Showing posts with label "Kids for Cash". Show all posts
Showing posts with label "Kids for Cash". Show all posts

Friday, June 26, 2020

Kids-for-cash judge released from prison over virus concerns

By MICHAEL R. SISAK and MICHAEL BALSAMO

Michael Conahan
A former Pennsylvania judge involved in a scheme to send children to a for-profit jail in exchange for kickbacks was released from federal prison with six years left on his sentence because of coronavirus concerns, two law enforcement officials with knowledge of the matter told The Associated Press.

Michael Conahan, 68, was sent home from the low-security Federal Correctional Institution in Miami last Friday on a 30-day furlough that could lead to permanent home confinement for the remainder of his sentence, the officials said.

Prison officials had released Conahan in part because he has medical conditions that put him at a high risk for complications if he contracted the disease, according to the law enforcement sources, who were not authorized to discuss the matter publicly and did so on condition of anonymity.

With a furlough, an inmate like Conahan is able to go home sooner while a final decision on home confinement is still being made.

In a handwritten court petition for compassionate release, which was rejected last week on a technicality, Conahan said his high blood pressure, heart issues and Guillain-Barre syndrome — a rare disorder in which the immune system attacks the nerves — put him at “grave danger of not only contracting the virus, but of dying from the virus.”

Conahan, whose corruption behavior was dissected in a documentary film, books and national news coverage, joins the likes of former Trump campaign chairman Paul Manafort and former Trump lawyer and fixer Michael Cohen in getting sprung from prison early.

A message seeking comment was left with Conahan’s lawyer. The Times Leader in Wilkes-Barre, Pennsylvania, first reported Conahan’s release.

Conahan was sentenced in 2011 to 17½ years in prison for his role in what became known as the kids-for-cash scandal. The ex-Luzerne County judge pleaded guilty to a racketeering conspiracy charge for accepting a share of $2.8 million from the builder and co-owner of the for-profit detention center.

Conahan, who headed the county’s court system in Northeastern Pennsylvania from 2002 to 2006 and earned the nickname “The Boss,” closed down a county-owned juvenile detention center and signed a secret agreement to send children to the for-profit facility, prosecutors said.

Mark Ciavarella, the ex-juvenile court judge who sent thousands of children to the for-profit detention center, was convicted at trial and is serving a 28-year federal prison sentence.

Soon after their arrests, Conahan and Ciavarella reached a plea agreement to serve a sentence of more than seven years in prison each, but a judge rejected the deal. Had it taken effect, Conahan would have been allowed to leave prison in 2016. Conahan’s petition to the Justice Department to have his sentence commuted is still pending.

With the coronavirus sweeping through federal lockups, the Bureau of Prisons has been increasingly relying on home confinement to clear cramped quarters and spare high-risk inmates from infection.

The federal prison system has struggled to combat the coronavirus pandemic behind bars, where social distancing is nearly impossible, and as of Tuesday, 6,341 inmates had tested positive for COVID-19 at facilities across the U.S.; nearly 5,000 had recovered. Officials said 87 inmates have died since late March. 

The agency has given priority to inmates who’ve served at least half of their sentence and those within 18 months of release, though it has the ultimate discretion on who can be released.

The Miami facility where Conahan was incarcerated has had seven inmates and 12 staff members test positive for COVID-19, but no deaths, according to the Bureau of Prisons.

In comparison, a federal prison in Butner, North Carolina, has had more than 600 inmates test positive, with 12 of them dying of the disease.

Full Article & Source:
Kids-for-cash judge released from prison over virus concerns

Monday, July 2, 2018

Kids-for-cash judge seeks clemency

SCRANTON — Disgraced former kids-for-cash Judge Michael T. Conahan seeks clemency on the 17½-year federal prison sentence he is serving.

Conahan, 66, pleaded guilty to racketeering conspiracy charges in the scandal and has been behind bars since he was sentenced in September 2011. A searchable database on the Department of Justice’s website that was made public in March shows Conahan has a pending request for a sentence commutation, or reduction.

The database does not provide any information about the reason for the request. Justice Department spokeswoman Nicole Navas Oxman said the pardon attorney’s office does not disclose where in the process a case is pending.

Michael Conahan
Conahan and fellow Judge Mark A. Ciavarella Jr. were convicted of accepting kickbacks in exchange for funneling juvenile defendants to detention centers built by developer Robert K. Mericle’s construction firm and operated by companies controlled by former local attorney Robert Powell.

Ciavarella went to trial and was initially convicted of 12 of 39 charges, receiving a sentence of 28 years in prison. But he appealed and saw a federal judge reverse three of the most serious convictions earlier this year.

Conahan, however, reached a plea deal with prosecutors. He initially had a deal that would have put him in prison for just over seven years, but a federal judge rejected it because Conahan refused to accept full responsibility for the kids-for-cash scheme.

He ended up being sentenced to 17½ years in prison — more than a decade longer than called for under his initial deal.

Conahan is serving his time at Federal Correctional Institution, Miami, while Ciavarella is at Federal Correctional Institution-Ashland in Kentucky.

Full Article & Source:
Kids-for-cash judge seeks clemency

Thursday, July 20, 2017

Lawyer gets retroactive suspension

WILKES-BARRE — Nearly seven years after being temporarily suspended from practicing law, a Kingston-based attorney who admitted to giving “items of value” to a former county judge has resolved the disciplinary case against him.

Harry V. Cardoni of Harveys Lake agreed to a five-year suspension that was applied retroactively, according to an order the Office of Disciplinary Counsel filed last week.

Cardoni was temporarily suspended after admitting he gave former Luzerne County Judge Michael Toole perks in exchange for the judge appointing Cardoni’s preferred arbitrator in an insurance case, resulting in an award of about $1 million.

Toole pleaded guilty to accepting an illegal gratuity, and failing to pay taxes on a “finder’s fee” he received from Kids-for-Cash figure Robert J. Powell.

who admitted paying $770,000 in bribes to former Luzerne County judges Mark A. Ciavarella Jr. and Michael T. Conahan in exchange for them funneling juvenile defendants to two private detention centers Powell partly owned.

Toole was sentenced to serve 2½ years in prison and ordered to pay $5,000 in fines.

Cardoni cooperated with prosecutors, who said he “expressed genuine remorse” for his actions. He was never charged with a crime.

But the Office of Disciplinary Counsel for the Supreme Court temporarily suspended his license based on his admission to providing items of value to Toole.

In the time since, Cardoni has been helping elderly family members, managing several properties he owns and assisting a friend and family member in developing several businesses, according to a petition filed in May.

The petition says Cardoni has also completed the continuing legal education requirements since he was temporarily suspended and that he understands he will need to file a petition seeking reinstatement to the state bar association if he intends to return as a practicing attorney.

Full Article & Source:
Lawyer gets retroactive suspension

Wednesday, June 4, 2014

Kids-for-Cash Developer, Robert K. Mericle, Reports to Prison

Kids-for-cash developer Robert K. Mericle may be a multimillionaire, but his spending power in the prison commissary will be the same as everyone else: a maximum $160 every two weeks.

Mr. Mericle on Monday morning reported to a prison camp on the grounds of Federal Correctional Institution at Schuylkill, interrupting his life of privilege to begin a one-year jail stint that subjects him to a strict list of rules.
 
If Mr. Mericle, Inmate No. 15135-067, intends to remain in control of his real estate empire, he’s allowed business associates as visitors but is forbidden from conducting business by telephone, according to a copy of the prison’s rules and regulations handbook.
 
A federal judge in April sentenced Mr. Mericle to one year in prison for concealing information from federal agents investigating two Luzerne County judges, Mark A. Ciavarella Jr. and Michael T. Conahan, in the infamous kids-for-cash scandal. The 51-year-old’s federal crime stems from his paying $2.1 million to the judges who were accused of conspiring to shutter a county-run juvenile detention center and sending scores of juveniles to two facilities built by Mr. Mericle’s construction firm.
 

Thursday, March 6, 2014

US Supreme Court Won't Hear Ciavarella Appeal

The U.S. Supreme Court has declined to hear the appeal of former Luzerne County Judge Mark A. Ciavarella Jr., according to an order posted Monday morning on the high court’s website.

The ex-judge’s appeal was a long shot and denial was likely, Ciavarella’s attorneys previously said, since the Supreme Court only hears about 75 of the 10,000 cases each year it is asked to consider.

Ciavarella, jailed for 28 years on corruption charges, has now exhausted all his appeals options. The only thing he and his attorneys can do now is ask the Supreme Court to reconsider its decision, something his attorneys don't plan to do.

The court did not give a reason for denying the appeal. Ciavarella case was just listed under a heading of "CERTIORARI DENIED."

“Are we disappointed? Sure we are. But we understand the Supreme Court takes very few cases in the course of the year,” said attorney Al Flora Jr., who represented Ciavarella along with attorney William Ruzzo. “I know it’s very difficult to get cases before the court. We gave it our best effort, and that’s all that could be expected.”
 

Wednesday, January 15, 2014

Federal Court in Ciavarella “Kids For Cash” Case Issues Groundbreaking Ruling: State Court Judge’s Acts Not Immune from Conspiracy and RICO


January 13, 2014–A Federal District Court Judge in Pennsylvania has ruled that “Kids for Cash” Pennsylvania State Juvenile Court Judge Mark Ciavarella’s actions in using his courtroom to sentence juveniles under a “zero tolerance” policy to further a civil conspiracy are not protected by judicial immunity.  United States District Judge A. Richard Caputo on Thursday issued a decision in favor of plaintiffs in that case, holding that Judge Mark Ciavarella’s acts in participating in a conspiracy to deprive children of a right to a fair trial in order to send the children to juvenile detention facilities which Ciavarella helped develop are not “judicial acts” entitled to judicial immunity.  ”This decision will profoundly impact parents’ ability to pursue Family Court judges for civil rights violations based on judicial conduct occurring outside of the courtroom, which causes injury inside the courtroom.” says Colbern Stuart, President of California Coalition for Families and Children.

Full Article and Source:
Federal Court in Ciavarella “Kids For Cash” Case Issues Groundbreaking Ruling: State Court Judge’s Acts Not Immune from Conspiracy and RICO