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December 4, 2009

Pa. Supreme Court suspends Toole

He’s 3rd judge to face charges

HARRISBURG – The state Supreme Court on Thursday suspended Luzerne County Judge Michael Toole from all judicial duties in the wake of federal charges that were filed against him.

Toole will continue to receive his annual salary of $161,850 and all benefits pending further order of the court.

Toole, 49, of Wilkes-Barre, was charged Wednesday with honest services fraud and tax evasion in connection with dealings he had with two separate attorneys.

Prosecutors say Toole used his position as a judge to improperly influence the appointment of a neutral arbitrator to hear an uninsured motorist arbitration case.

According to a criminal complaint, Toole secretly communicated with the attorney who had filed the case to ascertain who that attorney wanted to have appointed. Toole had vacationed at a New Jersey Beach home owned by the attorney on numerous occasions, prosecutors said.

The tax-evasion charge against Toole relates to Toole’s failure to report on his income tax return a $30,000 fee he received from another attorney for referring a case to that attorney, the complaint says.

The complaint does not identify the attorney involved in the arbitration case, but details contained in the charges indicate the case involves an insurance claim filed by attorney Harry Cardoni of Cardoni and Associates in Kingston.

Ryan Blazure, an attorney with Cardoni and Associates, on Thursday issued as statement saying members of the firm are “deeply saddened” by allegations against Cardoni.

“As a firm we cannot condone such conduct as asserted in the allegations, if true, despite the love and respect we have for attorney Cardoni,” Blazure said.

Blazure said the firm is investigating the matter and will cooperate fully with investigators, if asked.

He said, as far as he knows, federal prosecutors have not spoken to anyone at the firm and have not subpoenaed any records.

A plea agreement Toole signed calls from him to resign within 10 days of the acceptance of his guilty plea, which is scheduled for Dec. 29.

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






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