COLUMBUS, OHIO — Ohio Attorney General Dave Yost and Summit County Prosecutor Elliot Kolkovich announced that a grand jury reindicted former FirstEnergy Corp. CEO Charles Jones and former FirstEnergy lobbyist Michael Dowling. The new indictment includes 22 criminal counts against Jones and Dowling, who were previously tried in a case that ended in a mistrial earlier this year.
Both individuals face one count each of engaging in a pattern of corrupt activity, bribery, conspiracy, and tampering with evidence. They are also both charged with two counts each of telecommunications fraud. Jones faces two additional counts of obstructing justice, and Dowling faces 14 additional counts of tampering with records.
Prosecutors allege that FirstEnergy made a $4.3 million payment in 2019 to lawyer and lobbyist Sam Randazzo. This payment occurred shortly before Ohio Governor Mike DeWine appointed Randazzo as chairman of the Public Utilities Commission of Ohio. Prosecutors allege Jones and Dowling orchestrated the payment to secure regulatory and legislative favors from Randazzo.
The alleged favors included assisting with the drafting and advancement of House Bill 6, which authorized a $1 billion bailout for two FirstEnergy-affiliated nuclear plants. The indictment alleges Jones and Dowling conducted a scheme between 2010 and 2021 to bribe state officials and advance FirstEnergy's financial interests while concealing the activity through false ethics filings. FirstEnergy terminated Jones and Dowling in October 2020 after determining they violated company policies.
Ohio Attorney General Dave Yost stated that the new indictment incorporates facts uncovered during a separate civil lawsuit against FirstEnergy. "The roots of this complex case haven't changed — FirstEnergy was hijacked by two scheming executives who sought to control the regulator that influenced the company's stock prices." Yost said. "I'm confident that Ohio's ratepayers will get justice when the facts are unearthed in the courtroom."
"This new indictment includes some additional facts that were not known to us at the time of the first indictment that we became aware of because of a civil lawsuit against FirstEnergy," Yost said. Governor Mike DeWine and Senator Jon Husted were served subpoenas in the civil lawsuit but have not been accused of wrongdoing. Senator Husted testified at the previous trial that Jones and Dowling were advocating for a different candidate for the utilities commission position at the time of Randazzo's appointment.
"The new indictment restates many of the same charges as the first and relies upon additional information that the judge directly excluded during trial, including specific criminal violations alleged against Jones and Dowling that she dismissed," Dowling said. "The timing of the new indictment comes within days of Attorney General Dave Yost leaving office on Monday, and just before oral arguments on Dowling's and Jones' post-verdict motions for acquittal, which are set for Friday."
Jurors at a six-week trial in Akron deliberated for nine days in March but did not reach a unanimous verdict. Yost announced in May that he will step down from his position as attorney general to accept an executive role at Alliance Defending Freedom. Former Ohio House Speaker Larry Householder is serving a 20-year prison sentence for orchestrating the legislative scheme. Sam Randazzo died by suicide while facing state and federal charges.