Civil Case Jury orders return of $945,000 plus punitive damages to WC EDA by Donald Poe and Earthright Energy Solar

After nearly 6-1/2 hours of deliberation, at 7:30 p.m., a seven-person Warren County Circuit Court civil case jury ruled in favor of the “Warren Economic Development Authority” (EDA, WC EDA, FR-WC EDA) in its civil liability claim against Donald F. Poe and Earthright Energy Solar LLC (ERE). As noted in our related story on the fourth and final day’s closing arguments and jury deliberations, that was a five-pronged base claim for the return of $945,037 of EDA funds directed to Poe and the solar installation company he headed locally by former EDA Executive Director Jennifer McDonald. On each claim by the EDA against Poe and ERE: fraud, conversion, unjust enrichment, conspiracy, and ultra vires, the jury found in favor of the EDA.

However, according to information received at the courthouse following the verdict the total damages awarded surpassed that base claim as noted it could be in our related story. See:Jury gets EDA vs. Poe/Earthright Energy civil liability case at 1:10 p.m. Thursday afternoon

According to numbers received by Royal Examiner, the jury split the base claim between the two defendants, with Poe charged with $409,812 and ERE hit with $535,225 totaling the $945,037 base claim. Poe was also hit with $25,000 in conspiracy count damages and another $75,000 in punitive damages. In addition to its above compensatory amount, ERE was hit with $50,000 in conspiracy damages and $150,000 in punitive damages. The total award to the EDA is $1,245,037.

The EDA claimed the contracts and payments were illegally authorized by McDonald without the necessary EDA Board of Directors approval, despite some of those checks being co-signed by EDA board members. One of those members, Greg Drescher, testified that he signed one check after being told by McDonald that it was front money that would be returned to the EDA upon ERE achieving anticipated financing on a project the EDA board had been told by McDonald would be done for free in order for ERE to achieve desired tax credits.

Defense Counsel William Ashwell said he would provide additional information on any defense plans regarding possible appeal or other factors in coming days.

It was the EDA’s second civil case win this month. Last week April Petty was ordered to return $125,000 McDonald sent in EDA funds to pay off a mortgage debt on Petty’s home as part of Petty’s 2016 house sale process. McDonald was serving as Petty’s real estate agent in her second job with Campbell Realty, while still EDA executive director. See: Civil Case Jury finds April Petty liable for return of $125,000 to EDA