Emanski sentencing on bribery postponed

SCRANTON – The sentencing of paint and carpet contractor Richard Emanski on a bribery charge was unexpectedly postponed Monday to give the judge time to contemplate whether he can consider uncharged conduct in deciding the sentence.

U.S. District Judge Thomas I. Vanaskie halted Emanski’s sentencing hearing after a federal prosecutor objected to the judge considering information that Emanski had demanded money from another contractor he had helped to obtain a painting contract.

Emanski, 66, of Harveys Lake, pleaded guilty in January to corrupt payment of a reward for official action. Prosecutors say he installed free carpeting in the home of a Wilkes-Barre Area school director, who has not been identified, in exchange for that person’s support in awarding contracts to Emanski’s business, King Glass & Paint in Swoyersville. He was before Vanaskie for sentencing in that case.

But Vanaskie said information contained in Emanski’s pre-sentence investigation report revealed Emanski had engaged in other improper conduct for which he had not been charged.

Specifically, Vanaskie said Emanski had demanded a $7,500 kickback for himself and another $7,500 for a public official for a large-scale painting project at a public facility that was awarded to another contractor. The money was paid in cash in two envelopes, Vanaskie said. The judge did not name the other contractor, the public official or identify the project involved.

Emanski’s attorney, Carl Poveromo, disputed the characterization of the payment.

Poveromo acknowledged Emanski received $7,500, but said the money was legitimately earned. Poveromo said the other contractor ran into problems with the job because the paint was not adhering to the surface. Emanski consulted with the contractor and did extensive work at the facility to rectify the problem.

Vanaskie then questioned Emanski as to whether he submitted a bill for that work, to which Emanski replied, “No.”

Vanaskie indicated he was going to consider that conduct in fashioning a sentence in the bribery case. But Assistant U.S. Attorney William Houser interjected on Emanski’s behalf.

Houser said Emanski volunteered the new information. He cautioned the judge that if he used it in deciding Emanski’s sentence, it would dissuade others from reporting misconduct that could lead to charges against other people.

“The government’s standpoint is that it’s important that people who provide information are not penalized for that,” Houser said. “They need to ensure the process is not going to come back and bite them.”

Vanaskie acknowledged the uncharged conduct could not be considered to determine the sentencing guideline range for the current case, which called for a sentence of six to 12 months. He said he believed he could consider the information to help him decide whether he should go above or below the guideline range, which is advisory.

Vanaskie recessed the hearing for approximately 30 minutes to research the matter. He returned to say there was “no clear answer.” He then directed prosecutors and the defense to submit written legal briefs on the issue. He will reschedule sentencing for another date.

Further details of the painting contract that was the focus of Vanaskie’s concern could not be obtained Monday.

Emanski was previously involved in a controversial 2005-2006 project at Meyers High School in Wilkes-Barre for which he was paid $21,677 to supervise a $480,000 painting contract awarded to Postupak Painting. Meeting minutes show there was never any discussion by the school board to authorize the supervisory work, and that many of the bills submitted lacked detail.

Several board members who sat on the board at the time said Monday they could not recall if there was any problem with paint adhering to the surface.

Carl Postupak, owner of the company, did not immediately return a phone message.

Prior to the sentencing adjournment, Poveromo addressed the court on Emanski’s behalf. He painted Emanski as a man who got caught up in the “pay to play” mentality that’s dominated the Wyoming Valley, and who didn’t realize the seriousness of his offense.

“This practice has gone on a long time. I don’t believe Mr. Emanski is the only one. There have been others who have been overlooked in the past,” he said.

Poveromo noted that of the dozens of people charged in the ongoing county corruption probe, Emanski is the only person prosecuted for paying a bribe or gratuity. Others have been charged with accepting favors.

“It is something that indicates the offense is something that is not vigorously prosecuted. That is something to be taken into consideration,” Poveromo said.

Emanski also addressed the court, telling Vanaskie the past 14 months have been “just terrible.”

“I brought a lot of heartache on my family and employees. I just want to get this behind me,” he said.

Vanaskie was recently appointed to the Third Circuit Court of Appeals, but is continuing to wrap up cases in federal court before taking the seat.

He gave prosecutors seven days to file a legal brief regarding the uncharged conduct matter. The defense will then have seven days to file their brief. Sentencing will be scheduled after he has reviewed the documents.