United States District Court, N.D. Ohio, Eastern Division
OPINION AND ORDER
CHRISTOPHER A. BOYKO UNITED STATES DISTRICT JUDGE.
This
matter is before the Court on the Motions of Defendant Khalil
Ewais (Doc. 33) and Abdeljawad Ewais (Doc. 34) to Sever
certain counts and Defendants from the single Indictment. The
Government does not object to severing Defendants. Therefore,
Abdeljawad's Motion is GRANTED. For a
similar reason, Khalil's Motion to Sever Defendants is
also GRANTED. However, for the following
reasons, Khalil's Motion to Sever the Counts is
DENIED.
I.
BACKGROUND
Defendant
Khalil is an engineer by trade. He worked for the Mayor's
Office of Capital Projects for the City of Cleveland as its
Section Chief of Construction in the Division of Engineering
and Construction. He and his brother - Defendant Abdeljawad -
also owned a specific commercial property located at the
corner of Storer Avenue and West 62nd Place in
Cleveland, Ohio. Defendants leased the property to at least
two businesses. Khalil also owned and operated a private
engineering and consulting company through which he did work
for private clients in Cleveland.
On
December 19, 2019, a Federal Grand Jury indicted both
Defendants in a single Indictment. The crux of the Indictment
focuses on what Khalil calls the “corruption
charges.” According to the Indictment, Khalil
unlawfully used his position with the City to his private
benefit. He allegedly influenced third-parties to provide
either his commercial property or his private business
clients improper benefits.
For
this, the Grand Jury indicted Khalil with one count of
Extortion Under Color of Official Right, a violation of 18
U.S.C. § 1951; one count of Bribery in Federally Funded
Programs, in violation of 18 U.S.C. § 666(a)(1)(B); one
count of Theft from a Program Receiving Federal Funds, in
violation of 18 U.S.C. § 666(a)(1)(A); one count of Wire
Fraud, in violation of 18 U.S.C. § 1343; and one count
of False Statement or Representation Made to a Department or
Agency of the United States, in violation of 18 U.S.C. §
1001(a)(2).
The
Grand Jury also indicted Khalil on four counts of Making and
Subscribing False Income Tax Returns for tax years 2013,
2014, 2015 and 2016, each in violation of 26 U.S.C. §
7206(1) (the “tax charges”). According to the
Indictment, Khalil failed to report “rental income and
other things of value” in his tax returns.
Similarly,
the Grand Jury indicted Abdeljawad on five counts of Making
and Subscribing False Income Tax Returns for tax years 2012,
2013, 2014, 2015 and 2016, all in violation of 26 U.S.C.
§ 7206(1). These charges stem from Abdeljawad's
alleged failure to report rental income on his tax returns.
On
April 18, 2019, both Khalil and Abdeljawad asked the Court to
sever the Defendants. Khalil also asked the Court to sever
the corruption charges from the tax charges. On May 18, 2019,
the Government responded, agreeing to sever the Defendants
but opposing Khalil's request to sever the tax and
corruption charges. Khalil filed his Reply shortly
thereafter.
II.
LAW AND ANALYSIS
A.
Standard of Review
Whether “counts of an indictment are to be joined or
severed are governed by Federal Rules of Criminal Procedure 8
and 14.” Thomas v. United States, 849 F.3d
669, 675 (6th Cir. 2017). Rule 8(a) states:
The indictment or information may charge a defendant in
separate counts with 2 or more offenses if the offenses
charged-whether felonies or misdemeanors or both-are of the
same or similar character, or are based on the same act or
transaction, or are ...