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The Attorney General of Ohio brought a civil suit against
petitioner, Zeve, Popovic, and Wilkens on May 11, 1987. Climaco
signed the answer filed on behalf of all four defendants in the
civil suit.
The Attorney General settled the civil case with Zeve for
$20,000, and received full payment. The Attorney General settled
the civil case with Popovic for $37,5006 but had not received
anything on account of the settlement by the time of the trial in
the instant case. The Court of Common Pleas found that Wilkens--
delegated authority to the Defendants Nick Popovic and
Ernest L. Zeve to operate the bingo games on behalf of
the Defendant. Variety Club Tent No. 6 Charities,
Inc., that he was president of the Defendant; that he
relied on the accuracy of their reports, and that he
was as careful in the discharge of his duties in
overseeing the operation of the games as any reasonable
president of a sponsoring organization would be under
the circumstances then and there prevailing.
The Court of Common Pleas thereupon rendered judgment for
Wilkens.
As to petitioner, the Court of Common Pleas found that the
receipts from the bingo games that petitioner conducted at the
Elyria Hall were underreported, and that “the receipts from the
games available to be distributed to charity is $131,505”, and
ordered petitioner to pay that amount to the Clerk of Courts.
6 So stipulated. The judgment entry in the Court of
Common Pleas, filed Dec. 5, 1991, noted the settlements and
ordered Zeve and Popovic each to pay $20,000.
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