Youngstown company sued by Ohio, Pa. attorneys general

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YOUNGSTOWN, Ohio (WKBN) — Ohio Attorney General Mike DeWine on Wednesday filed a lawsuit and was granted a temporary restraining order against Youngstown-area Encore Music Productions Ltd. and its agents for deceiving donors while soliciting for firefighter and police charities. The Pennsylvania Attorney General also filed a lawsuit against the business.

“These telemarketers used misleading tactics to solicit donations from Ohio families under the pretense of supporting police and firefighters,” DeWine said. “In some cases, they even pretended to be firefighters. This situation required immediate action to prevent further deception and fraud. Ohioans deserve to know the truth about their donations.”

Since 2006, Encore has solicited for more than 30 organizations in Ohio and four organizations in Pennsylvania by selling tickets and business advertisements for local concerts. The business was formed in 2005 and its owner is listed as Joseph Chiovitti of Boardman, according to the lawsuit.

An investigation DeWine’s office found that Encore and its agents Phil’s Productions LLC, MVP Productions, and Sharp Productions committed several violations including:

  • Lying to donors by saying 100 percent of donations went to a local charity, when only 10 to 33 percent went to charity.
  • Training telemarketers to falsely identify themselves as volunteers or firefighters.
  • Failing to identify themselves as professional solicitors.
  • Hiring more than 22 recently convicted felons as telemarketers in violation of Ohio law.
  • Failing to properly register with the Ohio Attorney General’s Office.

DeWine’s 42-count civil lawsuit, filed in the Allen County Common Pleas Court, alleges violations of Ohio’s Corrupt Activities Act and the Ohio Charitable Organizations Act, including money laundering, mail and wire fraud, theft, and deceptive acts and practices. The Attorney General seeks an order shutting down the enterprise, redistribution of its assets to legitimate charities, civil penalties and other costs.

The lawsuit names 18 defendants:

  • Encore Music Productions Ltd. of Boardman
  • Phil’s Productions LLC of Youngstown
  • Joseph Chiovitti of Boardman
  • Philip Howells of Youngstown
  • M.V.P. Productions LLC of Cambridge
  • Martin Vernello of East Liverpool
  • Kingsley Harris of Canfield
  • Jennifer Fairall of Campbell
  • Jessica Covington of Lowellville
  • Matthew Bocian of Youngstown
  • William Sharp and Waive Sharp, doing business as Sharp Productions, of Bucyrus
  • William Berrier of North Lima
  • Abby Makara of Youngstown
  • Laura Harper of Cambridge
  • Jaime Kegarise of Struthers
  • Esther Holmes of Youngstown
  • John Douglas of Youngstown.

DeWine thanked the Ohio State Fraternal Order of Police and the Ohio Association of Professional Firefighters, including several of their local chapters, for providing information and assisting in the investigation.

The Attorney General’s action against Encore is part of an ongoing effort to crack down on professional solicitors that fail to comply with Ohio law. In August, the Attorney General reached a settlement with Gordon & Schwenkmeyer, a California-based professional solicitor that agreed to pay $39,600 to the Ohio Attorney General’s Office after the office discovered dozens of violations, including failure to file timely solicitation notices or financial reports.

To see a copy of the lawsuit and restraining order, click here.

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