YOUNGSTOWN — Raymond Briya — a key witness in the corruption cases against ex-Youngstown Finance Director David Bozanich and developer Dominic Marchionda — admitted he illegally provided financial benefits to the former, and received some benefit from the latter.

Briya, the former chief financial officer for MS Consultants Inc., pleaded guilty in September 2019 to five felonies and is cooperating with prosecutors in the cases against Bozanich, Marchionda and 10 of Marchionda’s affiliated companies. He’s also helping prosecutors in the case of former Youngstown Mayor Charles Sammarone.

Briya testified Wednesday for about two hours and 15 minutes during the fifth and final day of a hearing in front of Mahoning County Common Pleas Court Judge Maureen Sweeney.

She will rule on whether to dismiss some or all of the charges in a 101-count indictment against the defendants.

The defendants’ attorneys are trying to get the case thrown out — or at least some of the charges — for violations of attorney-client privilege, exceeding the statute of limitations and for duplicity, meaning some of the accusations are listed in more than one count.

At a Jan. 31 hearing, it appeared that pros­­­ecutors agreed that some br­ibery accusations against Bozanich related to Briya happened at the same time. That could lead to the dismissal of at least one bribery count.

CORRUPTION

Of the five felonies Briya pleaded guilty to, two were attempted bribery in which he admitted he gave more than $100,000 in cash, meals, gifts and golf benefits to Bozanich over a decade, and at least $9,000 in cash to Sammarone to “corrupt” them in their official capacities with the city.

A tampering with records conviction alleges Briya provided a false invoice on or about Oct. 6, 2011, for Marchionda’s Erie Terminal Place project. This was to allegedly allow Marchionda to pay off part of a $170,000 debt he owed to MS for his Flats at Wick student-housing project with Marchionda giving Briya an undisclosed benefit once the debt was paid.

A grand theft conviction is for Briya taking between $75,000 and $150,000 from MS, without the company’s knowledge, over a 15-year period to bribe public officials. An obstructing justice conviction is for Briya lying on or about Oct. 27, 2017, to a grand jury about the Marchionda invoice.

Briya testified Wednesday that he was a co-owner of Exal Leasing. Bozanich helped Exal Leasing get a $1.7 million city loan in 1993. The leasing company charged money to the Exal Corp., a can and bottle business at 1 Performance Place.

On Dec. 31, 2001, the Exal Leasing property was transferred to Exal Corp. with Briya testifying he received more than $765,000 from the sale.

He said Bozanich sought a $100,000 kickback, but didn’t want it until five years later.

FOUR PAYMENTS

Briya testified he used an MS American Express card, without his company’s knowledge, to make four payments totaling $100,000 to Bozanich between June 2006 and December 2008. The money went to a travel agency co-owned by Bozanich.

Ralph E. Cascarilla, Bozanich’s attorney, questioned if Briya was “trying to find a place to park money” he was “embezzling from MS.” He also questioned Briya’s testimony about Bozanich supposedly waiting years for the money.

John F. McCaffrey, Marchionda’s attorney, asked Briya about allegedly creating a false invoice for his client after the former MS official said he had forgiven more than $100,000 Marchionda owed the company as “bad debt.”

The indictment alleges Marchionda misspent at least $600,000 in city funds on personal items in addition to misusing city, state and federal money for the Flats at Wick, Erie Terminal Place and Wick Tower downtown-housing projects.

Testifying for the second time in this hearing was Phillip Beshara, former president of B&B Contractors and Developers.

During Wednesday’s hearing, Beshara flat out said he bribed Bozanich with $20,000 in cash between February and April 2009. The indictment alleges Beshara did it so Bozanich would give a city water grant to Marchionda for the Flats at Wick project.

During cross-examination from Cascarilla, Beshara said he took kickbacks from three companies in order for them to get work from B&B.

Beshara isn’t under federal investigation for his alleged criminal conduct in this case, said Dan Kasaris, a senior assistant attorney general who is the lead prosecutor.

Beshara also said he has a deal with state prosecutors that they won’t file criminal charges against him in this case if he tells the truth.

But he admitted when he testified Jan. 24 that he’s under FBI investigation for embezzling $1 million to $2 million from B&B for the alleged kickbacks.