A report from the Ohio Auditor of State Special Investigations Unit found Dr. Akram Boutros is not criminally liable for taking supplemental bonus payments when he was CEO of The MetroHealth System.
The purpose of the report, commissioned almost two years ago, was to determine if Dr. Boutros criminally deceived MetroHealth in taking bonus payments.
It found that Dr. Boutros’ interpretation of the ambiguous employment contract was not unreasonable, so his actions were not criminal. It also determined the MetroHealth Board of Trustees did not effectively oversee $1.9 million in bonuses that Boutros took, leading to his firing in 2022.
James Wooley, Boutros’ attorney, said the audit clears Boutros of any wrongdoing, and proved MetroHealth was in the wrong for claiming Boutros fraudulently misappropriated or concealed his compensation.
"The MetroHealth board took a compensation dispute, mishandled it, and spun it into a public scandal that destroyed Dr. Boutros’ reputation, livelihood, and even his health," Wooley said in a statement. "This is a man who led MetroHealth to remarkable success, a good man who deserved far better.”
MetroHealth stands by its actions. The system's board of trustees in a statement said the report affirms the board’s action to terminate Boutros, even though it did not find him criminally culpable.
The board said the report was "clear on several key facts," including that Boutros did not share management of the bonus program with the board, and that the board never overtly authorized the bonuses. When confronted with the payment of the unauthorized bonuses, “Dr. Boutros repaid the bonuses, including interest, at a total of $2 .1 million," the statement read.
"These facts make it clear that the board acted properly in terminating Dr. Boutros for cause and recouping millions of dollars in unauthorized bonus payments," the statement continued.
Jason Bristol, also an attorney for Boutros, said he plans to refile the damages case against MetroHealth on behalf of Boutros next week. Boutros dropped the case in December due to a health issue.
MetroHealth is currently negotiating a separation agreement with another CEO it fired. Airica Steed was terminated without cause in August after the board said it lost confidence in her ability to lead the system. Steed disputes those characterizations and has said she is considering legal action.