Trial of Sebring judge to begin earlier

AKRON, Ohio - At the requests of a former judge in Mahoning County's Sebring court and her husband, a federal judge has moved up the date of their trials on federal crimes.

Fifty-year-old Vettori-Caraballo and Ismael Caraballo have been granted a motion filed in U.S. District Court asking their trials, which had been set to begin on Monday, March 4, to start Friday, March 1 instead.

According to their motion, their defense attorney Gerald Ingram has a prior commitment beginning March 9, and they question whether a trial can be completed by then.

Vettori-Caraballo was indicted late last year by a federal grand jury alleging that she stole at least $100,000 from a former client. She and her husband are also charged with one count of filing a false tax return and have rejected offers for plea agreements.

In October, Vettori-Caraballo was suspended from the bench while she was being investigated for allegations that in early 2016 she took between $100,000 and $328,000 in cash that was in the home of her deceased client.

Vettori-Caraballo also drafted Robert Sampson's will, on November 20, 2015, Vettori-Caraballo filled an application in Mahoning County Probate Court to administer Sampson's estate. The application stated that Sampson died without a will.

Robert Sampson died in 2015, and his closest living relative was his sister, Dolores Falgiani. Vettori-Caraballo helped Falgiani prepare Sampson's will.

According to the U.S. Attorneys Office, sometime in October or November 2015, Falgiani stated that she had several shoeboxes fo cash stored at her residence. Falgiani was found dead in her apartment on March 10, 2016.

Authorities say that Vettori-Caraballo reported having found cash in Falgiani's residence and depositing the $20,000 into the estate. According to the indictment, Vettori-Caraballo filed a notice fo newly discovered assets with the court and each time failed to disclose the cash she allegedly had stolen.

Vettori-Caraballo allegedly made 22 deposits of cash into five different banks within four weeks to avoid regulations that require banks to report cash transactions over $10,000 to the IRS, according to the indictment.

Vettori-Caraballo is also named in a civil action case in probate court on behalf of the victim's family.
A proposed settlement has been offered up in that case, in regards to two other defendants.

Vettori-Caraballo was elected to become the Sebring Court Judge in Mahoning County Court #3 in 2002, and she was reelected in 2006 and 2012.

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Trial of Sebring judge to begin earlier

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UPDATE | Mahoning County judge charged with stealing

Mahoning County judge charged with stealing over $96K from client

Mahoning Co. judge indicted on charges, accused of stealing from dead client

(WKBN) - Mahoning County Judge Diane Vettori-Caraballo has been indicted in federal court, accused of stealing at least $100,000 from a former client.

The 50-year-old faces one count of mail fraud, one count of structuring cash deposits, one count of making false statements to law enforcement and one count of filing a false tax return.

Her husband, 60-year-old Ismael Caraballo, is also charged with one count of filing a false tax return.

Investigators said Vettori-Caraballo stole between $100,200 and $328,000 in cash from the home of a client after that client died in March of 2016.

The indictment says she provided estate planning services for Robert Sampson, including drafting his will. The man died without a will, according to the indictment.

Sampson's closest living relative was his sister, Dolores Falgiani. Vettori-Caraballo also helped her with her will, which made requests to give the money to friends, relatives, Animal Charity and Angels for Animals, the indictment says.

Falgiani mentioned she had shoeboxes of cash stored at home and then a few months later in March of 2016, she was found dead in her home.

Vettori-Caraballo found the shoeboxes, which contained $20,000, in May, the indictment says.

According to the indictment, Vettori-Caraballo found new money on two other occasions in 2016 and 2017.

Investigators said she made 22 deposits into five different banks within four weeks and lied to the FBI when confronted about it.

Vettori-Caraballo was elected the judge of Mahoning County Court #3 -- Sebring Court in 2002. She had jurisdiction over criminal and traffic charges in Sebring, Beloit, Berlin Township, Green Township, Goshen Township, Ellsworth Township, Smith Township and Washington Township. She was re-elected in 2006 and 2012.



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Mahoning Co. judge indicted on charges, accused of stealing from dead client

More charges expected after surprise not guilty plea by Mahoning County judge

WFMJ.com News weather sports for Youngstown-Warren OhioCLEVELAND, Ohio - A Mahoning County Area Court Judge who was expected to plead guilty to federal charges for allegedly stealing from a dead client scraps the deal at the last minute.

Judge Diane Vettori-Caraballo walked into a federal courtroom and said hello and then told 21 News "I did not do this."

Vettori-Caraballo is charged in a federal criminal information and accused of stealing cash from two shoeboxes from a dead client's home.

The FBI says the crime happened in early 2016 and Vettori-Caraballo allegedly stole between $96,200 and $328,000.

It's money the deceased woman intended for the charities Angels for Animals and Animal Charity.

Vettori-Caraballo who has reigned over the Sebring Court since 2002 was arraigned on the criminal charges today in Cleveland, and when Federal Judge Dan Aaron Polster asked her, "How does she plead?" There was a long pause.  Then after consulting with her attorneys in a surprise move Vettori-Caraballo said not guilty.

But Assistant U.S. Attorney Dan McDonough told the judge, "The government had anticipated a guilty plea today.  So they'll be filing a superceding indictment with additional charges."

More charges Vettori-Caraballo will have to defend herself against at trial, now scheduled for March 26th.

The judge has told Vettori-Caraballo she has until March 5th if she decides she wants to change he plea.

She will be held on a $20,000 unsecured bond.

The Ohio Supreme Court has suspended her from hearing cases on the bench.

But the Judge has not resigned.

Vettori-Caraballo's attorneys J. Gerald Ingram and John Juhasz did not wish to comment on a pending case.

Full Article & Source:
More charges expected after surprise not guilty plea by Mahoning County judge

See Also:
UPDATE | Mahoning County judge charged with stealing

Mahoning County judge charged with stealing over $96K from client

UPDATE | Mahoning County judge charged with stealing

Diane Vettori-Caraballo

Judge Diane Vettori will not be able to hear cases at the Mahoning County Area Court in Sebring while criminal charges against her are pending.

A spokeswoman for the Ohio Supreme Court cited a rule which states that judges are disqualified from acting as a judge while there is an indictment or information charging them with a crime punishable as a felony.

An information filed Tuesday in U.S. District Court charges Vettori, 49, of Canfield with stealing at least $92,000 from a former client’s home after the client died. 

Vettori-Caraballo, 49, of Youngstown, was charged via criminal information with one count of fraud, one count of structuring cash deposits and one count of making false statements to law enforcement.

She was charged in federal court with stealing at least $96,200 from a former client, said U.S. Attorney Justin E. Herdman and FBI Special Agent in Charge Stephen D. Anthony.

Vettori-Caraballo stole between $96,200 and $328,000 in cash that was in the home of a client when that client died in March 2016, according to the information.

Vettori-Caraballo was elected to position of judge in Mahoning County Court #3 – Sebring Court in 2002, with jurisdiction over misdemeanor criminal and traffic charges and other matters in Sebring and Beloit Villages and Berlin, Green, Goshen,, Ellsworth, Smith and Washingtonville Townships. She was reelected in 2006 and 2012, according to the information.

She also provided estate planning services to Robert Sampson, including drafting his will. On Nov. 20, 2015, Vettori-Caraballo filed an application in Mahoning County Probate Court to administer Sampson’s estate. The application stated Sampson died without a will. The probate court, unaware of Sampson’s will, appointed his closest living relative his sister, Dolores Falgiani ,as the administrator three days later, according to the information. 

Sampson died in 2015.

Vettori-Caraballo prepared Falgiani’s will on Nov. 3, 2015. The will made 16 specific bequests to relatives and friends and bequeathed the rest of the estate to Animal Charity Human Society of Boardman and the Angels for Animal Charity in Canfield, according to the information.

Sometime in October or November 2015, Falgiani stated she was in possession of several shoeboxes of cash stored at her residence. Falgiani was found dead in her home on March 10, 2016, according to the information.

Vettori-Caraballo filed an application in Mahoning County Probate Court to probate Falgiani’s estate on March 24, 2016. On May 2, she reported having found cash in the residence and depositing the $20,000 into the estate, according to the information.

On several subsequent occasions in 2016 and this year, Vettori-Caraballo filed a notice of newly discovered assets with the court. Each time, she failed to disclose the cash she had stolen, according to the information.

The information also charged Vettori-Caraballo with structuring 22 deposits of the cash she stole into five different banks within four weeks to avoid regulations that require banks to report cash transactions over $10,000 to the IRS. In addition, the information charges that Vettori-Caraballo lied to the FBI when she was confronted about the theft and the structuring of cash deposits.

This case was investigated by the FBI and is being prosecuted by Assistant U.S. Attorneys Brian McDonough and Ann C. Rowland. 

If convicted, the sentence in this case will be determined by the Court after consideration of the Federal Sentencing Guidelines, which depend upon a number of factors unique to each case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the unique characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

An information is a charge and not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

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UPDATE | Mahoning County judge charged with stealing

Mahoning County judge charged with stealing over $96K from client

YOUNGSTOWN, Ohio (WYTV) – A Mahoning County judge is facing federal charges, accused of stealing at least $96,200 from a former client. The accusation is a violation of public trust but the money was also left in someone else’s will — to benefit two animal advocate groups.

Tuesday, the Supreme Court of Ohio disqualified 49-year-old Diane Vettori-Caraballo, of Youngstown, as a judge while her case is pending.

She was charged with one count of fraud, one count of structuring cash deposits and one count of making false statements to law enforcement.

Vettori-Caraballo stole between $96,200 and $328,000 in cash that was in the home of client Dolores Falgiani after Falgiani died in March of 2016, according to investigators.

“Anytime an attorney steals client funds, that’s unacceptable. Attornies have a fiduciary responsibility to their clients and in a case where you have an elected official do this, it certainly violates the public’s trust,” said U.S. Attorney Brian McDonough.

Investigators said Vettori-Caraballo drafted the will for Dolores Falgiani’s brother in 2015 but reported that he didn’t have a will. Falgiani was appointed an administrator of her brother’s estate and Vettori-Caraballo helped her to close the man’s safe deposit boxes.

The will made 16 bequests to relatives and friends, including Animal Charity in Boardman and Angels for Animals in Canfield.

At some point, investigators allege that Falgiani told Vettori-Caraballo about shoe boxes of cash she had stored in her home.

Vettori-Caraballo reported finding $20,000 cash in Falgiani’s home and depositing it into the estate. The government says she structured 22 deposits of cash she stole into five banks to avoid it being reported to the IRS. She told investigators that the money came from her father’s estate, according to court records.

“She’s being charged and they’re serious charges involved in taking money from clients, and then depositing those stolen monies and then lying about the deposits to law enforcement themselves,” McDonough said.

The bill of information outlines 33 allegations against what Vettori-Caraballo was doing, saying she devised and intended to defraud the Mahoning County Probate Court but then denied having “received a nickel” from the woman’s estate to investigators.

“A public official owes the community the highest level of integrity and honesty in all things,” McDonough said.

Vettori-Caraballo was elected to the position of judge in Mahoning County Court #3 – Sebring Court — in 2002. She serves over misdemeanor criminal and traffic charges for Sebring and Beloit villages and Berlin, Green, Goshen, Ellsworth, Smith and Washingtonville townships.

She was reelected in 2006 and 2012.

Vettori-Caraballo is due in a Cleveland courtroom at 2 p.m. on January 17.

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Mahoning County judge charged with stealing over $96K from client