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J.J. Cafaro must serve time in the federal penitentiaryEmail Print Published: Thu, February 25, 2010 @ 12:00 a.m.
Vindy.com
Seven-plus years ago, federal prosecutors gave convicted felon J.J. Cafaro such a huge break that it prompted Mahoning Valley residents to question whether justice is truly blind.
Cafaro, son of one of the most successful shopping center developers in the country, got a tap on the wrist after he pleaded guilty in 2002 to providing an “unlawful gratuity” — the charge is contained in the federal bribery statute — to former Congressman James A. Traficant Jr.
The executive vice president of the Cafaro Co. at the time received 15 months’ probation and was fined $150,000.
Despite admitting that he gave Traficant $13,000 in cash to have the then-congressman help his company, US Aerospace, secure a federal contract, he did not spend any time behind bars.
Indeed, federal prosecutors gave Cafaro a pass even though he admitted that he had committed perjury in another criminal trial, that of former Mahoning County Sheriff Phil Chance.
And so, this convicted felon has continued to live the good life, while Traficant, who was found guilty of 10 federal criminal charges, including racketeering, bribery and tax evasion, went to federal prison for seven-plus years.
But now, the United States Attorney’s Office in Cleveland has a chance to make amends with regard to Cafaro.
The shopping center developer has admitted that he violated federal campaign finance laws in 2004 when he funneled $10,000 into his daughter’s congressional campaign. Capri Cafaro, a Democratic state senator from Liberty Township and minority leader of the Senate, is not implicated in her father’s scheme.
However, Cafaro has told federal prosecutors that he loaned the $10,000 to a campaign staff member who then directed the money to his daughter’s campaign. The staffer has not been identified.
Admission of guilt
So, what does admitting guilt to violating federal elections laws mean? From our vantage point, it can mean only one thing: Cafaro must go to prison.
It’s bad enough that he was willing to try to buy the congressional seat for his daughter, but worse than that, he indulged in his illegal behavior even though he was a convicted felon.
We would remind the U.S. attorney in Cleveland of what we wrote in November 2002 when J.J. Cafaro got off easy:
“It is all the more egregious when the person seeking to influence an officeholder has great wealth, has standing in the community, and has a long history of involvement in politics.”
And, we noted what happens when someone like Cafaro is able to game the system:
“The problem is that every time federal prosecutors urge a judge to go easy on some crook, the criminal justice system’s credibility suffers that much more.”
If Cafaro again walks, the people of the Mahoning Valley will be left to wonder if there is a two-tier criminal justice system: one for those who can buy influence; the other for everybody else.
A statement made public by his lawyer, Ralph E. Cascarilla of Cleveland, included the following:
“The investigation into the matter has been completed. Mr. Cafaro will plead guilty to the charge, and he expects to be sentenced according to the usual procedure followed by the court.”
While those familiar with the federal criminal justice system say that prison time is rare in a case involving violations of election laws, Cafaro’s past criminal history is relevant and applicable.
U.S. District Court Judge John Adams in Akron should be aware that this is not a man who has demonstrated that he knows the meaning of the word contrition.
J.J. Cafaro is deserving of a reservation in the federal penitentiary.