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Department of Injustice? WSU vs Clayton Luckie

David Esrati |

December 06, 2019, 11:07 AM |

In news, you have hardball, softball and now, apparently we have wiffle ball reporting. In today’s article about the WSU shenanigans. No where in the article are any actual people named as guilty in this obvious scheme to break the law in terms of federal contracting and employment law. The Department of Justice didn’t have a press conference, didn’t announce the names, photos didn’t appear on the front page of the paper.

Clayton Luckie took a fall for chump change. Wright State- no one goes to jail

Clayton Luckie’s fall from grace is well documented. No faces to the WSU fiasco.

Let’s compare and contrast their treatment of one disgraced former politician, Clayton Luckie. Clayton set up a shell company, ordered a couple of hundred dollars worth of vehicle magnetic signs and participated on government contracts as a minority owned firm and slapped his signs on someone else’s equipment who did the work.

The company that did the work was never named, although we can guess it was connected to Steve Rauch or one of his former employees, and all the government could prove was that Clayton got a couple of thousand dollars in kickbacks. For that, he’s going to prison for a few months, has had his photo smeared across the local news, and will be on post release control for about 3 years.

In this article, no names, no photos, and no jail time, for a scheme that was worth hundreds of thousands of dollars. Apparently, because “Corporations are people too” as “Citizens United” created a way for corporations to influence elections, we now have corporate ghosts capable of committing crimes without fear of prosecution.

For the record, Web Yoga is owned and run by Vijay Vallabhaneni. Oddly, he doesn’t seem to have much of an online presence, except someone with the same name is claiming to now run a company calledErudex LLC, one of those strange companies that doesn’t list a contact address, anywhere on the site.

A federal judge imposed a more than $500,000 fine Thursday against a Dayton-area staffing company, ending a nearly decade long saga that prompted Wright State University to admit to abusing foreign work visa applications.

Web Yoga Inc. was sentenced to pay a $566,000 fine in U.S. District Court by Judge Thomas Rose. The amount was determined before the sentence by prosecutors and the defense but needed the judges’ approval before becoming official…

Web Yoga’s legal troubles started during the summer of 2010, when an official with Wright State approached Web Yoga and proposed an arrangement whereby the university would source H-1B visa holders from overseas and subcontract them to Web Yoga for placement at client locations around the country, according to the U.S. Department of Justice.

Between 2010 and 2013, WSU entered into sponsored research contracts with Web Yoga. Wright State employed software engineers, obtained H-1B visas for the employees, and paid their respective salary and benefits as employees of the university, according to the DO J.

The H-1B visa program allows companies in the United States to temporarily employ foreign workers in occupations that require highly specialized knowledge and a bachelor’s or higher degree in a specific specialty.

Wright State was sometimes “exempt” from a cap limiting the number of H-1B visas it could obtain, unlike other types of organizations.

Wright State employed 24 foreign employees who were selected and approved by Web Yoga through H-1B visas, according to the DO J. Web Yoga learned in 2012 that portions of the H-1B visa paperwork filed by Wright State with the federal government did not accurately reflect the work locations for the visa holders subcontracted to the company.

Web Yoga learned the university falsely stated the employees would be physically working on the university’s campus. The visa employees worked as consultants on behalf of Web Yoga in various cities throughout the country, including Atlanta, Orlando and New York City, according to the DO J.

The U.S. Attorney’s Office agreed not to pursue civil or criminal prosecution of Wright State since the university agreed to pay $1 million in three installments over two years. WSU also agreed to cooperate in any additional investigations stemming from the federal probe…

Source: Company sentenced in WSU visa fraud case – Dayton Daily News

Sources have told me that “an official with Wright State ” was former WSU Provost Sundaram Narayanan. They’ve also said that Web Yoga got the easy treatment by fully cooperating and handing over all their information. The same can’t be said of the folks at Wright State, which brings to question when the DOJ will actually go after the “engineer” of this scheme. So far, all that’s happened is that you and me, the taxpayers, have paid a million dollar fine from WSU to you and me, the Federal Government, which is a joke of a punishment, since neither “institution” has actually done anything meaningful to make this right.  UES was also implicated in the H1B visa scandal, and it’s CEO, Nina Joshi was on the board of trustees at Wright State- no mug shot, no arrest, no indictment, no fine…

Clayton Luckie wasn’t so lucky. He’s going to the big house.

Makes you wonder what “justice” looks like in this country, because if you are Vijay Vallabhaneni, paying $566K and not being named, indicted, or doing jail time sure beats what happened to Clayton Luckie. And for the record, this isn’t the first time I’ve questioned this questionable justice:

Universities are people too? WSU gets a fine and a gag order on H1B visa scandal

It’s time for justice to actually balance the scales or there is no justice.

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4 Comments

  1. John Mitchel

    David, you are spot on, but I’m surprised you didn’t mention oligarch Raj Soin’s role in this corruption.

  2. beth

    Did anything ever happen to Greg Sample and his company Double Bowlers and the Wright State Investigation by the Attorney General? File id no.: 2017-CA0001
    Date filed was July 2, 2019. It was found on watchdog.ohio.gov.
    I was asked if this was the same Greg Sample that used to be Franklin’s Mayor, also the Franklin Twp Trustee and the same Greg Sample who was the COO of RG Properties and the same Greg Sample who sits as the Director of the Warren County Port Authority. I said I didn’t know, but if anybody knows it would be you.

  3. Plop Star

    While I agree that more should be done to the perpetrators of the H1B visa abuse at WSU, comparing the treatment of WSU to the treatment of the “once disgraced” Clayton Luckie is a bit misleading considering Clayton Luckie has a history with the department of corrections. It is plausible to believe that his previous pleas of guilty to… what was it… 8 felony counts and 1 misdemeanor count may have more influence on his current treatment than anything else discussed in the post. As stated earlier, I agree with your take on the inaction regarding WSU, but using that inaction to call the actions taken against a self-confessed multiple felon “injustice” doesn’t strengthen your argument.

    To inform those who are unaware or have chosen to forget history here is a copy and pasted article from the DDN:

    Ex-State Rep. Luckie going to prison
    Ohio
    Jan 23, 2013
    By
    Laura A. Bischoff, Columbus bureau
    COLUMBUS —
    Former state lawmaker Clayton Luckie was sentenced to three years in prison and three years of probation Tuesday under a plea agreement with the Franklin County Prosecutor on charges the Dayton Democrat misused his campaign account while serving in the Ohio House of Representatives.
    Luckie also was ordered to repay $11,893 that he received in salary as an Ohio House member from when he was indicted in October until his term ended on Dec. 31.
    While Luckie will report March 18 to begin his state prison time, he could be eligible for early release after as little as six months behind bars, depending in part on his cooperation in an ongoing FBI investigation.
    Under the plea agreement reached Tuesday, prosecutors dropped 42 criminal counts and added a grand theft charge. Luckie then pleaded guilty to the remaining eight felony counts and one misdemeanor count.
    Authorities accused Luckie of diverting as much as $130,000 from his campaign account between 2006 and 2012, including $9,825 in checks written to himself, 169 cash withdrawals totaling $19,000, and 800 debit card transactions totaling almost $40,000. Much of the spending did not appear to be campaign related: ATM withdrawals at casinos, a payment on a home equity line of credit, and purchases at Morris Home Furnishings, Weber Jewelers, Nordstrom, Lowe’s, Babies R Us and other retailers.
    Luckie apologized to his constituents, family members, colleagues and others, and said he takes full responsibility for his actions. But in the same two-minute statement Luckie seemed to chalk it all up to mistakes that resulted in trying to do too much at once.
    “I tried to act in my job to the best of my capability was at the time. Making sure I take care of my constituents and making sure I put forth legislation that would help my constituents,” he told the court. “I’ve worked from six in the morning to one, two o’clock at night. I went to every meeting. I’ve never missed an occasion from a bar mitzvah to a birthday party to a graduation. I tried to make everything. I think doing this job you don’t have a big staff and you spread yourself thin. I think I spread myself a little thin.”
    He declined to comment further immediately following his sentencing.
    Luckie pleaded guilty to six counts of election falsification, one count of money laundering, one count of theft, and one misdemeanor count of filing a false ethics statement.
    Luckie came to the FBI’s attention during the same investigation that led to another Democrat, Carlton Weddington, pleading guilty to bribery and ethics charges and going to prison for three years. an investigation into the pay day lending industry, the Ohio Legislative Black Caucus and the General Assembly that led to another Democrat, Carlton Weddington, pleading guilty to bribery and ethics charges and going to prison for three years. During the course of the investigation, FBI agents found a $300 contribution to Luckie’s campaign account reported by a pay day lending political action committee but not reported by Luckie.
    The scheme exposed vulnerabilities in Ohio’s campaign reporting system that authorities say allowed Luckie to name a campaign committee treasurer without the man’s knowledge and then submit bogus receipts to justify fake campaign expenditures used to cover money being siphoned off for personal use.
    “It is an honor system. You file your expenditures. You don’t have to submit the bank statements so the (campaign committee) treasurer is on the line for election falsification if you file a false report,” said Franklin County Prosecutor Ron O’Brien, who has prosecuted more than a dozen public officials in the past decade for criminal conduct. “But no one really knows if they’re false unless you look at the underlying bank accounts, which happened in this case.”
    Secretary of State Jon Husted said the state campaign finance department works more in a transparency role than an investigatory role and its primary duty is to review reports and make them publicly available. Husted said expenditures at fast food restaurants and retail stores don’t necessarily break the law, which gives politicians leeway on how to spend.
    “We definitely try to play it strictly by the book — what is allowed, what isn’t allowed,” Husted said. “We don’t make judgments whether it’s a wise use of funds, we make judgments whether it’s a legal use of funds.”
    Husted said Luckie’s missteps could have been discovered sooner if candidates submitted bank statements with their expenditure reports. Bank statements would show where public officials actually spent their dollars instead of where they reportedly spent it. State campaign finance law would have to be changed to mandate the extra information.
    O’Brien said lawmakers may want to consider changing the law to require more documentation and auditing. But in the meantime, he said, “Whether you’re stealing from your campaign fund as Mr. Luckie was doing or whether you’re taking bribes as Mr. Weddington was doing, eventually you’ll be caught and there will be serious sanctions.”
    Edward Hanko, Special Agent in Charge of the FBI Cincinnati Field Office, said in a written statement: “When public officials betray the trust that has been given to them, it can have a devastating impact on our system of government. These officials are accountable for their actions and when they violate the law, there are very real consequences.”
    O’Brien, a Republican, has prosecuted more than a dozen public officials in the past decade for ethics violations and other criminal conduct, including former Gov. Bob Taft, his then chief of staff Brian Hicks, former attorney general Marc Dann, and several people connected to the extensive investment scandal at the Bureau of Workers’ Compensation.
    Before going to the Ohio House, Luckie spent 10 years on the Dayton School Board. He lives in the Wright-Dunbar Historic District, has two children and is divorced. He was replaced in the 39th House district seat by Fred Strahorn, a Democrat who previously served in the House and Senate.
    Staff writer Jackie Borchardt contributed to this report.
    Luckie Plea Agreement:
    Clayton Luckie pleaded guilty to six counts of election falsification, one count of filing a false ethics financial disclosure form, one count of money laundering and one count of theft.
    He promises to cooperate with the FBI and prosecutor in ongoing investigations. The prosecutor promises to consider Luckie’s cooperation when deciding whether to object to a petition for early release down the road.
    Luckie agreed to close his campaign account “as is” and forfeit any remaining balance to the Ohio Elections Commission.
    Luckie will not run for or hold any elective office for five years.
    Luckie Sentencing:
    Franklin County Common Pleas Court Judge Alan Travis sentenced Luckie to three years in state prison, beginning March 18, and three years of post-release control. Luckie is also ordered to pay back $11,893 in state pay he took from Oct. 10 when he was indicted until Dec. 31 when his Ohio House term ended.
    The Dayton Daily News first reported in August that Clayton Luckie was under criminal investigation, prompting local Democrats to press him to withdraw his name from the November ballot. In October, the Daily News was first in the state to report that the criminal case was landing in court. After his indictment on 49 criminal counts, the Daily News detailed how much it cost taxpayers to continue paying his salary through the end of his legislative term.

    Just sharing my unsolicited opinion once more.

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