Third Luzerne County Judge Charged with Fraud; Removed From Bench
Michael T. Toole, a judge in Luzerne County, Pa., was charged today with honest services fraud and filing a false tax return, and he was also suspended from judicial duties by the state supreme court.
Prosecutors say Toole hid a financial relationship he had with an attorney, and that Toole had “improperly” ruled in that attorney’s favor in civil cases, the Legal Intelligencer reported. That attorney is identified by the government as “participant 1.” A “participant 2” in information released by prosecutors has been identified to the Legal Intelligencer by sources as Robert Powell, who pleaded guilty in July to criminal charges related to a $2.5 million juvenile detention kickbacks case that has already resulted in guilty pleas by former Luzerne County President Judge Michael Conahan and former Luzerne County Judge Mark Ciavarella.
Powell’s attorney, Mark B. Sheppard of Montgomery McCracken Walker & Rhoads, would not comment when asked if Powell was “participant 2.”
Prosecutors also say Toole didn’t report a $30,000 referral fee he received on his tax return.
The Legal Intelligencer said Toole and his lawyers signed a plea agreement related to these charges Sept. 25. The U.S. Department of Justice for the Middle District of Pennsylvania explained the delay between his signing of the agreement and this announcement this way in a press release: “Because the Information contains a charge relating to a tax matter, the Office of the United States Attorney for the Middle District of Pennsylvania was required to obtain separate approvals for the charge from Department of Treasury and Department of Justice officials in Washington. Approval for the charge was received today.”
Luzerne County Common Pleas Court President Judge Chester B. Muroski told the Legal Intelligencer that Toole had never notified him of pending charges against him or the plea agreement, and that he wouldn’t have given Toole any judicial assignments if he had known.
“I don’t know how anyone can function as a judge once they enter into a plea agreement with the government,” Muroski said.
Toole faces up to 23 years in prison and fines of up to $350,000.
The Standard Speaker reported that Toole’s suspension won’t affect his $161,850 salary or benefits until he resigns from the bench, which his plea agreement requires him to do within 10 days.
The state Supreme Court order removing Toole from the bench is here (PDF).
