Inset: Nicholas Graham (WKBN). Background: The auto repair shop where Graham allegedly got his truck fixed in exchange for legal favors (Google Maps).
A former and longtime municipal prosecutor in Ohio will likely spend the next several years with federal authorities — but in an altogether new and different role as a criminal defendant.
Nicholas Graham, 52, stands accused of one count each of conspiracy, wire fraud, and Hobbs Act extortion under color of official right, according to an indictment filed on Sept. 19. The charging document was unsealed after Graham’s arrest on Tuesday at the request of a judge with the U.S. District Court for the Northern District of Ohio.
Graham worked for 21 years as assistant city prosecutor for Warren — a medium-sized city 60 miles southeast of Cleveland.
Prosecutors say the conspiracy had two main components.
First, Graham allegedly received free automobile parts and repair services. Meanwhile, Brian Votino, the owner of an auto parts and repair business, received a reduction in criminal charges and more lenient sentencing in two pending criminal cases, prosecutors said.
The plot appears to have fallen apart due to the knowledge of a third man — an unindicted co-conspirator referred to only as “K.M.”
Prosecutors say K.M. was the go-between who worked to “convey messages between them through phone calls” while the defendants themselves “used coded language” in reference to the scheme.
More Law&Crime coverage: Federal prosecutor allegedly used edited videos from Project Veritas and hid evidence from defense to go after anti-Trump protesters
Some of the alleged language, however, was not particularly coded at all — but rather employed a euphemism commonly used and understood to express the concept of a quid pro quo.
“One hand washes the other,” Votino allegedly told K.M. during one recorded phone call, saying he made the same comments to Graham about the scheme, according to the indictment.
Other times, Graham and Votino allegedly did not bother to use euphemisms whatsoever, according to the indictment.
Prosecutors allege the conspirators were explicitly clear about their efforts to try and cover up the corrupt exchange — particularly Graham, who allegedly disdained any direct contact with Votino. The then-prosecutor went out of his way to avoid speaking with the business owner directly, according to the indictment.
More Law&Crime coverage: Top Baltimore progressive prosecutor who insisted she did ‘nothing wrong’ and blamed federal indictment on ‘political adversaries’ is convicted of lying about COVID hardships
“Tell him not even to tell his attorney,” Graham allegedly told K.M. in October 2019. “Tell him once he orders that and does everything, I still want him to give me a bill just to have.”
As if the message wasn’t clear enough, Graham then allegedly called K.M. back — a few minutes later — and stressed that he should not tell Votino about the earlier phone call. Rather, the then-prosecutor told K.M. he should act like it was his own idea to “put a bill together” and keep the attorney in the dark, according to the indictment.
And, for awhile at least, it looked as if the middleman was happy enough to share a message here and there but was apparently eager to wash his hands of the situation.
Later that same day, K.M. called Votino.
“What you talked about yesterday stays between you and him,” K.M. told Votino. “Write out a bill, just to cover his a—— that he paid.”
But federal law enforcement says Graham did not pay.
More Law&Crime coverage: Prosecutor allegedly had dog cremated, bought Target pillows on taxpayers’ dime with funds meant for crime victims
Instead, according to the indictment, Votino “repaired one of the bumpers” on Graham’s truck. He also asked Votino to “check out” his golf cart, though it is unclear whether any repairs were needed or performed on the smaller vehicle.
And in exchange, while appearing as the city’s attorney, Graham “took official action” to reduce Votino’s “first-degree misdemeanor charge for driving under the influence to a third-degree misdemeanor charge for the reckless operation of a vehicle,” according to the indictment. Graham also allegedly reduced Votino’s “fifth-degree felony drug possession charge to a first-degree misdemeanor drug possession charge.”
Votino is facing the same three charges as Graham, according to the indictment. Neither indicted man is in pretrial detention, federal court records show, but must refrain from committing any federal crimes. Graham was also required to surrender his passport.
Graham was fired from his position with Warren in September 2022 after being on unpaid leave for roughly one month prior. That firing, however, appears to be unrelated to the recent federal charges.
At the time, Graham was under investigation after an incident at his house during his son’s 19th birthday party resulting in multiple allegations of underage drinking, according to the Tribune Chronicle. During the party, a fight broke out and one person was arrested.
Have a tip we should know? [email protected]
