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Mike Fox trial waiting  on High Court

Federal trial delayed  indefinitely pending  outcome of a decision  by U.S. Supreme Court.

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By Dave Greber, Staff Writer Updated 12:00 AM Friday, March 5, 2010

CINCINNATI — The federal trial involving former state legislator, Butler County commissioner and children services leader Michael Fox has been delayed once again pending the outcome of a decision by the U.S. Supreme Court.

Fox and co-defendant Robert C. Schuler are accused of — among other charges — improperly benefiting from a contract between Schuler’s company and Butler County when Fox was commissioner. The indictment also alleges both men failed to report the income on federal tax returns.

Federal prosecutors allege that Schuler wired Fox $460,000 while his fiber-optics company NORMAP profited from a contract with the county. Both pleaded not guilty in November to an eight-count indictment charging them with conspiring to improperly benefit from the $2.75-million fiber-optics contract with the county.

The charges against Fox include four counts of mail fraud involving honest services. These are the most serious charges in the indictment — each carrying a sentence of up to 20 years.

While the trial initially was scheduled for June 1, it has now been delayed indefinitely to allow a U.S. Supreme Court decision play out.

Since December, the Supreme Court has been considering whether the law — depriving “another of the intangible right of honest services” — is too vague.

Late last year, the High Court was presented with arguments in the high-profile cases of others fighting charges similar to those of Fox and Schuler, including former newspaper executive Conrad Black, former Alaska state legislator Bruce Weyhrauch and former Enron President Jeffrey Skilling. The court is expected to issue its rulings before the current session ends Oct. 4.

Of the eight counts Fox faces, two of them fall outside the “honest services” law, which is a part of the federal statute concerning mail fraud. Those charges are one count of conspiracy to commit mail fraud and one count of filing a false income tax return, each of which carries a maximum penalty of three years in prison.

Staff

riter Josh Sweigart contributed to this report

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