In June 2007, U.S. District Court Judge Ann Aldrich ordered the Diocese of Cleveland to turn over financial records to Joseph Smith and Anton Zgoznik, two former diocesan employees accused of stealing $784,000 from the church. Smith and Zgoznik maintain the money they are accused of stealing was actually additional pay authorized by former Bishop Pilla and the Rev. John Wright, the church's former financial and legal secretary. Smith and Zgoznik claim the diocese had hundreds of off-the-book accounts that church leaders used to make secret payments to scores of people. See Judge Orders Catholic Diocese to Turn over Financial Records, by Mike Tobin, Cleveland Plain Dealer (June 15, 2007) and The Judge's Order, Cleveland Plain Dealer (June 16, 2007).

Below we provide documents already available in the case United States of America v. Joseph H. Smith and Anton Zgoznik, as well as documents from a precursor civil suit, Rosie Andujar et al. v. Bishop Anthony Pilla et al. We also offer links to background articles and reporting.

United States of America v. Joseph H. Smith and Anton Zgoznik

• Indictment (August 16, 2006), also available as two smaller files 1 2
  
  
• [Defendant's] Memorandum in Support of Motion for Bill of Particulars
  
  
• Defendant Anton Zgoznik's Motion for Disclosure of Immunity or Other Promises or Inducements to Witnesses
  
  
• Memorandum and Order, by Judge Ann Aldrich (November 3, 2006)
  
  
• Defendant Anton Zgoznik's Motion to Sever Defendants and/or Counts
  
  
• Defendant Joseph H. Smith's Motion to Order Production of Documents (February 16, 2007, with exhibits, also available separately:
  • Exhibit A: [Documents Evidencing Father Wright's Authorization of the Creation of the Fidelity Account and Additional Compensation to Mr. Smith
  • Exhibit B: [Lawyer Says Priest Duped by Associates, by Mike Tobin, Cleveland Plain Dealer, August 24, 2006]
  • Exhibit C: [Payments to Basilica Memorial Products]
  • Exhibit D: [Copy of $8,400 Cashier's Check to John J. Wright (January 12, 1992)]
  • Exhibit E: [Payments to Renee Bales]
  • Exhibit F: [Money Order for $85,825.61 Payable to Anthony M. Pilla (September 1991)
  • Exhibit G: [Diocese of Cleveland Insurance Claim Regarding Employee Dishonesty - Joseph H. Smith (May 3, 2004) with Attachment C
    
    
• Government's Responses to Defendant Smith's Motion to Order Production of Documents and Additional Scheduling Motions (March 2, 2007)
  
  
• Catholic Diocese of Cleveland's and Bishop Anthony M. Pilla's Motion to Quash Subpoenas Issued to McDonald & Company and Merrill Lynch Pierce Fenner & Smith, Inc. by Defendant Zgoznik (March 7, 2007)
  
  
• Defendant Anton Zgoznik's Response to Motion of United States to Quash Subpoena Issued to Huntington Bank (March 15, 2007)
  • Exhibit A: [Agreement between Rev. John J. Wright, CEO of Catholic Cemeteries Association and Thomas J. Kelley (July 1, 1999)]
  • Exhibit B: [Instructions dated May 21, 2001 and January 7, 2002 by Rev. John J. Wright to Increase Thomas J. Kelley's Fee]
  • Exhibit C: [Two 1997 Checks from Diocese of Cleveland to Resultant Corporation in the Amounts of $21,643.09 and $28,654.21]
  • Exhibit D: [Redacted IRS Interview with Rev. John J. Wright about Job at Resultant Corporation for Wright's Friend Marilyn Ruane (August 4, 2005)]
  • Exhibit E: [Redacted IRS Interview with Zrino E. Judic about 1997 Payment to Smith Authorized by Wright and Sinecure for Marilyn Ruane, Identified As Wright's "Girlfriend" (November 17, 2003)]
  • Exhibit F: [Payments from Z J and Associates, Inc. to Resultant Corporation 1997-99]
    
    
• Opposition to Defendant Smith's Motion to Order Production, Filed by Diocese, Pilla, Catholic Cemeteries Association, and Catholic Universe Bulletin (March 19, 2007) [1.1M file; also available as two smaller files 1 2]
  • Exhibit A: [Letter from Sozio to Rotatori and Kushner (March 7, 2007)]
  • Exhibit B: [Sozio Affidavit (March 19, 2007)]
    
    
• Memorandum and Order by Judge Aldrich Granting in Part and Denying in Part Defendant Smith's Motion to Compel Production, Denying Motion to Quash (June 14, 2007)
  
  
• Motion by Diocese et al. for Reconsideration of June 14, 2007 Order by Judge Aldrich (June 21, 2007)
  
  
• Memorandum and Order by Judge Aldrich Granting in Part and Denying in Part the June 21, 2007 Motion by Diocese et al. (July 24, 2007)
  
  
• Defendant Smith's Motion Regarding Destruction of Evidence by the Diocese and Request for Evidentiary Hearing (August 1, 2007)
  • Attachment 1: [Gagen Declaration (August 1, 2007)]
    
    
• Response by Diocese to Motion Regarding Destruction of Evidence (August 7, 2007)
  • Exhibit A: [O'Donnell Affidavit (August 7, 2007)]
    
    
• Response by United States of America in Opposition to Motion by Anton Zgoznik to Exclude Certain Government Exhibits from Evidence (August 15, 2007)
  
  
• Order by Judge Aldrich Limiting Scope of Hearing on Defendant Smith's Motion Regarding Destruction of Evidence (August 15, 2007)
  
  
• Order by Judge Aldrich Denying Defendant Smith's Motion Regarding the Destruction of Evidence (August 16, 2007)
  
  
• Docket (February 18, 2007)
  
  
• Docket (February 28, 2007)
  
  
• Docket (August 16, 2007)

Rosie Andujar et al. v. Bishop Anthony Pilla et al.

• Complaint: Money Damages; Injunctive Relief; and Other Equitable Relief (June 13, 2005)
  • Exhibit A: [Memorandum of Law in Support of Jurisdiction]
  • Exhibit B: [Reasons Why the Statute of Limitations Revivor Language in S.B. 17 Should Not Be Adopted, by the Catholic Conference of Ohio]
  • Exhibit C: [Letter from "Dean" to Jay Milano (December 24, 2003)]
  • Financial Statements [1 2 3 4]
  • Copies of Cashed Checks [1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18]
    
    
• Motion of Defendant Bishop Anthony M. Pilla to Dismiss Complaint (July 15, 2005)
  
  
• Motion of Joseph H. Smith, JHS Enterprises, and Tee Sports, Inc. to Dismiss Complaint (July 26, 2005)
  
  
• Memorandum of Attorney General in Support of Motion to Dismiss the Complaint Filed by Bishop Anthony M. Pilla (July 28, 2005)
  
  
• Motion of Defendant Thomas J. Kelley to Dismiss Complaint (August 1, 2005)
  
  
• Motion to Deny Bishop Anthony M. Pilla's Motion to Dismiss (August 5, 2005)
  
  
• Motion to Deny Defendants Joseph H. Smith, JHS Enterprises, Tee Sports, Inc., and Thomas J. Kelley Motion to Dismiss (August 9, 2005)
  
  
• Motion of Defendant, Anton Zgoznik, Institutional Business Solutions, Formerly Monastra & Associates, Inc Institutional Financial Advisors, and Zgoznik & Associ[at]es to Dismiss Complaint (August 16, 2005)
  
  
• Plaintiffs' Motion to Deny Defendant Anton Zgoznik, Institutional Business Solutions, Formerly Monastra & Associates, Inc., Institutional Financial Advisors, and Zgoznik & Associates Motion to Dismiss Complaint (August 24, 2005)
  
  
• Memorandum of Opinion and Order, by Judge Stuart A. Friedman (September 12, 2005)

Background Articles and Reporting

- Details Unfold in Diocesan Cash Probe: Money Flowed from an Accounting Contractor to Firms Owned by Top Catholic Finance Official, by James F. McCarty and Joel Rutchick, Plain Dealer (January 10, 2004)
- Diocese Ex-CFO to Get Same Job in Columbus: Cleveland Official Resigned under a Cloud of Suspicion, by James F. McCarty, Plain Dealer (August 20, 2004)

- Pilla, Others Sued over Transactions, Plain Dealer (June 14, 2005)
- Clevelanders Sue Columbus Diocese's Financial Chief: Lawsuit Says Officer and Two Others Stole More than $1 Million, by Dennis M. Mahoney, Columbus Dispatch (June 14, 2005)

- Priest Linked to Kickback Suspect: He OK'd Payments, Court Papers Say, by Mike Tobin, Plain Dealer (August 19, 2006)
- Former Church CFO Indicted by FBI: Feds Charge Ex-CFO of Cleveland's Roman Catholic Diocese in a Kickback Scheme, by Marie Leone, CFO Magazine (August 21, 2006)
- Lawyer Says Priest Duped by Associates, by Mike Tobin, Cleveland Plain Dealer (August 24, 2006)
- Crimes against Catholics, by Bill Frogameni, Cleveland Scene (September 6, 2006)

- Pilla Had Hidden Account, Ex-CFO Says: Diocese Denies Charges by Indicted Financial Officer, by Mike Tobin, Cleveland Plain Dealer (February 18, 2007)
- Ex-Diocese Official Charged with Diverting Funds Accuses Bishop, Associated Press (February 18, 2007)
- Fund Furnished Diocesan Home, Ex-Workers Say: Diocese Calls Claims 'Scurrilous', by Mike Tobin, Cleveland Plain Dealer (February 25, 2007)
- Pilla 'Secret Fund' Really His Savings, Diocese Says, by Mike Tobin, Cleveland Plain Dealer (March 28, 2007)
- Diocese Aided Ousted Worker's Family: He Was Accused of Molesting Girls, by Mike Tobin, Cleveland Plain Dealer (March 31, 2007)
- The Scum Always Rises: An Embezzlement Scandal Closes in on Top Diocese Officials, by Bill Frogameni, Cleveland Scene (April 4, 2007)

- Judge Orders Catholic Diocese to Turn over Financial Records, by Mike Tobin, Cleveland Plain Dealer (June 15, 2007)
- The Judge's Order, Cleveland Plain Dealer (June 16, 2007)

- Tape Evidence Splits Trials of 2 Charged with Catholic Diocese Kickbacks: Judge Orders Separate Trials, by James F. McCarty, Plain Dealer (August 9, 2007)
- Catholic Diocese's Financial Documents Key to Ex-Workers' Trial: Defense Says Church Destroyed, Hid Records, by James F. McCarty, Plain Dealer (August 19, 2007)
- Cleveland Diocese Accused of Impropriety As Embezzlement Trial Nears, by Christopher Maag, New York Times (August 20, 2007) [with links to legal documents]

- The Pitfalls of Shrouded Finances, by Bill Frogameni, National Catholic Reporter (3/21/08)

- Trial to Begin for Former Cleveland Catholic Diocese Financial Officer, by Damian G. Guevara, Plain Dealer (5/11/08)
- Former Cleveland Bishop Anthony Pilla Testifies in Diocese Kickback Trial, by John Caniglia, Plain Dealer (5/20/08)
- Closing Arguments in Church Kickback Trial, by Damian G. Guevara, Plain Dealer (6/20/08)
- Jury to Decide Fate of Former Cleveland Diocese Employee Joseph Smith, Charged with Fraud, by Damian G. Guevara, Plain Dealer (6/21/08)
- Former Diocese Official Cleared of Most Charges, by John Caniglia, Plain Dealer (7/3/08)
- Former Chief Financial Officer of Catholic Diocese of Cleveland Convicted of Conspiracy and Filing False Tax Returns, by US Department of Justice, EarthTimes (7/3/08)
- Kickback Scheme Evidence Lacking; Jury Acquits Diocese Officer, by John Caniglia, Plain Dealer Reporter (7/4/08)
- Former Cleveland Diocesan Official Acquitted of Taking Kickbacks, by Dennis Sadowski, Catholic Explorer (7/7/08)