'Personal Piggybanks': Indictments Upheld Against Execs Accused of Misusing Funds
A federal judge Friday afternoon sided with the government in refusing to dismiss indictments of five individuals charged with misusing the funds of their employer to go on trips, including twice to the Kentucky Derby.
November 18, 2019 at 01:17 PM
4 minute read
A federal judge in Connecticut has denied a request to dismiss indictments of former officials, including the chief executive officer and chief financial officer, accused of misusing funds from a public corporation that provided low-cost electricity.
In a case that hinged on alleged government overreach, U.S. District Judge Jeffrey Meyer let the indictments stand against officers and directors of the Connecticut Municipal Electric Energy Cooperative.
The November 2018 indictments alleged the defendants misused funds for trips to the Kentucky Derby and a golf resort. Those indicted were Drew Rankin, the former chief executive officer; James Sullivan, a former chairman of the board of directors; John Bilda, a former board representative from Norwich; Edward DeMuzzio, the former board secretary and a board representative from Groton; and Edward Pryor, the former chief financial officer.
The five were fired in May. They were indicted in 2018 following a two-year investigation the FBI and IRS conducted. The cases are pending.
According to the indictment, the five men joined in a criminal conspiracy from 2014 to 2017 to "conduct the business and affairs of CMEEC for their personal, pecuniary and financial benefit, and for the personal, pecuniary and financial benefit of their family members, friends and associates."
The defendants sought to dismiss their indictments, primarily arguing the trips were lawful corporate retreats, and that the government had overreached in their indictments.
The allegations against them focused on four trips from 2015 to 2016: two to the Kentucky Derby and two to a golf resort. According to the government, the arrangements for the spring 2015 trip to the Kentucky Derby began in June 2014, when Rankin executed a purchase order of more than $200,000 to pay for the trip without identifying the trip expenses in any budget presented to the corporation's board of directors.
"Defendants argue that corporations and other organizations commonly hold retreats to build employee morale, and they could not have reasonably known it to be a federal crime for them to organize or take part in these retreats," Meyer wrote in his 37-page ruling. "The problem with this argument is that the indictment does not allege or subscribe to the defendants' view that there was a valid corporate purpose for the Kentucky Derby and West Virginia golfing trips."
Meyer continued: "As the government notes, the indictment tells a different story: that the defendants raided a public agency and public money, treating those funds as their own personal piggybanks to reward and enrich themselves, their families, and their friends."
Meyer let all of the indictments stand with the exception of one count against Sullivan. That count dealt with theft concerning a program receiving federal funds.
Representing Rankin are Christopher Barrett and Craig Raabe, both of West Hartford-based Izard, Kindall & Raabe; and William Paetzold of Glastonbury-based Moriarty, Paetzold & Sherwood.
Barrett and Raabe declined to comment, and Paetzold did not respond by press time.
Representing DeMuzzio are Willy Dow III of Jacobs & Dow, and New Haven solo practitioner Kenneth Rosenthal. Both attorneys declined to comment Monday.
Representing Pryor are Michael English and Tony Miodonka, both of Stamford-based Finn Dixon & Herling. Neither attorney responded to a request for comment.
Representing Bilda are James Healy and Thomas Murphy, both of Hartford-based Cowdery & Murphy. Healy declined to comment, and Murphy did not respond to a request for comment.
Representing Sullivan are Trent LaLima and Hubert Santos, both of Hartford-based Law Offices of Hubert J. Santos. Neither attorney responded to a request for comment.
Representing the government are Sarah Karwan and Douglas Morabito, both with the U.S. Attorney's Office in New Haven. Both declined to comment.
Representing the Connecticut Municipal Electric Energy Cooperative is Joseph Martini of Southport-based Spears Manning & Martini. Martini did not respond to a request for comment.
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