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Former Washington County DA sued over alleged fraudulent business scheme

By Gideon Bradshaw for The 4 min read
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A former Washington County district attorney is entangled in lawsuits by investors in an allegedly fraudulent business scheme, who claim his former clients induced some two dozen people to part with their savings.

The most recent case was filed in federal court Wednesday by Darren Burrow, a steel fabrication plant manager from Guernsey County, Ohio.

The suit contended Burrow gave Alternative Energy Holdings, a limited liability company, $100,000 from his retirement account in 2017. Similar to lawsuits filed recently by other investors, BurrowĢƵ claims he was guaranteed fast and lucrative returns on his investments in AEH – which had addresses in Ohio and Florida – but has yet to see any of that money.

Attorneys for Burrow, one of at least 23 total investors in AEH who purportedly never got their money back or saw returns, accused AEH manager Jonathan Freeze of Geauga County, Ohio, and chief executive officer Kevin Carney of Robinson Township, Allegheny County of failing to follow through on provisions of a membership agreement.

The suit also names two Washington County lawyers – Steve Toprani, who was district attorney from 2008 to 2012, and his colleague Michael Hammond – who represented AEHĢƵ officers for a time.

The filing accuses Toprani and Hammond of failing to disclose “red flags” – including FreezeĢƵ run-ins with the Financial Industry Regulatory Authority (FINRA), CarneyĢƵ 2016 guilty plea to charges of grand theft and forgery in Ohio, and signs of fraud on the part of AEH – that “a reasonable attorney in the same circumstances” would have discovered.

The filing alleges that Burrow was supposed to get back his investment, plus $20,000, two months after he wrote a cashierĢƵ check for $100,000. He allegedly handed over the money at the recommendation of Freeze, his longtime financial adviser.

“Plaintiff Burrow did not receive the payments promised in the AEH Note at the end of the (60-)day period,” wrote his attorneys, “nor has he received any payments to date relating to his investment in the AEH Note, despite repeated requests to (Freeze).”

The same month Burrow turned over most of his retirement savings, Freeze, who was a registered stockbroker for more than two decades, agreed to a permanent ban from the securities industry, the suit stated. He refused to cooperate with an investigation by FINRA, a body set up in an attempt by the securities industry to police itself.

BurrowĢƵ suit alleged Carney and Freeze told him his investment would be “seed money” for operations to fund alternative energy plants. The filing also contended Burrow was told AEH had “fuel contracts ‘worth millions of dollars’ with some of the worldĢƵ largest energy companies, including BP, and that he would be repaid from the ‘up front’ payments by those companies.”

BurrowĢƵ lawyers, however, believe the contracts never existed and wrote that AEH is now classified by the state of Florida as being in “administrative dissolution.”

When investors started asking about payments in 2017, the suit alleged Carney began providing periodic “updates” to placate them. Meanwhile, Toprani and Hammond allegedly helped to assure clients that AEH was legitimate. Investors like Burrow now also accuse the lawyers of intimidating them by threatening legal action against investors.

Toprani, on Friday, said he believes the allegations made by Burrow and four others who have named him in similar suits are “materially false.”

Asked about specifics of the allegations, Toprani said he had to be careful about confidentiality when discussing former clients. He said he was “not familiar with Mr. FreezeĢƵ background.”

As for Carney, Toprani said “I really can’t speak to that relationship at this point, but I’m not familiar with him.”

He said he hadn’t “represented any of the parties” in the lawsuits in “probably at least two or three years.”

The suit also names Dodaro, Matta & Cambest, the firm where Toprani and Hammond were working, and DMC Bradley, a joint venture of DMC and another Canonsburg law firm, as defendants.

Toprani left DMC in the spring and became general counsel for W.G. Tomko. He said his departure was a matter of pursuing different opportunities and unrelated to events at issue in litigation.

The other suits that have been filed name the same defendants as BurrowĢƵ does, plus Robert Irey, another manager of AEH and ex-husband of Washington County Commissioner Diana Irey Vaughn.

Those suits contend Irey and Freeze solicited neighbors to invest in their company when they lived in the same Canonsburg apartment building.

Irey didn’t return a message left at his company, the Irey Group. Valid phone numbers for Carney and Freeze couldn’t be located immediately Friday.

Joseph Luvara, the Pittsburgh attorney representing Toprani, Hammond, DMC and DMC Bradley, didn’t return a message Friday.

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