Jurors in an Ohio corruption trial announced Tuesday that they were unable to reach a unanimous verdict in the case involving two former executives from FirstEnergy Corp. The impasse occurred during the trial concerning their alleged involvement in a massive $60 million bribery scheme.

The Impasse in Akron Trial

The jury, seated in Akron, informed the court that they had reached an impasse concerning former CEO Chuck Jones and former Senior Vice President Michael Dowling. Summit County Common Pleas Judge Susan Baker Ross is now set to consider a motion for a mistrial at a later date.

Charges and Allegations

Jones and Dowling faced multiple felony charges, including corruption, bribery, conspiracy, and aggravated theft. These charges stemmed from allegations that they orchestrated a $4.3 million payment to the individual who would become the state’s top utility regulator.

Prosecutors contended that the payment constituted a bribe to Sam Randazzo, the future chair of the Public Utilities Commission of Ohio (PUCO). This bribe was allegedly exchanged for favorable regulatory and legislative actions, specifically support for House Bill 6.

House Bill 6 was a controversial $1 billion bailout package intended for two nuclear plants affiliated with FirstEnergy. The utility company had previously admitted to underwriting the broader $60 million scheme, which involved electing allies and passing the bailout legislation.

Defense Arguments and Key Testimony

The defense team maintained that the $4.3 million payment was legitimate, arguing it was an above-board legal settlement for services Randazzo rendered to the Akron-based power company. They characterized Randazzo as a “con man” and “a thief” who alone was responsible for the misuse of FirstEnergy funds.

Conversely, prosecutors argued that Jones and Dowling were experienced executives fully aware of their actions. During the six-week trial, U.S. Senator Jon Husted provided key testimony, confirming his presence at a pivotal dinner on December 18, 2018.

Evidence of Coordination

The December 2018 meeting included Husted, then-Gov.-elect Mike DeWine, Jones, Dowling, and lobbyist Josh Rubin. Rubin, who advised the governor’s campaign, had earlier counseled the executives on lobbying DeWine regarding the PUCO chair selection.

Text messages presented in court revealed Rubin cautioned the executives against mentioning their subsequent meeting with Randazzo at his residence to DeWine. Later that day, Randazzo texted Dowling a precise figure: “Total 4,333,333” for the years 2019 through 2024.

Dowling responded, “Got it, Sam,” adding comments about the hospitality. The following day, Jones texted Randazzo, promising payment in full that year, warning, “Don’t forget about us or Hurricane Chuck may show up on your doorstep!” Randazzo replied, asking how they wished to structure the invoices.

It is noted that Randazzo and another lobbyist facing charges in connection with the case both died by suicide.