CLEVELAND — The trial of former East Cleveland Police Chief Scott Gardner is underway for alleged financial crimes, which include collecting and failing to remit sales tax, passing bad checks, theft in office and money laundering.
Gardner is facing a bench trial, meaning Cuyahoga County Common Pleas Judge Jeffrey P. Saffold, will decide the case rather than a jury.
The 49-year-old Gardner has been indicted on the following charges in the case:
- One count of aggravated theft
- One count of telecommunications fraud
- Six counts of collecting and failing to remit
- Six counts of fraudulent actions concerning a tax return
- One count of tampering with records
- Three counts of passing bad checks
- Two counts of money laundering
- Two counts of theft in office
- Two counts of grand theft
The charges stem from a yearslong investigation into his tax filings and financial decisions from 2014 to 2019 as chief of the East Cleveland Police Department and president of CPACS—a security services company that he still owns and runs.
Assistant Cuyahoga County Prosecutor Samantha Sohl argued Gardner “grossly underreported” his earnings from his business, paying hundreds of thousands of dollars less in taxes over the years before hiring an accountant and tax attorney to assist in filing amended sales tax filings during the state’s investigation.
On top of that, Sohl alleged Gardner committed theft and laundered money that should have gone to the East Cleveland Police Department and its officers.
“He stole it from the FOP (Fraternal Order of Police), he stole it from the East Cleveland Police Department, he stole it from his own officers,” Sohl said.
She said instead of going to police, the money went into Gardner's business and to support his “lavish lifestyle.”
“The money was used to pay American Express bills and you’ll see what those American Express bills were for. I submit to you they’re not related at all to the defendant’s business as the East Cleveland police chief. He’s going to dinner. He’s going to the Caribbean, He’s going on trips,” she said.
“Your honor, you’re going to hear evidence that Mr. Gardner was frankly a terrible businessman” defense attorney Allison Hibbard acknowledged during her opening argument to Judge Saffold.
“He did certainly provide good services; however, his record-keeping is terrible, his spending is irresponsible at times. Frankly he co-mingled funds is what we did. But what he didn’t do is commit crimes. He had no criminal intent. Not even recklessness with regard to the sales tax filings and you will hear evidence that when he understood he had a problem with his filings, he retained a tax attorney, and re-did the filings,” she added.
Hibbard argued Gardner's role as police chief did not have much to do with the allegations in this case. They added that the former chief “cared deeply” about his officers.
Prosecutors have so far called two witnesses to the stand—an agent with the Ohio Department of Taxation who investigated Gardner’s case and a CPA who worked with him. The trial is expected to pick up again on Tuesday.