In a memorandum filed this past week, Thomas’ attorney Andrew P. Avellano has asked Chief Judge Algenon L. Marbley of the U.S. District Court’s Southern District of Ohio to consider Thomas’ age and health issues, among other things, when he sentences Thomas on Friday.

Thomas, 63, pleaded guilty to mail fraud in August after he was accused of defrauding an elderly client of his former law firm while serving as her power of attorney, taking her money without her knowledge or permission and using it for his own benefit.

The fraud occurred from 2012 to 2019. The indictment against Thomas stated he improperly used his power of attorney and status as a lawyer, even after his law license was revoked in 2015 to convince banks, life insurance companies and other organizations to transfer the client’s money for his use.

Avellano wrote in his memorandum that Thomas misappropriated a significant sum of money over the course of several years. As part of his plea agreement, Thomas agreed to pay at least $882,502 in restitution. Avellano wrote that Thomas had known the victim for many years and “truly cared about her well-being.”

“Because she was well-off financially, and they were friends, Mark wrongly thought she would be “ok” with him borrowing some money from her,” he wrote. “He intended to pay the money back, but quickly found himself in over his head. He was ashamed and lacked the courage to come forward and ask for help, before things spiraled further out of control. Mark has accepted responsibility for his actions and has made no excuses for his behavior.”

In asking for a 51-month sentence, Avellano said Thomas’ crime was neither violent nor involved illegal narcotics. Avellano added that the quicker Thomas gets out of prison, the quicker he can start paying meaningful restitution to the heirs of his victim.

Avellano asked for major consideration for Thomas’ age and physical condition. At 63, Avellano said Thomas would be unlikely to commit another crime. Thomas’ health issues also come into play.

“Unfortunately, Mark has a number of serious health problems,” Avellano wrote. “One of his conditions was addressed years ago, through numerous surgeries, but still acts up and contributes to other health problems he has.”

Avellano concluded that, until Thomas committed this offiense, his life was one of public service to his community. He also served as a Belmont County Commissioner, among other roles.

“Something went wrong with Mark, something beyond the simple explanation of “greed,” as the Government contends,” Avellano wrote. “Mark did not take the monies to live an extravagant lifestyle. He was hurting financially and wrongly thought he could borrow money from an old friend. He never intended to hurt her and always intended to pay her back.”

In 2021, Thomas ran unopposed for the St. Clairsville City Council’s 3rd Ward seat and was elected. He served in that role until his August 2022 resignation following his guilty plea.