July 19, 2016 — Federal Judge Susan Paradise Baxter granted a motion to include the Cuyahoga County Mortgage Fraud Task Force as a defendant in a public records lawsuit seeking e mails between Prosecutor Dan Kasaris and government witness Kathryn Clover, who had a four year long romantic relationship.  The public records lawsuit, (Anthony Viola v. Department of Justice, Case # 15-cv-242, W. D. Pa.) was filed after federal prisoner Tony Viola won a second trial on identical charges, prosecuted by a joint federal-state task force, using evidence prosecutors claimed did not exist to prove his innocence.  Federal and state prosecutors allege that Viola orchestrated a mortgage fraud scheme, duping banks like JP Morgan into making no money down mortgage loans.  Viola has maintained his innocence since the case began, saying “banks knowingly promoted and made ‘no money down’ mortgage loans, and the government is abusing its power by prosecuting innocent citizens while letting banks pay large fines to escape their own criminal liability.”

In June, 2016, Viola requested that the district court allow him to file an amended public records complaint, adding Kathryn Clover and the Cuyahoga County Prosecutor and the Cuyahoga County Mortgage Fraud Task Force as defendants.  The amended complaint included written statements from Kathryn Clover’s former boyfriend, Bryan Butler, confirming the existence of hundreds of e mails between Ms. Clover and Prosecutor Kasaris, in which the prosecutor professes his “endless love” for her and promises to “take care of” Ms. Clover’s former husband, Matt Fairfield, who Mr. Kasaris prosecuted in 2010 as a terrorist.  The amended complaint also sought to compel the production of secretly-recorded conversations made by Mortgage Fraud Task Force Office Manager Dawn Pasela with Viola after the first indictment.  Prior to the federal trial, Assistant US Attorney Mark Bennett told defense attorneys, “there are no tapes in this case” but a 2013 Ohio Supreme Court investigation confirmed that Ms. Pasela wore a wire and recorded conversations with Viola so prosecutors could gain insight into defense trial strategies and tactics.  Mr. Bennett also falsely claimed he did not possess key documents and interviews before the first trial, but those items were obtained and used to win the second trial on identical charges.

On May 16, 2016, the Ohio Attorney General’s Office issued a written communication through its Special Prosecutor Matthew J. Donahue that it would preserve “existing e mails between Senior Assistant Attorney General Kasaris and Ms. Clover that are in the AGO [Attorney General’s Office] e mail system.”  On July 7, 2016, Assistant US Attorney Michael Colville, who is representing the Justice Department in this matter, stated that he “did not have a specific objection to [the] request to amend the pending FOIA complaint” while also noting that neither Kathryn Clover nor the Cuyahoga County Mortgage Fraud Task Force has “requested representation from the United States.”

After the court’s ruling, Tony Viola said “the outrageous and illegal actions by the U.S. Attorney’s Office in this case are one step closer to being brought to the public’s attention.  This lawsuit is part of a four year fight with the government to compel production of secret recordings with my voice on them, along with undisclosed payments to government witnesses and inappropriate e mails between Dan Kasaris and Kathryn Clover.  The Justice Department is breaking the law and putting innocent people in jail. These illegal practices will only end if we place a bright spotlight on how the US Attorney’s Office in Cleveland operates.  We will immediately publish any e mails we obtain and post any voice recordings that are released to us on the www.FreeTonyViola.com website.”


Assistant US Attorney Michael Colville, (412) 894-7337

Attorney John Kennedy, counsel for Bryan Butler, (513) 946-3728

Kathryn Clover, (216) 776-8905

Assistant US Attorney Mark Bennett – (216) 622-3878 or [email protected]

Assistant Ohio Attorney General Dan Kasaris – [email protected]

Ohio Attorney General Special Prosecutor Matthew Donahue (614) 629-8340

Tony Viola, www.FreeTonyViola.com or via mail.  Tony Viola ID # 32238-160, McKean FCI, P.O. Box 8000, Bradford, Pa.  16701

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