Gerald McFaul pleads guilty; agrees to pay back $130,000

MCFAULa.jpgView full sizeFormer Cuyahoga County Sheriff Gerald McFaul listens to his attorney John Climaco after McFaul pleaded guilty to theft in office and ethics violation charges.

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  • May 14, 2009:
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  • Read all of The Plain Dealer's coverage of the McFaul case

Updated: 5:30 p.m.

CLEVELAND, Ohio -- Former Cuyahoga County Sheriff Gerald McFaul pleaded guilty Monday to stealing cash from his campaign fund, forcing his employees to sell tickets to his political fundraiser and breaking ethics laws by appointing his son as special deputy.

The 76-year-old Democrat from Strongsville also agreed to pay $130,000 in restitution as part of a plea deal. The two theft in office charges and the ethics violation carry up to 10 years in prison, but he could be placed on probation instead.

The longest serving sheriff in county history will be sentenced at 2 p.m. on July 26.

A Plain Dealer investigation last year sparked a criminal probe of McFaul's three decades as sheriff. He was charged on May 28 by criminal information, which means McFaul has cooperated with prosecutors.

Jeff Lingo, the assistant Lucas County prosecutor handling the case, said several of McFaul's former employees will be charged. He declined to elaborate.

Retired Geauga County Common Pleas Judge Fred Inderlied is presiding over the case because Cuyahoga County's Common Pleas judges have relationships with the Sheriff's Office.

McFaul offered no statement in court other than replies of "Yes sir" and "No sir" to the judge's questions. McFaul's son and attorney helped him reach a podium to face the judge. He needed a cane to balance himself as he walked.

John Climaco, McFaul's lawyer, entered the guilty pleas for his client.

"Mr. McFaul, your honor, the former sheriff of Cuyahoga County enters a plea of guilty to each charge," Climaco said.

Inderlied questioned McFaul about his education and age. He warned McFaul that he could be sent to prison. He then asked McFaul if he understood the charges.

"You admit each element in each offense," Inderlied asked.

"Yes sir," McFaul replied, softly.

Inderlied then accepted the guilty pleas. He will decide McFaul's fate -- there was no agreement on the sentence as part of the plea deal.

McFaul is accused of two counts of theft in office: cheating the county of more than $5,000 by forcing workers to sell tickets to his clambakes while on duty, and stealing more than $5,000 from his campaign fund, according to the charges.

The pipefitter-turned-politician has admitted to allowing employees to sell the tickets in the Justice Center.

The ethics violation stems from McFaul appointing his son as a special deputy in 1998 so the younger McFaul could perform part-time security work as a deputy. The Plain Dealer reported the appointment last January. Days later, McFaul rescinded the special-deputy status for his son, who is also a sergeant with the Cleveland Metroparks rangers.

After the hearing, Lingo, said $80,000 of the restitution will go to the Sheriff's Office for the time employees spent selling clambake tickets while on-duty. He estimates workers spent about 500 hours a year selling tickets.

The other $50,000 will go back to McFaul's campaign fund. McFaul sold items--coffee cups, shirts, hats and instant bingo tickets--at his annual clambake but never listed the cash in his campaign filings, Lingo said.

Although McFaul held the clambake for more than three decades, the theft charges stem from 2000 to 2009 because investigators could only prove the thefts during that time, Lingo said. "I can't tell you how long it was going on," he said.

McFaul's campaign fund still held $116,000 in January, records show. The money can only be used for political purposes or donated to charity.

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