Federal Investigation of Schools

Posted 10:40 a.m.

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Ross Scarantino, right, leaves the Scranton Federal courthouse with his attorneys Frank Nocito, left, and Philip Gelso, center, after pleading guilty.

Aimee Dilger / The Times Leader

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Jim Height, left, enters the Scranton Federal Courthouse with his attorney Joseph D'Andrea.

Aimee Dilger / The Times Leader

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Updated 11:16 a.m.

Updated 11:36 a.m.

SCRANTON --Pittston Area Superintendent Ross Scarantino and former Wilkes-Barre Area School Board President Jim Height pleaded guilty this morning to corruption charges in federal court. 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 job at Quest Diagnostics. Asked when his last day of employment was, Height said May 20.

In both cases assistant U.S. attorneys noted that the two men had received money as "rewards" for prior help given to contractors seeking work in their respective School Districts, not as bribes for work being sought. When Assistant U.S. Attorney William Houser made that point about Height's receipt of $2,000, Vanaskie thanked him for clarifying the point.

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.

The pattern of the hearings was the same. 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 their was a "factual basis" for the plea, meaning the government had sufficient evidence and the plea was not being entered simply 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. Both men admitted accepting the money when approached by investigators. 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.

Both men 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 then have 14 days to submit comments or objections, and an evidentiary hearing will be held if necessary.

Vanaskie also advised both Height and Scarantino that he is not bound by sentencing guidelines and recommendations, and can issue any sentence up to the maximum of 10 years in prison.

Scarantino pleaded guilty to a charge of accepting $5,000 in cash in return for support he provided to a contractor seeking work with the Pittston Area School District. The charge listed in the plea is “corrupt receipt of reward for official action concerning program receiving federal funds.”

On April 16, Scarantino became the first local public school official charged with corruption in a federal probe that has since led to charges against two Wilkes-Barre Area School Board members. Scarantino immediately went on paid leave, and later submitted his resignation, effective Aug. 3.

The plea could also 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. Scarantino’s plea agreement notes 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.

Height,. 53, was charged with accepting $2,000 for helping a contractor's attempt to secure a contract in the district. He pleaded guilty to a single count of corrupt receipt of a reward for official action. He agreed to cooperate with authorities in their  ongoing corruption probe.

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.

The complaint does not identify the contract or the contractor who paid Height.

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 candidate.

The charges against both men carry a maximum of 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. Under federal sentencing guidelines, that level of offense is likely to lead to 12 to 18 months in prison, possibly less.

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