Canfield family can move back into home during probe

By Elise Franco

CANFIELD — Scott Adair and his family are allowed to return to their township home but not without a price.

Judge Scott Hunter of Mahoning County Area Court in Canfield ruled Friday that the family can move back into the Revere Run Road home but must pay a $500,000 bond, according to a court document. The total market value of the property is listed by Mahoning County as $284,300.

The decision came just two days after Judge Hunter heard a petition from Adair, 48, asking for permission to return to the home. In the ruling, the judge states that depriving the family of access to the home will cause hardship and homelessness.

“Homeless refers to one who ... lacks a fixed, regular and adequate nighttime residence,” according to the document.

Damian Billak, one of the family’s two attorneys, said everyone is pleased with the ruling but noted the case is not over.

“We look forward to meeting any other upcoming challenges, presenting the Adairs’ defense and vigorously fighting these false accusations,” he said.

Austintown police seized the property and possessions June 12 as part of an investigation into alleged embezzlement from Adair’s former employer.

Austintown Police Chief Bob Gavalier said Friday the investigation is ongoing, and the department is unable to release any new details about the case.

According to a document filed June 12 by the Mahoning County Prosecutor’s office, more than $1 million was embezzled from Southwind Transportation Inc., Mahoning Avenue, Austintown.

Austintown Detective Kathy Dina said at the time of the seizure the police department had been investigating the allegations for about six weeks. Dina said the alleged embezzlement had taken place since 2000, and possibly earlier.

The department had to seize the house and possessions because it’s believed they may have been purchased with some of the corporate funds, Dina said.

Adair, a partner, was fired in October 2007, the court document said. The company has since gone out of business.

His business partner, Ric Barringer, filed a lawsuit against Adair in March. Charges included misappropriation of corporate assets to personal use, breach of contract, fraud and negligence.

The judge’s decision states that no clear evidence was found to prove the home was purchased with proceeds derived from the commission of an offense. Also, the home is not contraband, or property for which possession alone constitutes a criminal offense, the judge noted.

“Further there is no real dispute as to whether, as longtime residents and family people they have ... sufficient ties to the community to provide assurance that the property will be available at the time of trial,” the document states.

The Adairs’ return home isn’t necessarily permanent. The ruling states that the court can issue an order to vacate without giving notice “if the prosecutor demonstrates that the property is subject to forfeiture and that giving notice and a hearing will jeopardize the availability of the property for forfeiture.”

Ken J. Cardinal, an assistant county prosecutor, was not available to comment Friday afternoon.

efranco@vindy.com