State v. Gaul

Milligan, Judge.

We reverse the criminal conviction of the defendant-appellant, Francis E. Gaul, the Treasurer of Cuyahoga County.

We hold that Gaul cannot be convicted of the crime of dereliction in his official duties because (1) the county prosecutor has not charged him with violating statutes making his alleged mismanagement a crime, and (2) the state did not produce any evidence that Gaul failed to safekeep documents evidencing certain risky investments.

We do not suggest that Gaul is blameless in failing to supervise improvident investment activities of his subordinates. The issue here is…