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Frank Mrvan

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via: southbendtribune.com

Braun appointee with ethics fine could face scrutiny from Indy prosecutor

Editor’s note: This story was updated to add information.

The state Inspector General's Office has forwarded its investigation of former Gov. Mike Braun appointee Jennifer-Ruth Green to the Marion County Prosecutor's Office after the agency found she directed state employees to post on her campaign page during work hours, among other ethics violations.

It's unclear if the prosecutor's office intends to file charges against Green, who admitted to violating state ethics law in a settlement approved unanimously Dec. 18 by the Indiana State Ethics Commission.

Prosecutor Ryan Mears' office didn't respond to IndyStar's question about whether they planned to file charges against Green but a spokesperson for the office said generally speaking, a settlement wouldn’t preclude someone from potential prosecution.An attorney for Green, who is running for congress in Northwest Indiana, signaled the matter is in the hands of the prosecutor's office.

"That's up to Ryan Mears," said attorney Jennifer Lukemeyer of prominent criminal defense firm Voyles Vaiana Lukemeyer Baldwin & Webb, when asked by IndyStar if the Marion County Prosecutor's Office could still pursue charges against Green.

Elaine Vullmahn, chief counsel for the inspector General's Office, said its investigation found there was probable cause that Green, who resigned in September, violated four sections of the Indiana Code of Ethics, the political activity rule, the ghost employment rule, the misuse of state property rule, and the retaliation rule.

Vullmahn said the OIG was "mandated to certify the discovery of potential criminal activity" to the Marion County Prosecutor's Office. That could include a potential violation of the official misconduct statute.

"It is the OIG's understanding that the Marion County Prosecutor's Office will be reviewing investigative materials and render a decision at the conclusion of their review," Vullmahn said.

The state's investigation found Green, for example, directed state workers to make more than 50 posts to her campaign Facebook page, had a meeting with a Republican political group on work time, directed an employee to use her state car to perform personal errands and engaged in alleged retaliation against an employee who reported the matter to the Inspector General's Office.

"The OIG concluded these were not isolated incidents but rather a sustained pattern of behavior," Vullmahn said, which she said has had an "impact on public trust."

Green has agreed to pay a $10,000 fine to the state as part of the settlement.

'Mistakes' or witch hunt?

Green, who it appears is continuing her run for Congress in the 1st Congressional District against Democrat U.S. Rep. Frank Mrvan, took multiple approaches in responding to the incident on Dec. 18.

Though she did not personally attend the ethics commission meeting, Lukemeyer, her attorney, read a brief statement where she expressed contrition and called the violations "mistakes," but said they were not made with "any malicious intent."

In her statement, she "humbly" requested that the ethics commission approve the settlement, which they shortly thereafter approved unanimously.

However, hours later, Green's political campaign released an unsigned statement calling the settlement a "major legal victory" after a "politically motivated sham of an investigation."

Green's campaign compared her case to the federal government being "weaponized against President Trump."

"The OIG completely caved for a settlement to save face with the Ethics Commission and then tried to use today's forum to smear Jennifer-Ruth again - claiming they backed off more serious charges because the prosecutor's office was handling," according to the unsigned statement from the campaign. "The Office of the Inspector General knows full-well they brought a completely junk case."

Contact senior government accountability reporter Hayleigh Colombo at [email protected] or follow her on X@hayleighcolombo.