YOUNGSTOWN — Robert J. Rohrbaugh II, the suspended Youngstown area lawyer convicted a year ago of several offenses in federal court, is asking that his sentence be reduced.

Rohrbaugh was convicted at trial last January of helping a former client with a history of fraud cash a $1.3 million IRS check. Judge Benita Y. Pearson sentenced Rohbaugh in June to 52 months in prison.

Rohrbaugh was allowed to self-report to prison. He is housed in the minimum security Federal Correctional Institution in Morgantown, W.Va., and has a release date of March 13, 2027, according to U.S. Bureau of Prison records.

Rohrbaugh had a law office on Belmont Avenue in Liberty and lived in Canfield. Pearson ordered him to make restitution of $569,938 jointly with his two co-defendants, Brandon R. Mace of the Youngstown area and Terris C. Baker of Canton, for the loss by the IRS.

He was convicted during a six-day trial of conspiracy to commit offenses against the United States, aiding and abetting theft of government property, aiding and abetting false claims against the U.S. and conspiracy to commit money laundering.

His attorney, Samuel Amendolara, filed a motion Dec. 28 asking that Pearson reduce Rohrbaugh’s sentence. The filing notes that Pearson concluded that Rohrbaugh’s offenses warranted an offense level of 25, which carries a sentencing range of 57 to 71 months in prison but the judge selected 52 months “by variance.”

Rohrbaugh “does not possess any criminal history points,” Amendolara stated, referring to a measuring tool in the federal system to classify a person’s criminal history.

The filing states that because of his nonexistent criminal history prior to the offense, a Nov. 1, 2023, amendment to the U.S. Sentencing Commission rules apply to Rohrbaugh.

Under the amendment, Rohrbaugh “would have been entitled to a two-level reduction at the time of sentencing which would have resulted in an adjusted offense level of 23, which carries a sentencing range of 46 to 57 months,” the filing states.

Because Pearson varied downward from the minimum sentence by five months, the “defendant would have been sentenced to 41 months” in prison. “Accordingly (Rohrbaugh) respectfully moves this Honorable Court to modify his sentence to 41 months.”

The sentencing amendment Amendolara referenced addressed several types of changes to the sentencing, including what it called an “adjustment for zero-point offenders.” Among the criteria to qualify are that the defendant “did not use violence or credible threats of violence in connection to the offense” and that the offense did not “result in death or serious bodily injury,” involve a sex offense or “cause substantial financial hardship.”

The amendment references 2021 U.S. Sentencing Commission research showing that zero point offenders “were less likely to be rearrested than “one-point” offenders. Zero-point offenders have a 26.8% chance to be arrested compared to 42.3% for one-point offenders. The research states that was the “largest variation of any comparison of offenders with the same criminal history category.”

Federal prosecutors have not yet responded to Rohrbaugh’s request for a lesser sentence. Prosecutors were granted an extension of their deadline to Feb. 10 to reply.

LAW LICENSE

Meanwhile, on Jan. 8, the Mahoning County Bar Association filed a complaint against Rohrbaugh with the Ohio Supreme Court Board of Professional Conduct asking for Rohrbaugh to be disciplined as a result of his convictions.

The Ohio Supreme Court issued an interim felony suspension of Rohrbaugh’s law license Feb. 15, 2023.

The filing alleges that Rohrbaugh failed to act in the best interest of the company Speed Werks LLC, which he represented in the fraud, and “failed to withdraw from representation of a client when the representation would result in a violation of the Ohio Rules of Professional Conduct or other law.”

Rohrbaugh engaged in misconduct by committing an “illegal act that reflects adversely on the lawyer’s honesty and trustworthiness.” And he engaged in misconduct “involving dishonesty, fraud, deceit or misrepresentation,” the filing states.

The filing asks that Rohrbaugh be disciplined according to Rules for the Government of the Bar of Ohio. The attorneys filing the complaint on behalf of the Mahoning County Bar Association are David Comstock Jr. and J. Michael Thompson.

RESPONSE

Attorney John Juhasz filed a response to the bar association complaint on Rohrbaugh’s behalf, neither admitting or denying most of the facts described in the complaint of the government’s allegations against Rohrbaugh in his indictment. He stated “it is self evident and calls for neither admissions or denials from” Rohrbaugh.

The Rohrbaugh response denies that Rohrbaugh’s conduct is a violation of rules of professional conduct regarding Rohrbaugh’s “truthfulness in statements to others,” committing an illegal act that reflects adversely on Rohrbaugh’s honesty or trustworthiness and denies that he engaged in conduct involving dishonesty, fraud, deceit or misrepresentations.

Rohrbaugh’s response asks that the bar association complaint be dismissed or that Rohbraugh be disciplined according to law if the board finds one or more violations by clear and convincing evidence.