G. Haire, who is employed at the Ohio Public Defenders office, on May 20, 1997. The letter instructed the Plaintiff that if the board members made a decision to not release the Plaintiff because of his "Spanish ancestry," and that if he could prove that is the reason he was denied parole, he would be entitled to a new hearing.

35). Defendant Capots made it abundantly clear to the Plaintiff, and that was Defendant Capots possesses substantial hatred for a Spanish man, especially, when the Spanish man is married to a Caucasian woman. Plaintiff avers upon personal knowledge and his sincere beliefs that Defendant Capots outrightly and purposefully discriminated against the Plaintiff because the Plaintiff is of the Spanish race, and that Defendant Capots possesses enormous disdain for the Spanish race of human beings, and that Defendant Capots used his power and authority maliciously against me, and is maintaining me in prison under his own hatred of the Spanish race, absent any sound penological justification, because:

36). The Plaintiff has sent Defendant Ghee two letters requesting her genuine help and assistance in her capacity as the Chairperson of the Ohio Parole Authority; both letters have went to Official Blindness, and Defendant Ghee has not lifted a finger, so to speak, to seek to remedy the racial based harms being complained of to the date of this writing.

VIII. EIGHTH CAUSE OF ACTION

37). The specific sections of the Ohio Revised Code that permit the Ohio Parole Authority their illegal and unconstitutional unbridled discretion are found in statutes known as Ohio Revised Code(s) 2967.03, et seq., and 5149.02, et seq.

38). These two statutes as mentioned above violate the United States Supreme Court's Non Delegation and Unbridled Discretion Doctrines and Federal Laws, upon their face, and in their respective operation as being applied to Plaintiff.

39), The above mentioned statutes ("statutes") allow the defendants herein absolute and uncheckable discretion, totally absent any type of appeal from a negative decision made thereunder, which violates Plaintiff's First, Fifth, Eighth and Fourteenth amendments as found within the United States Constitution.

40). Plaintiff avers that even the Honorable President of the United States of America is not afforded the type of absolute discretion given to the defendants herein, whom are politically appointed and politically influenced, financially and career minded individuals. Said statutes assist highly in creating and feeding evils, and are promoting organized illegal and unconstitutional conduct, absent any penological justification.

41). The above mentioned statutes clearly violate Article I Section I, of the United States Constitution's guarantee of governmental "checks and balance", upon their face, and as being applied to the Plaintiff, absent any genuinely sound penological justification, in violation of Federal Laws.

42). Plaintiff avers that no governmental body within the United States of America is permitted the absolute and unbridled discretion given to the defendants herein, by way of a statutory device or otherwise; these two "statutes represent but one of the contributing factors allowing the governmental corruption being complained of herein, to openly prosper (behind the convenient security of prison gates) into a multi-million dollar organization of select individuals, behind the mere guise of the safety and welfare of society; devoid of good faith.

43). If, and only if it were true that Ohio's prison inmates were so "dangerous", and needed to be kept from their families and society for such long periods of time, then why would there be so many, so very many small and petite women being employed as prison guards? Why then, would defendants desire so deeply, to keep and maintain so many, absolutely harmless, sickly and physically weak, elderly men...until they take their final breath of life....?

44). Prison Bed Space is "raw money", and a breathing body provides fodder for statistics, which equals more construction funding from the Federal Government, that will go right to the V-Group Construction company, and defendant(s), via the ongoing and continuous organized illegal bid rigging, illegal bid steering, and falsifying information to the Federal Government.

45). Such illegal and Organized conduct, as averred herein, is and will continue to perpetuate in Ohio; literally bilking the United States out of millions upon millions of dollars: absent the United States Governments solemn and immediate intervention hereon.

46). What the defendants herein are doing goes well beyond a rage to punish. One should be ever mindful of "what" Nietzsche really meant by, "Distrust all in whom the urge to punish is powerful."

47). Plaintiff incorporates paragraphs One through Forty-Six into all of the following paragraphs by reference as if fully rewritten.