Former Judge Conahan Ends Up in Florida Prison

Here's a link to a November 17, 2011 article by Dave Janoski in the Citizen's Voice reporting on former Judge Conahan landing in a federal prison near Orlando, Florida:


http://citizensvoice.com/news/conahan-sent-to-florida-prison-1.1233531#axzz1dzQQIedP

Conahan and Toole No Longer Have Law Licenses

Here is a link to a November 15, 2011 article in the Times Leader confirming that former Judge Michael Toole's law license has been suspended and that former Judge Michael Conahan relinquished his law license.  Former Judge Mark Ciavarella is officially listed as retired:

http://www.timesleader.com/news/Pennsylvania_top_court_suspends_Toole_rsquo_s_license_11-15-2011.html


Meanwhile other local reports indicate that former Judge Conahan has been moved from the Philadelphia Detention Center where he has been housed since his sentencing.  According to the Federal Bureau of Prison, Conahan is listed as "in transit."  It is anticipated that future news reports will reveal where he has been transferred to in order to serve out his sentence.

Powell Gets 18 Months at Sentencing

Here is a link to a November 5, 2011 article from the Times Leader by Terrie Morgan-Besecker outlining the sentence handed down by Federal Middle District Court Judge Edwin Kosik on November 4, 2011 to former attorney Robert Powell for his guilty plea conviction for his role in the Luzerne County matters:

http://www.timesleader.com/news/It_rsquo_s_18_months_for_Powell_11-05-2011.html?searchterm=Powell

Powell, 53, was sentenced to 18 months in prison and fined $60,000.  He was ordered to present himself to prison at the end of this month to begin his sentence.


Here is a link to the letter Powell wrote to Judge Kosik prior to sentencing:

http://www.timesleader.com/news/Powell_rsquo_s_letter_to_the_judge_11-05-2011.html?searchterm=Powell

Former Luzerne County Judge Michael T. Conahan Sentenced to 17.5 Years in Prison

On Friday, September 23, 2011, former Luzerne County President Judge Michael T. Conahan, 59, was sentenced by Federal Middle District Court Judge Edwin M. Kosik to 210 months, or 17.5 years,  in federal prison for his part in the Luzerne County judicial scandal.  Conahan pled guilty to his crimes and received a sentence of almost 10 years less than co-Defendant, former Luzerne County Judge Mark A. Ciavarella.
 
Kosik additionally ordered Conahan to pay more than $874,000 in restitution, along with other fines. Judge Kosik also recommended that Conahan be sent to a prison in Delray Beach, Florida "not for convenience" but so that his family can be in close proximity
 
Before the sentence was handed down, Conahan sat as he read a prepared statement accepting responsibility for his actions and apologizing to all of those he harmed.  He told the court, "...the system was not corrupt.  I was corrupt."
 
Here's a link to a September 23, 2011 article from the Times Leader on Conahan's sentencing:  http://www.timesleader.com/news/Conahan-sentenced-to-.html
 
 

Update on Luzerne County Matters

Former Luzerne County Judge Mark Ciavarella has been transferred and settled into a medium security federal prison in Illinois.  Here's a link to an article on that topic by Terrie Morgan-Besecker in the September 14, 2011 Times Leader: 

http://www.timesleader.com/news/Ciavarella_moved_to_Illinois_prison_09-14-2011.html?searchterm=Ciavarella


Former Luzerne County Judge Michael Toole is being housed in a minimum security prison in Minnesota.  Here is a link to a May of 2011 Citizen's Voice article on that topic:

http://citizensvoice.com/news/former-judge-michael-t-toole-reports-to-minnesota-federal-prison-1.1140761#axzz1Y7Q0BJ5F


Former Judge Michael Conahan is scheduled to be sentenced next Friday, September 23, 2011.  No sentencing date for former attorney Robert Powell has been scheduled yet.

Former Judge Conahan to be Sentenced on September 23, 2011

Former Luzerne County Judge Michael T. Conahan will be sentenced by Federal Middle District Judge Edwin M. Kosik on corruption charges on Sept. 23 at 9:30 a.m. in the Federal Courthouse in Scranton.

Conahan pleaded guilty last year to a federal racketeering charge that carries with it a maximum possible sentence of twenty years in prison.

Atty Robert Powell Concludes Testimony At Ciavarella Trial; Prosecution Not Likely to Call Former Judge Conahan

Here's are articles from today's Scranton Times-Tribune and/or Wilkes-Barre's Times Leader by Dave Janoski and/or Michael R. Sisak outlining the remainder of Attorney Robert Powell's testimony and regarding Powell's current status:

http://thetimes-tribune.com/news/powell-says-judges-relentlessly-pursued-him-1.1103478


http://thetimes-tribune.com/news/mired-in-debt-powell-no-longer-a-lawyer-or-wealthy-1.1103331#axzz1Df3eY3Rg


Here's an article from the Times Leader by Michael R. Sisak reporting that the prosecution is apparently electing not to call former Judge Michael Conahan as a witness at the trial:

http://citizensvoice.com/news/conahan-considered-liability-for-prosecution-1.1103280#axzz1Df4Ypi1Q

The Alleged Case Against Ciavarella

Former Luzerne County Judge Mark Ciavarella's trial starts on Monday Februrary 7, 2011. Here's a link to a February 6th Times Leader article by Terrie Morgan-Besecker outlining the alleged case against him:

http://www.timesleader.com/news/It_rsquo_s_been_two_years_and_12_days_si_02-06-2011.html

Trial of Former Luzerne County Judge Ciavarella Set to Begin Next Week

Here's a link to a Scranton Times Tribune article by Dave Janoski providing a preview of the testimony expected at the trial of former Luzerne County Judge, Mark A. Ciavaella. The article notes that it is expected that Attorney Robert Powell and former Judge Michael Conahan will be called as witnesses.

Here's the link:

http://thetimes-tribune.com/news/feds-say-mericle-testimony-will-admit-gifts-cash-to-ciavarella-1.1099945

Article Reports Conahan May Testify Against Ciavarella

Here's a link to a October 28, 2010 Times Leader article by Terri Morgan-Besecker reporting that former Luzerne County Judge Michael Conahan may testify against former Luzerne County Judge Mark Ciavarella:

http://www.timesleader.com/news/105946308.html

Ciavarella Re-Indicted In Luzerne County Judicial Scandal Case

According to a September 29, 2010 article in the Legal Intelligencer by Leo Strupczewski entitled "Grand Jury Re-Indicts Ciavarella in Luzerne County Fraud Case," in response to the recent United States Supreme Court decision overruling the honest services fraud statute, a federal grand jury has handed down a superseding indictment against former Luzerne County Common Pleas Judge Mark A. Ciavarella Jr.

Under the new indictment and with the removal of the honest services charges and certain tax fraud charges, the number of charges against the former Luzerne County judge has been reduced from 48 to 39.

The new indictment still charges Ciavarella with fraud, racketeering, money laundering, and tax violations. The indictment further alleges that Ciavarella received "millions of dollars in illegal payments," along with fellow former Luzerne County Common Pleas Judge Michael T. Conahan.

The indictment seeks forfeiture of more than $2.8 million, which was allegedly the amount of money generated as a result of the judges' criminal activity.

On a related note, although he has previously pled guilty, former Judge Conahan has yet to have his sentencing date set.


Here's a link to a Times Leader article on this developing story:

http://www.timesleader.com/news/Ciavarella_facing_new_indictment_09-29-2010.html

Civil Case for Luzerne County Juveniles Streamlined by Recent Court Rulings

Recent rulings by Federal Middle District Court Judge A. Richard Caputo have streamlined the claims presented in the cases being pursued on behalf of the juveniles that were allegedly impacted by the Luzerne County judicial scandal.

Here's a link to an August 28, 2010 article by Mark Guydish of the Time Leader on the topic: http://www.timesleader.com/news/Cefalo_agrees_with_juvie_dismissal_ruling_08-27-2010.html

The article notes that former judges, Ciavarella and Conahan, remain party defendants but they are largely protected by judicial immunity.

Conahan Enters Formal Plea of Guilty; Ciavarella Forges Ahead in His Own Defense

On July 23, 2010, former Luzerne County judge Michael T. Conahan entered a formal plea of guilty and, when asked point blank by Federal Middle District Judge Edwin Kosik, admitted on the record that certain charges being brought against him were "substantially correct."

Conahan is facing up to 20 years in prison, fines, and restitution orders. Judge Kosik gave no indication as to what the sentence would be an referred the matter to a pre-sentencing investigation in that regard.

So far, there has been no confirmation as to whether Conahan will be testifying against former judge Mark Ciavarella in the other related criminal case.

To review the various articles by Terrie Morgan-Besecker, Jerry Lynott, and Jennifer Learn-Andes on this topic from the July 24, 2010 Times Leader newspaper, which are the sources for this post, click on these links:

http://www.timesleader.com/news/Conahan_pleads_guilty_to_plot_07-23-2010.html

http://www.timesleader.com/news/Ciavarella_not_swayed_by_Conahan_07-23-2010.html

http://www.timesleader.com/news/Mericle_rsquo_s_role_in_scandal_begins_to_loom_larger_07-23-2010.html

Ciavarella and Conahan Pre-Trial Motions Denied

In two Orders handed down yesterday, July 6, 2010, Judge Edwin M. Kosik of the Federal Middle District Court denied pre-trial Motions filed by former Luzerne County judges Mark Ciavarella and Michael Conahan in the federal criminal case. The Order primarily affects Ciavarella since Conahan previously pled guilty.

In his Order, Judge Kosik denied Ciavarella's motion for a change of venue as well as the motion for Judge Kosik's recusal, i.e. a request that Judge Kosik not handle the case. The Order also denies Ciavarella's efforts to keep the taped recordings of the former judge and his co-Defendants from the jury.

Ciavarella awaits trial on the 48 criminal counts levied against him.

Here's a link to the July 6, 2010 Times Leader article by Terri Morgan-Besecker entitled "Judge Denies Motion To Dismiss Indictment Against Conahan and Ciavarella: http://www.timesleader.com/news/hottopics/judges/Judge-denies-motion-to-dismiss-indictment-againt-Conahan-and-Ciavarella.html


Here are links to Judge Kosik's Orders-

Memorandum and Order Denying Motion to Dismiss: http://media.timesleader.com/documents/Dismissal_ruling1.pdf


Memorandum and Order Denying Recusal Motion: http://media.kjonline.com/documents/Recusal_ruling1.pdf

U.S. Supreme Court Limits Honest Services Fraud Statute

In the case of Skilling v. United States, the United States Supreme Court limited the extent of the "honest services" fraud statute. That statute bars schemes designed "to deprive another of the intangible right of honest services."

In its ruling, with the majority opinion being written by Justice Ruth Bader Ginsburg, the Court narrowed the scope of the "honest services" criminal fraud statute to only properly cover bribes and kickbacks, rather than the wide range of illegal and/or questionable activities prosecutors have been using the law to punish allegedly less than honest defendants. Five concurring opinions were written and Justice Clarence Thomas dissented.

A copy of the Supreme Court's Opinion in Skilling can be viewed by clicking this link: http://www.supremecourt.gov/opinions/09pdf/08-1394.pdf.

The impact of this decision on the prosecutions and investigations in the political and judicial scandals across the Commonwealth of Pennsylvania remains to be seen. Here is a link to an article by Dave Janoski of Scranton's The Times Tribune on how this decision may impact the ongoing political and judicial prosecutions and investigations in Northeastern Pennsylvania: http://thetimes-tribune.com/supreme-court-decision-raises-hurdles-for-prosecuting-corruption-cases-1.863589.

Transcripts of Portions of Wiretaps from Luzerne County Judicial Scandal Released

In the May 12, 2010 Wilkes-Barre newspaper, the Times Leader, there are several articles regarding pre-trial motions being filed in the Luzerne County judicial scandal case. Also produced were portions of the transcripts from the wiretaps involving discussions by former Judge Michael T. Conahan and former Judge Mark A. Ciavarella.


To view the May 12, 2010 Times Leader article by Dave Janoski on the latest round of pre-trial motions, click on this link:

http://citizensvoice.com/news/transcripts-reveal-game-plan-1.781981



To view the transcripts of the wiretaps, click on this link:

http://www.wbcitizensvoice.com/pdfs/Conahan_excerpt.pdf

Sentencing Dates Set for Former Judge Michael Conahan and Former Judge Michael Toole

According to a May 5, 2010 Times Leader article by Terrie Morgan Besecker, Federal Middle District of Pennsylvania Judge Edwin Kosik has set down a July 23, 2010 sentencing date for former Luzerne County Judge Michael Conahan. Conahan recently entered into a plea agreement pertaining to one conspiracy to racketeering charge, which implicates the federal honest services fraud statute.

The hope is that the United States Supreme Court will issue a ruling on the validity of the federal honest services fraud statute prior to the sentencing date. The statute provides that a person commits the crime of honest services fraud if the person engages in a scheme or artifice to defraud that would “deprive another of the intangible right to honest services.” The statute is currently under attack as being vaguely worded and, therefore, unconstitutional. It is expected that the United States Supreme Court will issue its ruling sometime in June.

The need for this Supreme Court ruling has also been the cause of delay in terms of a sentencing date for former Judge Michael Toole, who pled guilty to a fraud charge that also implicates the federal honest services fraud statute. Presently, Judge Toole has a sentencing date of June 24, 2010.

Ex-Luzerne County Common Pleas Judge Michael T. Conahan Pleads Guilty - Again

In what may be the beginning of the end of at least part of this travesty, Ex-Luzerne County Court of Common Pleas Judge Michael T. Conahan has again pled guilty to fraud charges in Federal Court on Thursday, April 29, 2010. His previous guilty plea agreement had been rejected by Federal Middle District Judge Edwin M. Kosik.

According to an April 29th article by Terrie Morgan-Besecker in the Times Leader, Conahan signed a plea agreement under which he will plead guilty to a single count of racketeering conspiracy. All other charges in the 48 count indictment previously filed against the former judge, which included bribery, extortion, mail fraud, and honest services fraud, will be dismissed.

According to an April 29th article in the Legal Intelligencer by Hank Grezlak and Leo Strupczewski, the racketeering conspiracy charge pled to carries a maximum penalty of 20 years in prison and a fine of up to $250,000. The article also noted that absent from the 21-page agreement is any minimum sentencing requirement or sentencing recommendation from the U.S. Attorney's Office. Instead, the agreement outlines that any sentence is to be "determined by the court."

The plea deal does call for Conahan to forgo any opposition to a forfeiture action and to surrender his law license.

Also absent from the written plea agreement is a cooperation clause. To date, it does not appear that Conahan will be testifying against fellow ex-Luzerne County Court of Common Pleas Judge Mark A. Ciavarella who has not pled guilty and who, through his attorney, maintains his innocence of the charges levied against him.

Click here to view the Conahan plea agreement:
http://media.timesleader.com/documents/Conahan_Plea_Agreement.pdf

Conahan and Ciavarella Seek Change of Venue

According to an article by Dave Janoski in the March 17, 2010 edition of Scranton's The Times-Tribune, attorneys for former Luzerne County Judges Michael T. Conahan and Mark A. Ciavarella filed briefs on Tuesday in the federal court in support of their pre-trial motions.

The article noted that one of the motion seeks a change of venue to Delaware under the allegation that there have been over 2200 news accounts on the case since the charges were brought.

It remains to be seen how the court will rule.

Update on Luzerne County Judicial System Scandal

I offer the following link to an article updating the Luzerne County Judicial System Scandal:

The Times Leader:

http://www.timesleader.com/news/Ex-judges_launch_their_attack_03-02-2010.html