A grand jury is accusing Mike Foley, Montgomery County clerk of courts, of several crimes including theft in office and unlawfully asking public employees for political contributions, and also with working in concert with a county Municipal Court judge to unlawfully secure public contracts.
>> Teens learn their fate at sentencing in death of Lyft driver
In a 12-count indictment returned Wednesday afternoon in Montgomery County Common Pleas Court, Clerk of Courts Foley is accused of the following:
* Seven felony counts including theft in office, unlawful use of a computer, unlawful interest in a public contract, as well as aiding the abetting in the unlawful interest in a public contract.
* A misdemeanor charge of soliciting political contributions from public employees;
* A misdemeanor charge of engaging in partisan political activity.
According to the indictment, Foley committed the crimes described in the indictment between September 2021 and May 2024.
Foley, elected as clerk in 2018, oversees an office of more than 100 employees and an annual budget of more than $15 million, according to his candidate’s web page. Prior to his becoming clerk of courts, Foley served as an Ohio deputy registrar for 12 years. In that role, he operated the regional bureau of motor vehicles in Huber Heights.
The Cincinnati native moved to the Dayton area in 1996. His career includes helping to launch and operate the initial First Watch restaurants in Montgomery County. He also served as a medic in the Army and Ohio National Guard.
Foley is a graduate of Ohio State University and lives in Oakwood with his wife.
The indictment lists three felony charges against County Municipal Court Judge James Piergies, the presiding and administrative judge for the Montgomery County Municipal Court Western Division, located in Trotwood. Two of those charges accuse him of working with Foley to use their influence to secure the authorization of a public contract. According to the indictment, the two are accused of committing those offenses between April 2021 and May 2024.
Allegations against Piergies relate to his son’s employment, according to Ohio State Auditor Keith Faber.
Piergies has served as a judge since 1995. He earned his bachelor’s degree from Bowling Green State University in 1974 and graduated from the University of Dayton School of Law in 1980. He won re-election in fall 2019.
He is up for re-election in November 2025.
“This matter was completely initiated and investigated by the office of Ohio State Auditor, Keith Faber,” Greg Flannagan, spokesman for Montgomery County Prosecutor Mat Heck Jr. said in a prepared statement.
Heck’s office has not been involved in this case, he said.
The auditor’s office Special Investigations Unit began looking into Foley and Piergies after receiving an anonymous complaint in October 2022 concerning alleged solicitation of campaign contributions from employees and other improper activities by Foley, according to a statement from Faber’s office late Wednesday afternoon.
SIU was appointed to serve as special prosecutor. SIU Special Prosecutor Robert F. Smith signed Wednesday’s indictment.
“As this involves an ongoing investigation, the Auditor of State’s Office will have no further comment at this time,” Faber’s office said.
Comment did come from Niraj Antani (R-Miamisburg) who said Foley and Piergies “must immediately resign their public offices. Upholding the integrity of elected off [sic] holders is of paramount importance,” he said via X, the former Twitter. He also said, via X:
“Rooting out public corruption is incredibly important. No corrupt politician should stay in office. While I believe everyone is innocent until proven guilty, this indictment raises to the level that these officeholders should resign. Citizens in our region deserve ethical public officials.”
Foley and Piergies are to be arraigned in Montgomery County Common Pleas Court on Aug. 15.
We will update this developing story as we learn more.
©2024 Cox Media Group
