A former administrator and inspector general at Morton College has withdrawn his federal racketeering claims against the college and its president, among others, even as Morton College continues to sue him for allegedly helping to rig a bid, costing the college more than $1 million.
The ex-inspector general, however, retained the right to resume suing Morton College for firing him after he allegedly complained about alleged misconduct by college leadership, including concerns over the allegedly improper way the Cicero community college hired its athletic director.
On Feb. 1, a Chicago federal judge granted the request from Frank Marzullo, Morton College’s former vice president of Administrative Services and its Inspector General, to withdraw his federal law claims against the college.
In his motion to dismiss those claims under the federal Racketeer Influenced and Corrupt Organizations (RICO) Act, Marzullo said he and his counsel had agreed to withdraw that part of their action “after due consideration.”
Under the judge’s order, Marzullo’s RICO claims were dismissed with prejudice, meaning he is unable to raise them again against any of the defendants.
However, the judge said she would allow Marzullo the opportunity to sue Morton College and the individual defendants in Cook County court, on claims they violated Illinois’ whistleblower protection law, and other counts.
Marzullo had filed suit against Morton College last fall. The complaint names the college as a defendant, along with Morton President Stanley Fields; Anthony Martinucci, a member of the college’s board of trustees; and Joseph Florio, Morton’s Director of Campus Facilities and Operations.
In the complaint, Marzullo asserts the college wrongly retaliated against him for raising concerns about alleged misconduct by Fields, Martinucci and others at the college.
Among other accusations, Marzullo allegedly complained about:
- Alleged misuse of college credit cards by Morton College employees, including some who worked in Fields’ office;
- A $20,000 raise given to Florio, as well as a new vehicle, allegedly purchased by the college; and
- Work allegedly performed by Florio on properties owned by Fields and Martinucci, allegedly on college time.
According to Marzullo’s complaint, the coach was hired to help Martinucci’s daughter obtain a basketball scholarship at a four-year school.
After Marzullo allegedly investigated the hire, college leadership instead accused him of misconduct, and fired him in March 2021.
Morton College asked the federal judge to dismiss Marzullo’s lawsuit in December. In that motion, the college asserted Marzullo’s RICO claims were improperly based on the college’s decision to fire him. The college argued legal precedent forbids RICO claims solely on that basis.
Further, the college asserted Marzullo failed to connect the dots on his claims, as he “fails to allege any relationship between the alleged wrongful acts, instead alleging just a hodgepodge of wrongdoing…”
Further, the college noted some of Marzullo’s other claims actually stem from a lawsuit the college filed against him last summer.
In that complaint, the college accused Marzullo of helping to rig a bid for a construction company to land a $2 million contract to help the college clear a 13-acre parcel of ground.
The college is seeking punitive damages of at least $1 million from Marzullo and others who allegedly helped the contractor secure the bid by allegedly claiming the bid was competitive, when it was not.
That case remains pending in Cook County Circuit Court.
Marzullo has not yet filed a new complaint in Cook County court against Morton College on his whistleblower protection claims.
Marzullo has been represented by attorneys John W. Chwarzynski Jr., of the firm of Hale & Monico, of Chicago, and Edmund P. Wanderling, of North Riverside.
The college has been represented by attorneys Cynthia S. Grandfeld and Michael A. Albert, of the Del Galdo Law Group, of Berwyn.