About The Case
Tony Viola was indicted three times and tried twice on identical charges by a joint federal-state mortgage fraud task force. Prosecutors alleged Tony duped banks like JP Morgan into making 'no money down' mortgage loans that the bank didn't permit. Tony was convicted in federal court and sentenced to 12 1/2 years in jail. But from jail, and without an attorney, he proved his innocence at a second trial on the same charges using evidence the Justice Department hid before the first trial. Prosecutors possessed evidence proving Tony's innocence all along but never provided it to the defense. The Prosecutor's Office Manager, Dawn Pasela, gave Tony that evidence before the second trial, where the government's own documents and evidence were used to destroy the government's case because it proved that banks knowingly approved 'no income no asset' loans without down payments.
Prior to the first trial, federal prosecutor Mark Bennett and state prosecutor Dan Kasaris informed the federal and state judges overseeing these cases that they were working together and prosecuting Tony though a joint federal-state task force. Before both trials, Mr. Bennett and Mr. Kasaris interviewed bank executives, who said that lender employees were authorized to approve 'no money down' loans and waive underwriting conditions, but both prosecutors lied under oath and in writing, falsely stating no such interviews existed. But Ms. Pasela provided Tony summaries of those interviews, called FBI 302 reports, and they were used at the second trial, where Tony confronted bank executives with their own statements that banks allowed and knowingly approved the loans Tony supposedly tricked them into making. Ms. Pasela also provided lender files and internal spreadsheets that confirmed banks knowingly waived lending conditions in writing and were fully aware borrowers were not making down payments. Since banks knew the loans in Tony's case were no money down and decided to make them anyway, the results of the second trial prove there is no "mortgage fraud," the government's theory is wrong and Tony is innocent.
Massive government misconduct came to light at the second trial, including secret payments to government informants, an illegal spying operation to record Tony after he was indicted, the intentional destruction of computers by the government, undisclosed payments by banks in Tony's case to investigator Arvin Clar, and the federal government's use of the joint task force to shift evidence around between locations and jurisdictions to hide it from the defense. Following the acquittal at the second trial, involving identical charges as the first, the Court of Appeals for the Sixth Circuit has repeatedly sidestepped either vacating or upholding Tony's conviction. First, the court said it couldn't review the second trial since the first notice of appeal was filed before those proceedings started, case 12-3112. Later the Court of Appeals refused to order a hearing so Tony could present proof of his innocence in federal court. Trial court Judge Donald Nugent was just removed from Tony's case because of a series of highly improper activities, including holding ex parte hearing without notice to Tony or his lawyer, sealing records in the case and refusing to allow transcripts from the state trial to be added onto the federal record, holding that "defendants are not allowed to obtain an acquittal" by presenting new evidence and "nothing that may or may not have occurred in the state court proceeding has any effect" on the federal case, Nov 24, 2014 ruling, USA v. Viola, case # 08-cr-506.
Recent public records litigation uncovered a romantic relationship between Prosecutor Kasaris and government witness Kathryn Clover. Dan Kasaris sent hundreds of e mails to Ms. Clover over a four year period professing his 'endless love' for her while also using government funds to provide her with undisclosed financial support. For details about secret tapes, missing computers and romantic e mails that are a part of a public records suit, please consult the PACER system, Viola v. Department of Justice, case no. 15-cv-242, Western District of Pa., Judge Susan Paradise Baxter presiding.
See the Facts For Yourself
Don't take our word for it, check out the evidence from Tony's second trial and see for yourself how prosecutors suppressed proof of Tony's innocence before his first trial. Our evidence locker tells the whole story, using the government's own documents and records to confirm that prosecutors broke the law to "win" the case.