“The record is quite clear that Burns did not control the misappropriated funds: the money was never in his possession, nor did he exert any control over it.”

Justice Donnelly, majority opinion

“The General Assembly could have included a ‘control’ element in R.C. 9.39; however, it did not. Instead, the statute applies to public officials

Update: On September 15, 2015, the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

“This case is bigger than just your client’s dispute with White Hat,” Chief Justice Maureen O’Connor said to counsel for the Schools, later commenting it was all about following the money.

On September