Kids-for-cash scandal

The “kids for cash” scandal was a corruption case in the US that was uncovered in 2008. Members of the Court of Luzerne County in Wilkes-Barre , US state Pennsylvania , had received cash payments from operators of private prisons and possible given to them in response, many young offenders as prisoners.

Court President Mark Ciavarella and Judge Michael Conahan were charged with receiving payments from a private prison operator . In return, the judges had often imposed prison sentences on juvenile offenders who then had to serve in private prisons. Ciavarella and Conahan pleaded guilty on February 13, 2009 to receiving $ 2.6 million from the managers of Pennsylvania Child Care in Pittston Township and its subsidiary Western Pennsylvania Child Care in Butler County . This admission was made within the framework of a plea agreement in order to achieve a mitigation of the sentence. The verdict on the consensual confession ( plea agreement ) was overturned by a federal court because it could have adverse consequences for the convicted juveniles. The judges were also sentenced to withdraw the consensual confession so that an investigation into the case could be made.

On 9 September 2008 an upper rose federal court in Harrisburg in Pennsylvania an indictment in 48 points against Ciavarella and Conahan, including the charges of organized crime, fraud, money laundering, extortion, bribery and violations of the payment of federal taxes. The Pennsylvania Supreme Court continued an investigation into the judges' verdicts, and as a result hundreds of guilty statements by Lucerne County youths were thrown out. The Juvenile Law Center set up a class action lawsuit against the judges and numerous other parties to the litigation, and the Pennsylvania Parliamentary Mission set up a commission to investigate the county's far-reaching juvenile justice problems.

First investigations

The first investigation into misjudgments in Luzerne County began in 2007 when the Philadelphia- based Juvenile Law Center was approached by youths for assistance. Center lawyers found that several hundred cases were tried without an appropriate defense. In April 2008, the Juvenile Law Center filed an application with the Pennsylvania Supreme Court alleging that the civil rights of the youth concerned had been violated in these proceedings. This request was first rejected. However, when the allegations of corruption against the judges surfaced again in January 2009, the implementation of the petition was considered again.

The Federal Bureau of Investigation (FBI) and the Internal Revenue Service also investigated Judges Mark Ciavarella and Michael Conahan as part of an investigation in Luzerne County. The exact times and scope of the investigations by these two federal authorities have not been published. It was later revealed that part of the investigation had taken place at disciplinary hearings into the conduct of a former judge, Anne H. Lokuta. In November 2006, Lokuta was summoned to appear before the Judicial Conduct Board of Pennsylvania ; she was charged with exploiting court officials for non-official matters, openly displaying bias against some lawyers, and causing mental illness to officials by publicly abusing them. The panel ruled against Lokuta in November 2009 and she was fired. During the hearings, Lokuta accused Judge Michael Conahan of harassing her and accused him of being involved in a conspiracy to get her fired. Lokuta assisted the FBI in investigating the kids for cash machinations prior to the decision of the Disciplinary Committee. In March 2009, in the wake of the ongoing corruption investigation, the Supreme Court ordered the postponement of Lokuta's release and the election of her successor, which was planned for May 2009.

Accusations and Confessions

In 2002, the US attorney charged then-presiding judge Conahan with having used his authority to transfer money to private prisons in the county. The judges were suspected of receiving millions of dollars in exchange for a collusion between the court and private institutions. As a result, they were charged with using their positions to subsequently shut down the county's correctional facilities.

Notice of the lawsuits in the main proceedings

A January 26, 2009 notice from the US Attorney's Office for the Central District of Pennsylvania revealed the scope of the charges against the two judges. The charges cited investigations into the actions of both judges between 2000 and 2007 how they helped set up and occupy the private facilities for youth run by the two Pennsylvania Child Care societies to become official institutions of a private prison to serve, the judges preferring them to the Luzerne County institutions. The measures the two judges are using to disguise the cash receipts involved several people and transactions that were apparently intended to avoid tax payments. Ciavarella and Conahan were also charged with placing juveniles in the private facilities, even when the juvenile probation officer did not recommend detention.

Agreement on confessions

The confession agreement provided that both judges were sentenced to seven years' imprisonment, a fine, restitution, and responsibility for the crimes. However, Judge Edwin M. Kosik of the US Court of Justice of the Middle District of Pennsylvania in Scranton contradicted the consensual admission on July 30, 2009 because it did not meet the conditions for such a ruling. The lawyers of the two judges submitted a request to re-examine the objection to the consensual confession.

Criminal proceedings before the great Harrisburg Court

The request was denied on August 24, 2009, after which Ciavarella and Conahan revoked their guilty guilty plea, which could lead to a criminal trial and further charges.

On September 9, 2009, the Great Court of Harrisburg, Pennsylvania, indicted Ciavarella and Conahan on 48 counts, including organized crime, fraud, money laundering , extortion, bribery and federal tax violations. September 15, 2009 was set as the date for both judges to be brought before the court. Ciavarella and Conahan pleaded "not guilty" on the 48 counts. Because they paid $ 1 million in bail, they were not detained.

On February 18, 2011, a jury found Mark Ciavarella guilty of 12 of 39 counts. He was sentenced to 28 years in federal prison on August 11, 2011. He is currently serving his sentence in the Federal Correctional Institution, Pekin , a federal prison with medium security standards. He can only be released after 24 years in prison, i.e. in 2035 at the earliest. He would then be 85 years old.

On September 23, 2011, Michael Conahan was sentenced to 17½ years in federal prison on a guilty plea. He is sitting in the Federal Correctional Complex, Coleman , Florida and cannot expect an early release until 2026 at the earliest.

Proceedings against other parties

Attorney Robert Powell, who co-owned the two private juvenile institutions, pleaded guilty on July 1, 2009 to the failure of a misprision of felony and aiding and abetting of tax evasion in connection with a payment of $ 770,000 to Ciavarella and Conahan in exchange for placing convicted perpetrators in his private facilities. On September 1, 2009, the Pennsylvania Supreme Court suspended Powell's bar license based on his admission of guilt.

Well-known real estate entrepreneur, Robert Mericle, who built the two private juvenile detention centers, pleaded guilty on September 3, 2009 of failing to report a crime to the Court of Justice for paying $ 2.1 million to Ciavarella and Conahan . As part of his confession, he agreed to pay $ 2.15 million for the local child health and welfare program. Mericle could be sentenced to up to three years in prison and face a maximum fine of $ 250,000. But there is also the possibility of one year probation because of his consensual confession.

Sandra Brulo, the former Lucerne County's Forensic Services Assistant Director of the Juvenile Probation Bureau pleaded guilty of obstructing justice in March 2009. Realizing she was being involved in a federal civil lawsuit, she engineered a referral for a juvenile to appear in Luzerne County Juvenile Court in September 2007. In doing so, she backdated the constructed recommendation and changed the official recommendation for execution of detention to a suspended sentence.

Trials of the victims of the scandal

Based on the King's Bench jurisdiction from 1722 , which is only for exceptional cases, the Pennsylvania Supreme Court appointed a special master on February 11, 2009 to review all Ciavarella's judgments affecting juveniles . The judge Arthur Grim by the Court of Berks County for ordinary negotiations ( common pleas ) was appointed as Special Representative, who presented his research in a preliminary report of 11 March of 2009.

On March 26, 2009, the Pennsylvania Supreme Court recognized Arthur Grim's recommendations and ruled that Ciavarella had violated the constitutional rights of thousands of young people. The court also overturned hundreds of adolescents' guilty confessions.

A process for a class action ( class action ) was prepared by the Juvenile Law Center prepared on behalf of the young people who have been convicted of Ciavarella and were not represented by a lawyer or advice in their rights. Regarding Ciavarella and Conahan, the trial investigated which violations of the civil rights portions of the anti-mafia law RICO ( Racketeer Influenced and Corrupt Organizations Act ) had been committed by the wives of the judges and business partners, the shell companies, the prison guards and Lucerne County. Three other lawsuits on behalf of the victims were merged into one class action lawsuit by the Juvenile Law Center . A supplementary main lawsuit was filed on August 29, 2009.

Commission on Youth Law

In the wake of the aftermath of the charges and defendants' submissions, the Pennsylvania General Assembly decided to set up a commission to examine the circumstances of the case law in Lucerne County. The House Bill 1648 set up a commission on youth law in July 2008 with funds from the Subpoena . The commission was composed of eleven members from each branch of the Pennsylvania state organs: four members were from the judiciary, four from parliament, and three were appointed by the governor. The plan for the commission included at least one meeting a month. The aim was to investigate the actions and violations of the two judges and to provide an overview of the situation of the courts of Lucerne County during their tenure. She was asked to hand over the research, recommendations and results to the three areas of government by May 31, 2010. When the law was signed on August 7, 2009, Governor Ed Rendell harshly criticized Ciavarella and Conahan for violating the rights of more than 6,000 young people, denying them basic legal rights and giving them overly inflated sentences. The lives of these young people and their families were forever marked.

Annulment of the judgments from 2003 to 2008

The Pennsylvania Supreme Court overturned Judge Ciavarella's 2003-2008 judgments in late October 2009. In total, the court received 6500 judgments. Around 100 cases were renegotiated.

documentary

The kids-for-cash scandal was dealt with in the 2013 documentary Kids for Cash by filmmaker Robert May. The film received mostly positive reviews.

Web links

• Corruption Probe , The Citizens' Voice , Wilkes-Barre daily newspaper article collection
• Luzerne County Judges , The Times-Leader , Wilkes-Barre daily newspaper article collection
• Lucerne County Update Center , Juvenile Law Center

Individual evidence

1. ↑ ^{a b} Urbina, Ian: Despite Red Flags, Judges Ran Kickback Scheme for Years . New York Times. March 27, 2009. Retrieved May 2, 2009.
2. ^ Thomas Frank: Thomas Frank Says 'Kids for Cash' Incentivizes the Prison Industry , Wall Street Journal . April 1, 2009. Retrieved August 25, 2009. 
3. ^ Ian Urbina: 70 Youths Sue Former Judges in Detention Kickback Case , New York Times. February 26, 2009. Retrieved August 25, 2009. 
4. ↑ ^{a b} Sisak, Michael: Powell pleads guilty . The Times Trubine. July 1, 2009. Retrieved August 26, 2009.
5. ^ ^{A b} Terrie Morgan-Besecker: Judges withdraw guilty pleas . Times Leader . August 25, 2009. Archived from the original on September 1, 2009. Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. Retrieved August 25, 2009. 
6. ↑ ^{a b} Indictment - USA v. Conahan and Ciavarella . September 9, 2009. Accessed on September 12, 2009.  ( Page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.  
7. ^ ^{A b} Terrie Morgan-Besecker: Ex-judges hit with 48 counts . Times Leader . September 10, 2009. Retrieved September 11, 2009.
8. ↑ US Attorney's Office News Release (PDF; 115 kB) September 9, 2009. Retrieved September 10, 2009.
9. ↑ ^{a b} Court tosses Convictions Of Corrupt Judge . CBSnews.com. March 26, 2009. Retrieved May 2, 2009.
10. ^ ^{A b c} Governor Rendell Signs Bill Creating Commission to Probe Juvenile Justice System . Pennsylvania Office of the Governor. August 7, 2009. Archived from the original on September 2, 2009. Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. Retrieved August 26, 2009. 
11. ↑ ^{a b} Juvenile Law Center Files Federal Class Action Complaint on Behalf of Affected Luzerne County Children and Families . Juvenile Law Center. February 26, 2009. Archived from the original on September 1, 2009. Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. Retrieved August 26, 2009. 
12. ↑ Lucerne County . Juvenile Law Center. April 27, 2009. Archived from the original on April 12, 2010. Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. Retrieved May 2, 2009. 
13. ^ ^{A b} Peter Hall and Leo Strupczewski: Judges to Serve More Than Seven Years in Prison After Pleading Guilty in Kickbacks Probe . The Legal Intelligencer. January 28, 2009. Retrieved August 26, 2009.
14. ↑ Leo Strupczewski and Peter Hall: Rumors Intensify About Investigation Into Allegations of Luzerne County Case-Fixing . Pennsylvania Law Weekly. February 9, 2009. Retrieved August 27, 2009.
15. ↑ Terrie Morgan-Besecker: Board: Lokuta violated ethics . Times Leader . November 5, 2008. Archived from the original on September 1, 2009. Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. Retrieved August 27, 2009. 
16. ↑ Terrie Morgan-Besecker: Witnesses back Lokuta claimsoft of conspiracy . Times Leader . August 8, 2009. Archived from the original on August 12, 2009. Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. Retrieved August 27, 2009. 
17. ↑ Terrie Morgan-Besecker: Ruling: Keep Lokuta seat off ballot . Times Leader . March 26, 2009. Archived from the original on September 1, 2009. Info: The archive link was automatically inserted and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Retrieved August 27, 2009. 
18. ↑ ^{a b} Press Release . US Department of Justice for the Middle District of Pennsylvania. January 26th, 2009. Archived from the original on September 1st, 2009. Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Retrieved August 26, 2009. 
19. ↑ UNITED STATES OF AMERICA v. MICHAEL T. CONAHAN and MARK A. CIAVARELLA, JR., Defendants . US Department of Justice for the Middle District of Pennsylvania. January 26, 2009. Archived from the original on February 20, 2009. Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. Retrieved September 12, 2009. 
20. ↑ Urbina, Ian: Plea Agreement by 2 Judges Is Rejected In Pennsylvania . New York Times. July 31, 2009. Retrieved August 27, 2009.
21. ↑ Memorandum and Order of Judge Kosik (PDF; 151 kB) United States District Court for the Middle District of Pennsylvania. Retrieved August 25, 2009.
22. ↑ Leo Strupczewski and Hank Grezlak: Former Pa. Judges Ask for Reconsideration of Rejected Pleas . The Legal Intelligencer. August 21, 2009. Retrieved August 27, 2009.
23. ↑ US Attorney's Office News Release (PDF; 115 kB) September 9, 2009. Retrieved September 10, 2009.
24. ↑ Terrie Morgan-Besecker: Ex-Jurists plea, still free Magistrate judge declines to raise bail. Federal prosecutors see Conahan, Ciavarella as flight risks. . Timesleader.com. September 16, 2009. Retrieved October 5, 2009.
25. ↑ Michael Rubinkam: Pa. judge gets 28 years in 'kids for cash' case. The Associated Press.
26. ^ Federal Bureau of Prisons . Bop.gov. Retrieved July 8, 2012.
27. ↑ Staff Report: Former Luzerne judge Conahan sentenced to 17.5 years - News . The Times-Tribune. September 23, 2011. Retrieved July 8, 2012.
28. ^ Federal Bureau of Prisons . Bop.gov. Retrieved July 8, 2012.
29. ↑ ^{a b} Dale, Maryclaire: Luzerne builder latest to admit guilt in scandal . Associated Press / The Morning Call. August 14, 2009. Archived from the original on September 3, 2009. Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. Retrieved August 26, 2009. 
30. ↑ United States vs. Robert Powell . The United States Attorney's Office, Middle District of Pennsylvania. Retrieved August 25, 2009.
31. ↑ Edward Lewis: Pa. court suspends Powell's law license Action taken as Butler Twp. lawyer awaits sentencing in federal corruption probe. . Timesleader.com. September 2, 2009. Archived from the original on February 24, 2012. Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. Retrieved September 6, 2009. 
32. ↑ United States vs. Robert K. Mericle . The United States Attorney's Office, Middle District of Pennsylvania. Retrieved August 27, 2009.
33. ↑ Morgan-Besecker, Terrie: Mericle pleads guilty . Times Leader . September 3, 2009. Archived from the original on September 7, 2009. Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. Retrieved September 3, 2009. 
34. ↑ United States vs. Sandra Bruno . The United States Attorney's Office, Middle District of Pennsylvania. Retrieved August 25, 2009.
35. ↑ AOPC Chief Counsel Testifies on “King's Bench” Authority as an Important Safety Valve . Administrative Office of Pennsylvania Courts. August 3, 1995. Archived from the original on October 16, 2011. Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. Retrieved August 27, 2009. 
36. ↑ Terrie Morgan-Besecker: Judge picked to review Ciavarella juvenile cases . Times Leader . February 12, 2009. Archived from the original on September 1, 2009. Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. Retrieved August 27, 2009. 
37. ↑ Arthur Grim: First Interim Report and Recommendations of the Special Master . Supreme Court of Pennsylvania. March 11, 2009. Accessed on August 27, 2009.  ( Page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.  
38. ↑ Jennifer Learn-Andes: Juvenile records to be erased . Times Leader . March 27, 2009. Archived from the original on April 6, 2009. Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Retrieved August 27, 2009. 
39. ↑ Text of the Racketeer Influenced and Corrupt Organizations Act at Cornell (English)
40. ↑ Juvenile Law Center Adds Luzerne County as a Defendant in Federal Class Action Lawsuit . Juvenile Law Center. April 27, 2009. Archived from the original on September 1, 2009. Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Retrieved August 26, 2009. 
41. ↑ Michael Sisak: Attorneys agree to a consolidated lawsuit against Ciavarella, Conahan . The Citizen's Voice. June 11, 2009. Accessed on September 6, 2009.  ( Page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.  
42. ↑ Amended Master Complaint . August 27, 2009. Archived from the original on September 21, 2010. Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. Retrieved September 9, 2009. 
43. ^ House Bill No. 1648 . The Pennsylvania General Assembly. June 25, 2009. Retrieved August 26, 2009.
44. ^ Robert Swift: Juvenile justice commission's first meeting set for next week . Wilkes-Barre Citizen Voice. August 21, 2009. Archived from the original on September 2, 2009. Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. Retrieved August 26, 2009. 
45. ^ Democratic leaders name nationally recognized expert to Interbranch Commission on Juvenile Justice . Pennsylvania House Democratic Caucus. August 17, 2009. Retrieved August 28, 2009.
46. ^ Robert Swift: Rendell to sign legislation creating corruption commission . Wilkes-Barre Citizen Voice. August 7, 2009. Archived from the original on September 2, 2009. Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. Retrieved August 26, 2009. 
47. ^ State's high court dismisses juvenile convictions, Pittsburg Post-Gatezette, October 30, 2009
48. ^ Kids for Cash in the Internet Movie Database
49. ↑ Kids for Cash at Rotten Tomatoes