2 lawsuits accuse Crish of fraud as sheriff

LIMA — Two more people filed lawsuits Thursday against Allen County Sheriff Sam Crish, alleging he illegally used his office under the guise the money would be used for a sheriff dog program to obtain loans that he did not pay back.

Greg T. Schiffler, of Lima, and David L. Hefner Sr., of Elida, both filed lawsuits Thursday in Allen County Common Pleas Court. Crish and the county are named as defendants along with possible unnamed county employees. The lawsuits make similar claims including felony theft, fraud and that Crish used his official capacity as sheriff to obtain the loans.

Schiffler said on April 12, Crish, acting in his capacity as sheriff, requested a loan under the pretense of raising money for training police canines at the sheriff’s office. On May 2, Crish signed a promissory note with Schiffler for $13,500 to be repaid within two months for $17,250, an increase of $3,750 for lending the money. Schiffler then gave Crish $13,500, according to court records.

Schiffler attached a handwritten note that is listed as the promissory note.

Crish has not made a payment, the lawsuit said.

On Aug. 12, Crish approached Schiffler asking for an additional loan of $8,000 which Schiffler then gave him but no promissory note was signed. This transaction took place at the sheriff’s office, according to the lawsuit.

“Defendant Sam Crish’s representations were false, in that, Defendant Sam Crish did not use the loans for the Sheriff’s Office canine training, and did not intend to repay all amounts loaned to him,” according to the lawsuit.

The lawsuit accuses Crish of making statements that were false or reckless and with disregard as to whether the statements were true or false. Schiffler said he relied on Crish’s representations to make the loans.

“Defendant Sam Crish made false representations with the intent of misleading Plaintiff into relying on them,” according to the lawsuit.

Schiffler accused Crish of theft.

Allen County is named as a defendant since the lawsuits accused Crish of acting in his scope as the sheriff to obtain the loans.

“Defendant Sam Crish’s actions in fraudulently soliciting money on behalf of the Sheriff’s Office constitutes a gross neglect of duty, gross immorality, misfeasance and malfeasance, and therefore make him guilty of Misconduct in Office” under Ohio law, the lawsuit said.

The lawsuit said Crish and Allen County are not entitled to governmental immunity, saying Crish’s acts were outside his official duties or committed with malicious purpose or in a reckless manner.

The lawsuits alleged Crish’s acts are felony crimes that employees of the county have a duty to report.

Schiffler is seeking more than $25,000 in total damages.

Hefner said in his lawsuit Crish asked him on Jan. 11 to borrow money for training police dogs at the sheriff’s office. Crish signed a promissory note the same day to borrow $15,000, which he received, at 15 percent interest to be paid in quarterly installments of $4,312.50. The first payment was due April 11, according to court records.

Hefner’s attorneys, the same who filed the lawsuit for Schiffler, attached a promissory note to the lawsuit.

Hefner made the loan to Crish out of his personal retirement savings, according to the lawsuit.

Crish made one payment of $4,400 in late April but has failed to pay back any more, according to the lawsuit.

On June 23, Crish again approached Hefner requesting an additional $7,000 which he gave Crish that day and executed another promissory note with a 10 percent interest rate on the loan. The loan was to be paid in full by Aug. 8, according to court records.

That note also was included in the lawsuit as an exhibit.

Hefner’s lawsuit is seeking more than $25,000 and Hefner makes similar allegations of fraud, theft and felony crimes. The lawsuit said Crish was acting in his official capacity as sheriff seeking the loans and did not use the loans for the dog program.

Crish has not been charged with any crimes. However, the FBI investigation into Crish is ongoing and the FBI will not say anything further. The FBI raided Crish’s office Sept. 7.

Former Lima City Councilman Ray Magnus has sued Crish for $102,000. Magnus filed the lawsuit in September saying he let Crish borrow money.

Additionally, convicted drug dealer Demond Liles is appealing his conviction, saying he let Crish borrow $20,000 then Crish used the drug task force to entrap Liles into committing felony drug crimes to get out of paying his debt. Crish denied Liles’ allegations that were first mentioned in a court filing earlier this year.

Crish was reelected sheriff in November as the only person on the ballot. Crish took his oath of office Thursday for his next term and it was filed with the Clerk of Court’s Office.

Crish has said he is a compulsive gambler and is receiving treatment for it.

Crish’s attorney, Mike Rumer, could not be reached for comment Thursday evening.

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Crish
http://www.limaohio.com/wp-content/uploads/sites/54/2016/12/web1_sam-crish-1.jpgCrish

By Greg Sowinski

[email protected]

Reach Greg Sowinski at 567-242-0464 or on Twitter @Lima_Sowinski.