CLEVELAND, Ohio -- A federal judge declined to dismiss corruption charges against outgoing Summit County Councilwoman Tamela Lee, after the councilwoman argued that a recent U.S. Supreme Court decision says the majority of the acts for which she is charged are not criminal.

The FBI arrested Lee and three others in December 2015 following a grand jury indictment. Federal prosecutors say she accepted cash, loans, campaign contributions, home improvements, cigarettes and other gifts from co-defendant Omar Abdelqader, who is affiliated with several area convenience stores, including some Bi-Rites. In exchange, Lee is accused of offering favorable treatment to Abdelqader and his family.

U.S. District Judge Christopher Boyko wrote in a decision filed Monday that federal prosecutors sufficiently alleged that Lee's promises and actions could qualify as parts of schemes to perform "official acts," a legal standard prosecutors must follow to bring corruption charges against the councilwoman.

Boyko wrote that it was for a jury to decide whether Lee agreed to perform "official acts" at the time she made the agreements or whether she received money or an item with the expectation that she would give favorable treatment in return.

(You can read the judge's order here or at the bottom of this story.)

Prosecutors said Lee, 58, used her position within the government to benefit Abdelqader and others in exchange for money. This included obtaining a liquor permit for one of the stores.

Abdelqader has pleaded not guilty.

In seeking dismissal, Lee relied on McDonnell v. U.S., a Supreme Court decision from June that overturned a corruption conviction against former Virginia Gov. Bob McDonnell. The court ruled that an officeholder's "official acts" such as setting up meetings for constituents, talking to another official about a friend or making a speech, usually are not criminal, even in the case of an official accepting gifts or money from the person seeking the favors.

Lee argued that her case should be dismissed, in part, because the law says the charges should only stand if she was trying to influence public officials over which she had an authority or leverage. Boyko did not buy that argument.

Samir Abdelqader, Omar Abdelqader's nephew, pleaded guilty and was placed on probation for his role in the case. Abdelrahman Abdelqader, Samir Abdelqader's father, is also charged and has pleaded not guilty.

Lee, once a Summit County Democratic Party leader, was appointed to the council in 2011 and elected in 2012. She lost a March primary election to David Hamilton.

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