Pennsylvania: Meadows trial canceled

Trial canceled in $430,000 theft from Meadows Casino

Two Swissvale men arrived at the Washington County Courthouse Monday in anticipation of jury selection for their trial on charges they swindled nearly $430,000 from the Meadows Racetrack & Casino in 2009.
But, by day's end, one of the men was en route to Las Vegas to face federal charges, and the other man pleaded guilty to his role in the Meadows plan.

Andre Michael Nestor, 39, and his roommate, Kerry Laverde, 51, were set to face trial on more than 650 felony counts each of theft, receiving stolen property, criminal conspiracy, computer trespassing and other charges. They were accused of using a software glitch in a slot machine at the casino to generate false jackpots.

However, FBI agents arrested Nestor early in the morning as he waited for jury selection to begin before Judge Janet Moschetta Bell. He was immediately taken from the courthouse by federal agents.

Although details of the Nevada allegations against Nestor were not released, District Attorney Steven Toprani said it was his understanding that Nestor was likely part of a larger scheme in Nevada that resulted in the theft of more than $1 million.
The trial for which a special panel of 61 potential jurors had been summoned was subsequently put on hold pending plea negotiations between Toprani and Laverde's attorney, Patrick Thomassey. A deal was subsequently reached, and at 1:30 p.m., Laverde appeared before Moschetta Bell and pleaded guilty to three misdemeanor counts of receiving stolen property.

In exchange for his plea, Laverde was sentenced to three years of probation and ordered to forfeit all money that was seized by police from lock boxes and bank accounts that he had in his name and at the house he shared with Nestor. Laverde also forfeited a vehicle that he purchased in 2009 using money that was stolen from the casino.

Toprani, Thomassey and Meadows Casino vice president and general manager Sean Sullivan told the judge that the seized money and the vehicle covered full restitution for the theft that totaled $429,945.

Sullivan also said he was satisfied with the plea arrangement. "I'm proud to see this justice served and to move forward," he stated.

Prior to the sentence being issued, Thomassey told Moschetta Bell that he believed the plea arrangement was fair, especially since Laverde "was not the driving force in this case."

The men were arrested following indictment by the Washington County grand jury.

The men visited the North Strabane Township casino 14 times over two months beginning in June 2009, posing as "high rollers."

According to the grand jury presentment, Nestor was the central figure in the scheme, first arriving at the casino June 22. Over the next two months, he represented himself as a legitimate player and gained casino employees' trust by giving sizable tips and being courteous to staff.

Laverde, who formerly was employed as a police officer in Swissvale, posed as security for the seemingly wealthy Nestor and wore a policeman's badge when dressed in plain clothes.

A third man charged in the theft, Patrick Loushil, 43, of Brookline, pleaded guilty last week to a misdemeanor charge of unsworn falsification and was set to testify against the other men in exchange for probation. More than 300 criminal charges against him were dropped.

The presentment said Loushil's involvement was as an accomplice to the theft and fraud in that he claimed false jackpots for Nestor and collected a substantial amount of money on Nestor's behalf, even signing IRS W-2 forms evidencing his receipt of funds.

Officials said the trio played a variety of machines at the casino but drew their fraudulent winnings from a single "Draw Poker" video slot machine. They were able to cause a casino slot technician to unwittingly adjust the machine's software. Casino employees on duty at the time did not notice the adjustment, and the machine was available and open for public play.

Thomassey commended Toprani for his handling of the case, especially since there was no Pennsylvania statute specifically dealing with such a crime. Having been a district attorney in Allegheny County and having grand jury experience, Thomassey suggested to Toprani that the grand jury file a report and send it to the Legislature so that it may come up with laws dealing specifically with casino crimes of this sort. [Pennsylvania legislators passed legislation at midnight on the Fourth of July which contains other omissions, including their failure to address children being left in vehicles.]

Toprani responded by stating that the Senate began making changes to the law following the county's investigation. "They've made positive changes. And we are better for that," he said.