Former Ohio Municipal Prosecutor and Former Criminal Defendant Charged with Bribery Conspiracy

CLEVELAND - An indictment was unsealed charging two Ohio men with a bribery scheme in which a municipal prosecutor agreed to help a criminal defendant with his pending cases in exchange for auto repair work.

According to the indictment, Nicholas Graham, 52, of Warren, was a prosecutor who represented the City of Warren in Warren Municipal Court. Brian Votino, 52, of Niles, had two criminal cases pending in the same court. The indictment alleges that in October 2019, Graham and Votino agreed that Graham would take action to benefit Votino with respect to Votino's criminal cases in return for Votino performing repairs to Graham's truck. To cover up the bribery arrangement, Graham instructed Votino through an intermediary to falsify a bill for the repair services and not to tell Votino's criminal defense lawyer. According to the indictment, Graham and Votino ultimately carried out their agreement. In exchange for the repair work by Votino, Graham took official action to reduce the charges against Votino and advocated for a lenient sentence.

Graham and Votino are charged with one count of conspiracy, one count of honest services wire fraud, and one count of Hobbs Act extortion. If convicted, they each face a maximum penalty of 45 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department's Criminal Division; U.S. Attorney Rebecca C. Lutzko for the Northern District of Ohio; and Special Agent in Charge Gregory D. Nelsen of the FBI Cleveland Division made the announcement.

The FBI Cleveland Division is investigating the case.

Trial Attorney Blake J. Ellison of the Criminal Division's Public Integrity Section and Assistant U.S. Attorney Elliot Morrison for the Northern District of Ohio are prosecuting the case.

An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.