HUNTINGTON -- The man who recently signed statements that he donated stolen money to Marshall and Ohio State universities was convicted 10 years ago of embezzling about $40,000 from a Cabell County bank.

According to federal court documents, former Barboursville resident Shawn Allen Clark, then 20 years old, embezzled the money while working as a teller at the former Huntington National Bank in Milton from March 1998 to October 1998.

He pleaded guilty on April 5, 1999, facing up to 30 years in prison and a $1 million fine. But he was sentenced to serve three days of community confinement close to Columbus, Ohio, and had to repay restitution in the amount of $32,600 and a $1,000 fine. He finished his payments in 2004.

Now Clark is accused of embezzling more than $2 million from his former Cambridge, Ohio, employer, U.S. Bridge. Criminal charges have not been filed, but on Oct. 13, he signed an affidavit stating he had used company money without permission to make $172,500 in donations to the two schools.

In 2008, Clark was hired as the controller for U.S. Bridge. The company's attorney, Richard Rogovin, said legal action is pending against the former human resources director in regard to Clark.

"We have now sued (the former human resources director) for breach of his fiduciary duty as (an) employee by failing to run any kind of background check on Shaun Clark," Rogovin said, adding that the human resources director was terminated in 2009 for insubordination.

Clark is accused of embezzling the funds from the company between March 2008 and September 2009, according to a civil complaint filed in Ohio. According to Rogovin and court filings, Clark used $172,500 to make financial gifts and football-related purchases at Marshall and the Ohio State University.

Rogovin said after it was discovered the money was missing in early October, Clark signed separate affidavits detailing money he sent to Ohio State and Marshall.

The Herald-Dispatch first reported the story in late October 2009, when Rogovin provided documents showing that Ohio State had paid back the $100,000 in donations. He said Marshall and the Big Green Foundation have declined to give back any of the $72,500 Clark had donated.

In the affidavit regarding Marshall, Clark stated he used $72,500 -- money he did not have authority to spend -- to give Marshall $25,000 for an endowment, $25,000 to a general scholarship fund and $22,500 to the athletic department for consideration of use of a luxury box. According to documents provided by Clark's attorney through Rogovin, the donations to Marshall were made by checks and a $15,000 debit card transfer.

Ohio State cut a check for the complete $100,000 once officials were made aware of the affidavits. But Rogovin said officials and attorneys from both Marshall University and the Big Green Foundation have declined to repay any of the funds. The university even contacted the West Virginia Attorney General's Office and had a letter sent in the school's defense.

"Marshall University, perhaps unlike a private corporation, cannot simply return funds. Simply put, as a state agency, Marshall University must establish a legal obligation to remit these funds," stated an Oct. 29 letter from senior assistant attorney general Jendonnae L. Houdyschell.

The letter goes on to say that Clark's purchase of the Thundering Herd seats, no matter where the funds came from, denied the university from selling them to anyone else. Therefore, the attorney general's office suggests the company receive the remaining tickets and rights to the box seats.

The attorney representing Big Green, James R. Bailes of Bailes, Craig & Yon, PLLC, said Dec. 29 that he could not comment on the matter. In early November, Bailes could only say there had been correspondence. Big Green is a nonprofit West Virginia corporation that uses funds to provide scholarships for Marshall's student athletes, Bailes said.

Rogovin said the money given to Ohio State was to the President's Club, which provides the donor with preferred football tickets "for a long time." He said he is discouraged that Marshall has not taken the same route as Ohio State.

"OSU could have taken the same position as Marshall," he said in November. "They didn't. OSU told me they didn't want dirty money, and they didn't want the reputation that goes along with it."

Rogovin said that U.S. Bridge filed suit against the Clark and his wife in Guernsey County Common Pleas Court in Cambridge, Ohio, accusing them of fraud and unjust enrichment in October. He also said the company filed a civil suit for $1 million in unpaid money, punitive damages, interest and legal fees.

According to a filing provided by Rogovin, the Clarks have made restitution of more than $1.4 million. Court documents from Clark's attorney, Diane M. Menashe, show that Clark presented a $65,000 cashier's check upon the sale of a Lexus he allegedly bought with the embezzled money, along with $17,000 from a personal savings account and nearly $4,000 from sales of Ohio State football tickets.

Menashe declined to comment.

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