Corruption figures guilty

SCRANTON – Pittston Area Superintendent Ross Scarantino and former Wilkes-Barre Area School Board President Jim Height pleaded guilty to corruption charges in federal court Friday morning.

Judge Thomas Vanaskie accepted both pleas and tentatively set sentencing for the week of Aug. 24.

During routine testimony intended to confirm he understood the plea and entered it freely, Height acknowledged he has lost his supervisor post at Quest Diagnostics, a private company based in New Jersey that provides medical diagnostic equipment and services. Asked by Vanaskie when his last day of employment was, Height said May 20.

That was two days after he U.S. Attorney Martin Carlson had signed and filed an agreement by Height to plead guilty to one count of corrupt receipt of reward for official action concerning a program receiving federal funds.

Scarantino filed a similar agreement on May 20 to enter a guilty plea to the same charge involving a different incident. The two men formally entered their guilty pleas Friday.

In contrast, when asked if he was employed, Scarantino replied yes, saying he is Superintendent at Pittston Area.

Scarantino went on paid leave the day after charges were filed, using accumulated vacation days. He submitted a letter of retirement effective in August, but the School Board did not accept it. Solicitor Joe Saporito said the board had to allow the paid leave under terms of Scarantino’s contract, and that accepting the resignation would have forced the board to grant additional benefits. If the board can terminate Scarantino’s contract “for cause,” it shouldn’t have to pay some of those benefits. Friday’s guilty plea could be cause for such termination.

In both cases assistant U.S. attorneys noted that the two men had received money as “rewards” from contractors for prior actions, and not necessarily for future help. Houser told Vanaskie that Height had not solicited the money, and it was not a bribe. Vanaskie made a point of thanking Houser for the clarification.

Hearings for each man lasted about 20 minutes and were held consecutively with only a short break after Height’s hearing concluded. This meant that Scarantino’s hearing, scheduled for 11 a.m., began about 15 minutes early.

In both cases, Vanaskie explained that he had to determine the defendant was competent, satisfied with the service and advice provided by his attorney, understood the rights being waived, entered the plea voluntarily, and that there was a “factual basis” for the plea, meaning the government had sufficient evidence and the plea was not being entered to avoid publicity or the onus of a trial.

Height pleaded guilty to accepting $2,000 from a contractor between Jan 1 and April 1 of this year. Scarantino pleaded guilty to accepting $5,000 in February 2008.

When approached by investigators, both men admitted accepting the money and cooperated. During testimony, Houser said that Height still had the $2,000 and gave it to investigators, and that it would have been presented as evidence if the case had gone to trial. He said the government was prepared to offer testimony from federal agents and contractors as well. Assistant U.S. Attorney Amy Philips said contractors would also testify if Scarantino had gone to trial.

The names of the contractors have not been publicized, though investigators did take documents from Pittston Area School District offices related to business done with Intellacom of Plains Township and King Paint & Glass of Kingston. Both companies have also done work at Wilkes-Barre Area Career and Technical Center and Luzerne County Community College, where investigators have also taken records.

Scarantino previously chaired the LCCC Board of Trustees, and Height was president of the Joint Operating Committee that runs the Career Center for five member school districts. Height has also said he is friends with King Paint owner Richard Emanski and that he joined several others in a trip to Las Vegas with Emanski, though Height said he paid his own way.

Height and Scarantino were released on their own recognizance. Vanaskie said pre-sentence investigation would be ordered and a report would be provided to the attorneys by July 24. The attorneys will have 14 days to submit comments or objections, and an evidentiary hearing will be held if necessary.

The maximum penalty in both cases is 10 years in prison and up to a $250,000 fine, but the maximum applies only if the defendant has a prior record and other aggravating factors are presented.

Height and Scarantino have the same “level of offense,” a calculation used in deciding where their punishment falls within set government guidelines. Under those guidelines, both men would likely receive 12 to 18 months in prison.

But Vanaskie told both before they entered their pleas that he is not bound by the guidelines and can issue any sentence up the maximum. He also said they cannot alter their pleas if they disagree with his sentence.

The official charge in both cases is “corrupt receipt of reward for official action concerning program receiving federal funds.”

The plea could result in Scarantino losing his pension, which could be worth an estimated $115,000 per year or more, thanks to his 42 years in education. The plea agreements for both men note that a judge’s sentence may include payment of restitution. Federal judges have wide latitude in setting such payments.

When Luzerne County Court of Common Pleas judges Mark Ciavarella and Michael Conahan pleaded guilty to corruption charges in federal court in February, Assistant U.S. Attorney Gordon Zubrod noted afterward that some judges have included the public official’s salary earned during the time the crime was committed in restitution payments.

According to a complaint filed by the U.S. Attorney’s Office, Height accepted the money sometime between Jan. 1 and April 1 as a reward for support he provided to a contractor “seeking to enter a contract with the district,” and for his support in helping that contractor win a contract with the Wilkes-Barre Area Career and Technical School, on whose board Height also served.

Height resigned his seat and withdrew from the school board primary earlier this month, but his named remained on the ballot. He received more than 600 votes, but it was the lowest amount of any other candidate.

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Federal Investigation of Schools

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