Clayton Luckie
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Clayton R. Luckie II was a Democratic member of the
Ohio House of Representatives The Ohio House of Representatives is the lower house of the Ohio General Assembly, the state legislature of the U.S. state of Ohio; the other house of the bicameral legislature being the Ohio Senate. The House of Representatives first met in ...
, representing the 39th District since his appointment in 2006 until his decision to withdraw from the race for re-election in 2012, culminating with his replacement in January 2013. In August 2012, Luckie announced that he would not seek re-election to this position in the 2012 election, following the news that he was under criminal investigation on an undisclosed matter, one stated only to be "something other than
bribery Bribery is the corrupt solicitation, payment, or Offer and acceptance, acceptance of a private favor (a bribe) in exchange for official action. The purpose of a bribe is to influence the actions of the recipient, a person in charge of an official ...
". In October 2012, it was revealed that Luckie was under investigation by and had surrendered to the
Federal Bureau of Investigation The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and Federal law enforcement in the United States, its principal federal law enforcement ag ...
for
felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "''félonie''") to describe an offense that r ...
and
misdemeanor A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than admi ...
charges involving
political corruption Political corruption is the use of powers by government officials or their network contacts for illegitimate private gain. Forms of corruption vary but can include bribery, lobbying, extortion, cronyism, nepotism, parochialism, patronage, influen ...
, including misuse of campaign funds and theft in office. The two candidates that were seeking Luckie's current House of Representatives position were
Fred Strahorn Frederick W. Strahorn (born March 20, 1965) is an American Democratic Party (United States), Democratic politician who served in the Ohio House of Representatives, representing the 39th District, which consists of much of Dayton, Ohio. He served ...
(Democrat), a former state senator, and Jeff Wellbaum ( Republican), a decorated
Iraq War The Iraq War (), also referred to as the Second Gulf War, was a prolonged conflict in Iraq lasting from 2003 to 2011. It began with 2003 invasion of Iraq, the invasion by a Multi-National Force – Iraq, United States-led coalition, which ...
veteran.Wellbaum Campaign Site
In the November 2012 election, Fred Strahorn won the position, with over 80% of the vote, the voting district in question traditionally being heavily Democratic. Luckie plead not guilty to the charges and was released on bond. It was reported that Luckie suffered an undisclosed health issue while being booked into jail. He was taken a hospital, treated, and released. When asked for a statement by the media, he replied "
no comment ''No comment'' or ''Comment-free'' is a phrase used as a response to journalistic inquiries which the respondent does not wish to answer. Public figures, such as celebrities and politicians, may decline to comment on issues they are questioned or ...
". Despite not having attended any state functions since July 9, 2012, Luckie continued to receive a paycheck as he waited out his final months in office. A number of officials had called for his resignation. Had Luckie resigned, a placeholder would have been required to fill his position, as the elected Strahorn was not legally allowed to do so until his official term began. On December 20, 2012, it was announced that Luckie would stand trial beginning on January 22, 2013, if no
plea bargain A plea bargain, also known as a plea agreement or plea deal, is a legal arrangement in criminal law where the defendant agrees to plead guilty or no contest to a charge in exchange for concessions from the prosecutor. These concessions can include a ...
could be worked out. His term officially ended on January 7, 2013, with the swearing in of Fred Strahorn. On January 21, 2013, Luckie officially agreed to a plea deal on nine charges. In 2019, Luckie was sentenced to four months in jail after pleading guilty in a mail fraud case described as being part of a federal investigation into a great "culture of corruption" within the city of Dayton.


Background

Luckie graduated from
Chaminade Julienne High School Chaminade Julienne Catholic High School is a private, co-educational, center-city, Catholic high school. It is located in downtown Dayton, in the U.S. state of Ohio, and is owned and operated by the Society of Mary and the Sisters of Notre Dame ...
in
Dayton Dayton () is a city in Montgomery County, Ohio, United States, and its county seat. It is the List of cities in Ohio, sixth-most populous city in Ohio, with a population of 137,644 at the 2020 United States census, 2020 census. The Dayton metro ...
. He then earned an associate degree in economics from
Sinclair Community College Sinclair Community College is a public community college in Dayton, Ohio. History Sinclair Community College is named for David A. Sinclair, a Scottish immigrant and secretary of the Dayton YMCA (1874–1902), who founded the adult training scho ...
and a bachelor's degree from
Ohio State University The Ohio State University (Ohio State or OSU) is a public university, public Land-grant university, land-grant research university in Columbus, Ohio, United States. A member of the University System of Ohio, it was founded in 1870. It is one ...
. After graduating from the
Ohio State University The Ohio State University (Ohio State or OSU) is a public university, public Land-grant university, land-grant research university in Columbus, Ohio, United States. A member of the University System of Ohio, it was founded in 1870. It is one ...
where he volunteered for both his local state representative C.J. McLin and former Speaker
Vern Riffe Vernal G. Riffe Jr. (June 26, 1925 – July 31, 1997) was an American politician and member of the Democratic Party. Riffe served in the Ohio House of Representatives for 36 years, from 1959 to 1995, and served as speaker for 19 years, from 1 ...
, Luckie served as a member of the Dayton School Board from 1996 to 2006. He also worked for National City Bank and then the Montgomery County Community Development Office. He currently serves as Marketing and Sales Director of JEC Paper and Related Products, one of the nation's largest minority-owned companies. Luckie lives in Dayton in the Wright-Dunbar Historic District and is divorced, with two children.


Ohio House of Representatives

While Luckie had initially filed to run for the seat held by term-limited Dixie Allen, his ascension to the Statehouse was expedited when Allen switched to the Republican Party and subsequently resigned her seat to run for
Montgomery County Montgomery County may refer to: Australia * The former name of Montgomery Land District, Tasmania United Kingdom * The historic county of Montgomeryshire, Wales, also called County of Montgomery United States * Montgomery County, Alabama * Montg ...
Commissioner. Although the seat was vacant, Democrats waited until after the 2006 general election to officially seat Luckie, who took his seat on November 14, 2006. He was easily reelected in 2008, as well as in 2010. For the 127th General Assembly, Luckie served as Third Vice President of the Ohio Legislative Black Caucus, as well as treasurer of the OLBC Foundation. For the 128th General Assembly, Speaker of the House
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named Luckie Chairman of the Ohio Controlling Board, and Vice Chairman of the House Education Committee. He also served as OLBC Foundation secretary. In the 129th General Assembly, Luckie was Montgomery County's most senior state legislator, and served on the committees of Education (as ranking member), and Insurance. He also served as a member of the Controlling Board; the Education Management Information System Advisory Board; the Governor's advisory board of Faith-Based and Community Initiatives; the State Regional Alliance Advisory Board; and the Ohio Accountability Task Force.


Initiatives and positions

A former member of the Dayton School Board, Luckie was a key player in
education reform Education reform is the goal of changing public education. The meaning and educational methods have changed through debates over what content or experiences result in an educated individual or an educated society. Historically, the motivations for ...
. He advocated for the benefits of a longer school year, stating it would help students to better retain information. "Many kids lose what they have learned through the year in the summertime. By having a longer school (year) we would keep that review time down." Additionally, legislation that would change district financial reporting requirements from a five-year forecast to a three-year one might also be amended. He said he favored the idea of a five-year forecast because it allows legislators to be able to see how changes to law will affect schools going forward. Luckie has also been an opponent of a plan to allow more
vouchers A voucher is a bond of the redeemable transaction type which is worth a certain monetary value and which may be spent only for specific reasons or on specific goods. Examples include housing, travel, and food vouchers. The term voucher is also a ...
for
charter schools A charter school is a school that receives government funding but operates independently of the established state school system in which it is located. It is independent in the sense that it operates according to the basic principle of autono ...
, stating that he believes allowing for it would dilute the success of all types of schools across the board. Luckie has also voice opposition to allowing charter schools, STEM schools and
Catholic schools Catholic schools are parochial pre-primary, primary and secondary educational institutions administered in association with the Catholic Church. , the Catholic Church operates the world's largest religious, non-governmental school system. In 201 ...
to be provided with public school transportation when those schools schedule to make up "calamity days". He described it as an
unfunded mandate An unfunded mandate is a statute or regulation that requires any entity to perform certain actions, with no money provided for fulfilling the requirements. This can be imposed on state or local government, as well as private individuals or organiz ...
, and has stated that all Democrats would more than likely support the bill if it wasn't for the transportation language. With a bill requiring a
photo ID Photo identification or photo ID is an identity document that includes a photograph of the holder, usually only their face. The most commonly accepted forms of photo ID are those issued by government authorities, such as driver's licenses, ident ...
to cast a ballot passed in three days through the Ohio House of Representatives, Luckie stated that it was the same as a "modern day poll tax". Luckie feels that the legislation could disenfranchise
African American African Americans, also known as Black Americans and formerly also called Afro-Americans, are an Race and ethnicity in the United States, American racial and ethnic group that consists of Americans who have total or partial ancestry from an ...
voters at the polls. After the release of a man who was convicted of a
rape Rape is a type of sexual assault involving sexual intercourse, or other forms of sexual penetration, carried out against a person without consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person ...
he did not commit, Luckie has encouraged the state to conduct more DNA testing, stating too many individuals are found guilty by association or are in the wrong place at the wrong time.


Felony investigation

On October 10, 2012, it was officially revealed that Luckie was under investigation by the Federal Bureau of Investigation and was escorted by F.B.I. agents to jail after turning himself in to their office in
Columbus, Ohio Columbus (, ) is the List of capitals in the United States, capital and List of cities in Ohio, most populous city of the U.S. state of Ohio. With a 2020 United States census, 2020 census population of 905,748, it is the List of United States ...
. Luckie was charged with 45 felony offenses and 4 misdemeanors. The felony charges included Engaging in a Pattern of Corrupt Activity, Theft in Office,
Money laundering Money laundering is the process of illegally concealing the origin of money obtained from illicit activities (often known as dirty money) such as drug trafficking, sex work, terrorism, corruption, and embezzlement, and converting the funds i ...
and
Forgery Forgery is a white-collar crime that generally consists of the false making or material alteration of a legal instrument with the specific mens rea, intent to wikt:defraud#English, defraud. Tampering with a certain legal instrument may be fo ...
. The four misdemeanors were related to the filing of false financial disclosure statements. Had he been convicted on the most serious charge, Engaging in a Pattern of Corrupt Activity, also known as a RICO charge, he faced a maximum of eleven years in
prison A prison, also known as a jail, gaol, penitentiary, detention center, correction center, correctional facility, or remand center, is a facility where Prisoner, people are Imprisonment, imprisoned under the authority of the State (polity), state ...
. Luckie was slated to stand trial beginning on January 22, 2013. Ron O'Brien, prosecutor for
Franklin County, Ohio Franklin County is a County (United States), county in the U.S. state of Ohio. As of the 2020 United States census, 2020 census, the population was 1,323,807, making it the List of counties in Ohio, most populous county in Ohio. Most of its la ...
, had stated that talks for a plea bargain were ongoing, but the state was ready to go to trial should a deal not be worked out. A representative for Luckie, when asked why Luckie had not stepped down from his position, stated that "the presumption of innocence has to be paramount".


Plea deal

On January 21, 2013, Luckie agreed to a deal to plead guilty to seven felonies, one misdemeanor, and an additional count of grand theft, in exchange for the dismissal of the remainder of the charges. On January 22, 2013, he was sentenced to three years in prison, three years on probation and ordered to pay back the salary he took during the time between when he was indicted and when his term ended. He was eligible for early release in six months, depending on his continued cooperation with the F.B.I. investigation. On January 24, 2013, it was reported that Luckie had potentially tried to claim mileage reimbursement for an unused parking pass during the time that he was under investigation and that the Franklin County Prosecutor was weighing the possibility of additional charges after seeking more information. Luckie applied for early release in April 2014, but the request was denied, as it was felt that his actions were "egregious violations of the public trust". Luckie was also barred from running for any public office for five years. In March 2015, Luckie again applied for early release, but the request was again denied by the same judge, who felt that "release at this time would demean the seriousness of the offenses". Luckie's three-year sentence ended in 2016. Following this, Luckie was seen attended a meeting of the board of Dayton Public Schools in which the stabbing of a student attending one of the district's elementary schools was discussed.


Corruption

In 2019, Luckie was one of several public officials indicted in regards to a Federal investigation into a "culture of corruption" in Dayton, Ohio. On July 2, 2019, Luckie plead guilty to a single charge of mail fraud, facing anywhere from 0 to 20 years in prison. In November 2019, Luckie was sentenced to four months in prison followed by three years of supervised release, with the first four months served in home detention. The sentence was said by his attorney to come as a shock to Luckie, who had argued for probation. The judge in the case, Thomas M. Rose, stated that "This is the kind of activity that the community needs protection from. A community cannot tolerate an individual that takes advantage of programs that are set for the purposes of good." The sentence also includes 100 hours of community service, and under the terms of his plea deal, Luckie cannot appeal the sentence. U.S. Assistant Attorney Brent Tabacchi stated that Luckie's being sent to jail in the first conviction in the wider case sends a message. The judge expressed frustration during sentencing, stating that Luckie had a good childhood, a good family life and was a good parent, highly educated with minimal health concerns. Thus, he did not understand why he acted the way he did, other than that he could. On November 26, Luckie wrote a letter requesting a pardon from then-U.S. President
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for his actions, stating "Bottom line. If you care about the minority community this would be a good example to show a pardon" and that "The only thing I was guilty on was not making sure my paperwork was completed. ... Being black in America, you have to do what you have to do to survive." In December 2019, Luckie submitted a motion with the court to stay his sentence and later a motion to grant appeal, alleging that prosecutors withheld information that would have exonerated him. As part of his plea deal, Luckie had waived his right to appeal, except in the case of a claim of ineffective assistance of counsel or prosecutorial misconduct. On January 15, 2020, the appeals court dismissed Luckie's appeal of his sentence as untimely and denied a motion to stay his sentence.


References


External links


The Ohio House of Representatives: Rep. Clayton Luckie (D-Dayton)
''official site''
Project Vote Smart – Representative Clayton Luckie (OH)
profile *''Follow the Money'' – Clayton Luckie
2006
''campaign contributions'' {{DEFAULTSORT:Luckie, Clayton Ohio State University alumni Democratic Party members of the Ohio House of Representatives 21st-century members of the Ohio General Assembly Living people 1963 births Ohio politicians convicted of crimes African-American state legislators in Ohio Politicians from Dayton, Ohio Sinclair Community College alumni 21st-century African-American politicians 20th-century African-American politicians