Posted: Wednesday, 23 September 2009 11:30AM
Here Comes The Judge
Steve Corbett Reporting
Wednesday, September 23, 2009
Wyoming Valley Sanitary Authority Executive Director Fred DeSanto says he didn’t think he committed a crime by failing to report a felony when he discovered that WVSA employee Karen Holly had stolen authority funds.
Since then, Holly has pleaded guilty to committing the federal felony.
In a telephone interview this morning, DeSanto said he figured that as long as Holly could repay the money, authority members did not have to notify the FBI. If a similar event happens again, though, DeSanto said he would immediately alert federal law enforcement authorities.
DeSanto said he and other WVSA officials decided that they did not have to call police as long as Holly could repay the money. If she stole $20,000 or $50,000, an amount WVSA officials agreed she could not repay, then they would have called the cops, DeSanto said. But since WVSA officials all agreed that she could repay the approximately $6000, they decided to keep the matter to themselves.
DeSanto seemed confused when I asked what the difference was between stealing a little bit of federal money and a lot of federal money.
Either way, the facts leaked when WVSA tipsters let me know what was going on and I reported the story in this column in April. The feds charged Holly, she pleaded guilty and now faces the possibility of years in federal prison.
DeSanto said he has not been interviewed by the FBI or other federal agents since June, when agents interviewed him and others at the authority. He said he also has not been called to testify before a grand jury.
So who exactly decided to cover up Holly’s theft?
DeSanto said WVSA solicitor Harry Mattern provided all the legal advice.
“He ran the meeting,” DeSanto said. “I’m not blaming him.”
But DeSanto said Mattern advised others in the room on the day they made the decision not to call federal law enforcement officials and allow Holly to return the money to accounts from which she had stolen the cash.
Authority personnel committee head Patrick Judge Sr. was not in the room when the original decision was made, DeSanto said. But Judge, a powerful political figure who has chaired the personnel committee for about 20 years and who represents Forty Fort on the Authority, agreed with the decision to keep quiet, DeSanto said.
Mattern spoke with Judge about the Holly matter, DeSanto said.
“I don’t know if I did or not,” DeSanto said when asked if he spoke personally with Judge about the decision to cover-up the theft and keep the facts from federal investigators.
DeSanto said he might have spoken with Judge about concealing the theft but isn’t sure.
“But Harry did talk to him,” DeSanto said.
DeSanto said he doesn’t know if FBI agents have interviewed Judge, a member of the Pennsylvania Court of Judicial Discipline, the state body that adjudicates complaints against state judges.
Judge, who has failed to return several messages left for him at work and at home in recent weeks, is the executive vice president of Keystone Automotive in Exeter. The company is described in Judge’s biography on the court’s Web site as “the nation’s largest of its kind automotive accessory and parts distribution company.”
On August 16, 2007, justices on the Pennsylvania Supreme Court appointed Judge to the Court of Judicial Discipline. Judge also served as a member of the Commonwealth of Pennsylvania Judicial Conduct Board for four years and served as Chairman during his last year on the board.
“Active in the community, being a member of the Selective Service Board of the U.S.; Board Member and past President of the Greater Pittston Chamber of Commerce; Board Member of the Pittston Industrial Development Authority; Chairman of the Board of the N.E. Pennsylvania Convention Center Authority; member of the Federal Judicial Selection Committee; Board member of the Advisory Boards of P.N.C. Bank and Geisinger Hospital. He also belongs to a number of other business, civil and service groups,” the Web site says.
Judge also “shared investments” with indicted former Luzerne County President Judge Michael Conahan in a Florida real estate company and a Northeastern Pennsylvania ambulance company, according to the Citizens Voice. In a recent Citizens Voice article, reporter Dave Janoski also described Judge as the chairman of the Judicial Conduct Board when somebody filed an anonymous complaint against Conahan in 2006.
Yet, despite all his expertise, Judge decided to keep quiet about a theft of federal funds.
Is failing to report a felony always a crime? Other defendants in the ongoing federal public corruption probe have pleaded guilty to just that. Does the statute apply to WVSA officials?
This story of political intrigue and crime is not over.
Nor should it be.
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Corbett
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