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illegal operation of a bingo game and commanded the Lorain County
sheriff to arrest petitioner. On June 4, 1986, the grand jury of
Lorain County filed an indictment against petitioner for illegal
operation of a bingo game because petitioner did not use all the
gross receipts of the bingo games for charitable purposes, a
third degree felony. On June 5, 1986, the Lorain County Sheriff
received the warrant. On June 15, 1986, the Elyria Police
Department executed a valid search warrant during petitioner’s
bingo game, and confiscated its property, arrested and
incarcerated Popovic, and closed the bingo game. On June 25,
1986, the Sheriff arrested petitioner pursuant to the May 5,
1986, warrant, by serving Zeve. Bills of particulars were filed
against petitioner and against Popovic on September 11, 1986.
On November 18, 1986, petitioner, acting through Zeve,
waived its rights and pleaded guilty to the lesser included
offense of falsification, a first degree misdemeanor. As part of
its waiver, petitioner agreed “never to conduct Bingo in State of
Ohio and to forfeit property, monies and bingo supplies to a
charity to be selected by agreement of the Court and counsel.”
On February 12, 1987, a judgment entry of conviction and sentence
($2,500 fine) was filed against petitioner. Petitioner paid the
fine and court costs that day. On September 30, 1987, a judgment
entry was filed in petitioner’s case and another case,
distributing their consensually forfeited property among nine
private organizations and the Elyria Police Department.
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