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The United States Attorney, released the following statement this afternoon:

For some time now, Carl Brizzi has been the target of a federal investigation into
actions taken and decisions made while he was the elected Prosecutor of Marion
County. The inquiry has centered on two cases: State of Indiana vs. Paula
Willoughby and State of Indiana vs. Joseph Mobareki. This investigation of
possible violations of federal criminal law involved, but was not limited to,
allegations of bribery.
While it may be unacceptable for a prosecutor to receive a $29,000 campaign
contribution from the father of a woman who has requested her prison sentence
for murder be modified (Willoughby), or for a prosecutor to have a financial
relationship with a criminal defense lawyer while determining what plea bargain
should be extended to a client of that same defense lawyer (Mobareki), the
criminal law requires more to support a conviction.
As the United States Attorney, I must determine that there is sufficient admissible
evidence to prove a federal crime beyond a reasonable doubt prior to authorizing
criminal charges.
The federal criminal investigation and prosecution of David Wyser for bribery
produced no direct evidence from any witness – including David Wyser – that any
individual other than Wyser was responsible for a sentence modification for Paula
Willoughby.
Likewise, the federal criminal investigation and prosecution of Paul Page for bank
fraud in relation to the Elkhart property produced no direct evidence from any
witness – including Paul Page – that the proceeds Mr. Brizzi received from the
Elkhart transaction influenced the decision to give Paul Page’s client Joseph
Mobareki an unusual plea bargain.
Because neither Paul Page, nor David Wyser, nor any other witness has provided
direct evidence that Mr. Brizzi received a bribe in connection with the
Willoughby matter or the Mobareki plea bargain, I have determined that there is
not sufficient evidence to prove beyond a reasonable doubt that Mr. Brizzi
committed the crime of bribery and sustain a conviction.
However, under the Indiana Rules of Professional Conduct, the U.S. Attorney’s
Office is obligated to report Mr. Brizzi’s alleged misconduct in the Willoughby
and Mobareki matters. I have instructed that this office provide the evidence
gleaned from this investigation to the Department of Justice’s Office of
Professional Responsibility for their determination on whether the alleged
misconduct should be referred to the Indiana Supreme Court Disciplinary
Commission.