Lawyers: 2 judges to get more than ‘slap on wrist’

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February 3, 2009

By Terrie Morgan-Besecker tmorgan@timesleader.com
Law & Order Reporter

WILKES-BARRE – The plea deal that calls for two Luzerne County judges to serve 87 months on corruption charges has sparked anger among some members of the public, but two attorneys familiar with federal sentencing guidelines say the sentence is far from a “slap on the wrist.”

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Ciavarella

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Conahan

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Attorneys William Manifesto of Pittsburgh and William Costopoulos of Harrisburg said they realize it may be hard for the public to understand, but the proposed sentences for judges Mark Ciavarella and Michael Conahan are fairly stiff in relation to federal sentencing guidelines.

“My experience in doing federal court work, seven years, except in drug cases and multimillion-dollar fraud schemes, that’s a long sentence,” said Manifesto, a defense attorney who formerly served as a prosecutor for Allegheny County. “The public may have reason to be angry about this situation, but if you were to examine empirical data of sentences for similar cases I think you would find this would be at the top.”

The attorneys, both of whom specialize in defending persons charged with federal crimes, stressed their opinions are based only on information revealed in the criminal complaint that was filed against the judges last week. They therefore do not know of other allegations that might have impacted the case and/or sentence.

More details of the alleged criminal activity likely would have been included in an indictment, but the case never got to that point because the judges agreed to the plea deal.

Ciavarella and Conahan are scheduled to appear in federal court on Feb. 12 to plead guilty to single counts of tax evasion and honest services fraud. The U.S. Attorney’s Office says the men accepted more than $2.6 million in kickbacks in exchange for rulings that benefited the operators of a local juvenile detention facility.

Costopoulos said that based on information contained in the complaint, it’s likely the government could have sought an indictment for multiple counts of money laundering and mail fraud. That would not necessarily translate to a stiffer sentence, however, because federal guidelines are based on the amount of money involved, not the number of counts.

While $2.6 million is a significant sum, in pales in comparison to some ponzi schemes – an investment fraud where money from one investor is paid to another – that can involve tens of millions of dollars, Manifesto said.

“I had a client involved in a bank fraud who ended up with a sentence of 96 months, and that was $35 million bank fraud,” Manifesto said. “You won’t find many sentences that are beyond or greater than these two judges have agreed to in the plea agreement, short of some multibillion-dollar ponzi scheme.”

The Conahan and Ciavarella case differs in that they allegedly abused positions of trust. That makes the case more egregious, but that is also taken into consideration in the sentencing guidelines, the attorneys said.

Federal sentencing guidelines are extremely complex, Manifesto said. They start with a base offense score, dependent upon the crime. A defendant then either gets upward or downward “departures” based on a wide variety of factors relating to the actual crime and the defendant’s background.

Manifesto said the judges likely received at least two upward departures that increased their sentences – using a position of trust and using specialized knowledge in the commission of a crime.

Costopoulos said it appears to him that “both sides gave a lot” in securing the deal.

“The government could have brought other charges that legislatively carried more years. But the defense could have taken a position of ‘we want our day in court’ and put the government to the task of taking it to a grand jury and calling witnesses to obtain an indictment,” he said. “The defense could have drug the charges out with appeals for many years to come. Both sides appeared to have agreed this is the appropriate conclusion.”

Whether the judge assigned to case – Senior U.S. District Judge Edwin M. Kosik – agrees remains to be seen. Kosik could opt not to accept the terms of the plea. Then either prosecutors or the defense can withdraw it.

Terrie Morgan-Besecker, a Times Leader staff writer, may be reached at 570-829-7179.

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Jeff said...

Yes, the public is outraged about the mere little over seven years that Conahan and Ciavarella will spend in prison, and with good reason. Both these dirty judges copped a plea because their lawyers know that a trial would bring out more serious crimes they committed, and they would do way more time than a little over seven years. I'm sure they were sitting down with their lawyers before the story even broke. I don't think 87 months is long enough, but I'll be glad to see them lose their freedom as soon as Feb. 12th. Ciavarella and Conahan's crimes will haunt the taxpayers and parents of the kids they unjustly sent away, for many years to come.

February 3, 2009 at 6:19 AM

michael grogan said...

do they get their pensions. I hope not

February 3, 2009 at 6:38 AM

Very Concerned said...

I guess the fact that these guys are 'judges' makes this so disgusting to the average person who is struggling to put food on their tables. They made a great salary, many perks of being a judge, and that wasn't enough for them. With appeals and re-trials, these guys will end up costing the taxpayers millions of dollars more to clean up their mess. Make them pay big time. They are no better than anyone else.

February 3, 2009 at 7:08 AM

Joe said...

So what is going to happen to the wives of these two? Will they be charged as well?

February 3, 2009 at 8:24 AM

mark said...

let's get on with it. SEND THEM TO JAIL! HA HA HA!

February 3, 2009 at 9:09 AM

Rwillliams said...

The fact still remains that even when they get out of jail, they keep their resources and are still millionaires. They put a lot of money in the cayman islands which by law can never be touched.

February 3, 2009 at 9:21 AM

Paul said...

This case is different. They are Judges. They hand out sentences to others. They should get DOUBLE the time. They make me sick.

February 3, 2009 at 9:26 AM

rich said...

Look, everyone would not have a problem if 7 years were in fact 7 years, but we all know in 2 years these two thieves will have discovered Jesus or have been just perfect little prisoners who deserve to be let out early, yadda, yadda, yadda.......we all know 7 years is NOT 7 years that's what we the people have a problem with.......

February 3, 2009 at 9:30 AM

am said...

For what these judges are accused of, the penelty needs to be more. They messed with young peoples lives for thier own profit (or so they are accused). There verdicts were not based on the law but on how they could profit. We are talking to people that make a very good living to start with. It is greed on the judges part and that is human nature. The penelty should be equal or greater then the total of all the sentences of the youth that should not have happened!!!

February 3, 2009 at 10:13 AM

fair punishment said...

I think a fair sentence would be to put these two jokers in a locked room with the parents of the children they wrongly sentenced.

February 3, 2009 at 10:25 AM

Scott said...

WoW!! What a surprise! Color me Amazed! Lawyers pointing out to our insect like brains that we should be grateful for the "Fairly Stiff" punishments of our elected officials who Traffic in our children and then ride around in private planes and lounge on large yachts. Thank you "gentlemen", I feel so much better now!

February 3, 2009 at 10:46 AM

Who Wants to Be a Millionaire? said...

Hold that brief case #42. Now, are they going to go with what the Feds offer for the $2.6 million, or are they going to try to beat the rap on Deal or No Deal!? We'll be right back. Stay tuned.

February 3, 2009 at 11:04 AM

lou said...

What did you exspect a lawyer to say? the law doesn't apply to them, judges or people in high places.

February 3, 2009 at 11:14 AM

Lisa said...

They should get more the sent children away to line there greedy pockets. I am sorry I have no mercy on them,yes my son was one of them that was away for 6 months. 2 1/2 months at the juv. dent ctr and 4 months away in another part of the state, 3 1/12 hours away from here . I hope that all of these places are looked at to see if good old markie was getting a kickback from these places as well. As a parent of these children I do not feel sorry for these 2 idiots. My son was a first time offender too.

February 3, 2009 at 11:28 AM

Cecelia Brandt said...

I think this is BS. If they were serving the sentence at Lewisburg penitentiary, but it will be at some country club. They should get the total number of years they sentenced children to be imprisoned, and it should be at the most vicious federal penitentiary in the country.

February 3, 2009 at 11:46 AM

Debbie said...

What about their retirement benefits?

February 3, 2009 at 11:48 AM

Tom Sedeski said...

I say throw out the plea. Make these looters spend all their wealth on a defense. Its clear they will ultimately loose the case anyway so we also get to watch them squirm for years as they put up a defense.

February 3, 2009 at 1:08 PM

Marilyn Novak said...

helpful article re: understanding some of the background re: the plea agreement. thanks

February 3, 2009 at 3:26 PM

Kerry Urban said...

Big deal..so they do a couple months in the Hotel Hilton for scumbag judges. What about the people who are suffering the scares of their greed?

February 3, 2009 at 4:37 PM

SRT said...

Is there one single honest Democratic elected official in Luzerne County? At this rate, I'm wondering.

February 3, 2009 at 4:54 PM

harley said...

It is not the amount of money but the way it was obtained. On the backs of children.

February 3, 2009 at 4:57 PM

Jane C. said...

It's about TRUST-not money. The plea bargain was to avoid public disclosure of the extent of the criminal activity. What about the families whose bank accounts were seized?

February 3, 2009 at 7:21 PM

donna said...

disgusted,anger,rude, non-trustworthy,outraged, appalled,etc......

February 4, 2009 at 10:08 AM

Mike from Sugarloaf said...

These two guys were profiting of the back of children. I guess you could say that they were trafficking in children. This is revolting and I wonder why the national news has not reported it. This corruption goes much higher and much lower. Mike from Sugarloaf

February 4, 2009 at 12:25 PM

B.H. said...

SRT...I'm still looking for an honest politican, period.

February 4, 2009 at 1:53 PM

Didacticus said...

These judges did not get a single for cruelly and fraudulently condemning over 8 years hundreds if not thousands of kids to terrible conditions in juvenile jail run by their corrupt fellow criminals. When it comes to kids there is often no justice in America whatsoever.

February 5, 2009 at 4:15 PM

mr.c said...

It doesn't really matter what the average joe says here because these guys are already planning their lives after prison . They will be wined and dined at our expense again and living better than most of with all the amenities that a rich scoundrel deserves. I believe if our state officials(i.e. senators , reps, governer get involved in this mess to assure the people of this county that someone cares who holds a political or legislative position. I wish more of our county officials would open up and help with this case because the walls need to come down here .Luzerne county has been a doormat long enough for corrupt politicians and legislative officials, In november luzerne county let your voice be heard and rid our county of all the scum at once. Badda bing out you go !

February 5, 2009 at 8:51 PM

Täkk said...

While I do feel that if true, it is completely unfair. I can give both men some encouragement, don't worry, you may not have to do any time whatsoever, seriously, our President promotes that sort of thing, he may have a job for you.

February 6, 2009 at 6:30 PM