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Saturday, June 11, 2011

Sharkey gets 10 months in prison

Courthouse scandal Ex-court administrator took $70,000 in gambling cash meant for county

Sharkey gets 10 months in prison
By Terrie Morgan-Besecker
Law & Order Reporter

SCRANTON – Lamenting the “culture of corruption” that permeated Luzerne County , a federal judge on Wednesday sentenced former court administrator William Sharkey to 10 months in prison for stealing more than $70,000 in illegal gambling proceeds that were supposed to be turned over to the county.

Former Luzerne County Court Administrator William Sharkey was sentenced Wednesday at the Federal Courthouse in Scranton to 10 months in prison for stealing more than $70,000 in county money.

The sentence, imposed by U.S. District Judge Edwin Kosik, was at the high end of federal sentencing guidelines, which had called for a sentence of six to 12 months in prison.

Sharkey, 59, of Hazleton, pleaded guilty in February 2009 to pilfering money seized from illegal gambling operations by agents with the state Bureau of Liquor Control Enforcement. The money was supposed to go to a special fund for the purchase of equipment for law enforcement agencies.

Federal prosecutors said that once Sharkey received the money, he would seek a court order directing the funds be forfeited to the fund.

The problem, prosecutors said, is Sharkey never filed the court order. That meant no one, other than him, knew of the money’s existence, allowing him to divert it for personal use.

Rationalization offered
Sharkey’s attorney, Bruce Miller, said he believes the source of the funds played some role in helping Sharkey rationalize the thefts, which authorities say occurred over a 10-year period.

“There is no easy answer to why Bill did what he did,” Miller said during the hearing. “Perhaps the theft was easy to rationalize because it was not money taken directly from people. It was money from illegal gambling.”

Miller had urged Kosik to depart below the guideline range and sentence Sharkey to probation, saying Sharkey has already paid a steep price for his misdeed. He lost his job, his pension and his reputation in the community.

“Bill Sharkey has nothing,” Miller said. “He will be remembered as a felon, rather than for the good deeds he did in the community and as court administrator.”

Sharkey has also acknowledged he has an alcohol problem, which Miller said clouded his judgment and contributed to the poor decisions he made.

He has since undergone treatment for addiction and has taken steps to right his wrong. In addition to pleading guilty, he has agreed to forfeit roughly $50,000 of contributions he made to his pension to repay the money he stole.

He has also cooperated with federal agents in their investigation of other wrongdoing within the county, Miller said. That cooperation is believed to have played a role in the nearly 1�-year delay in his sentencing.

Assistant U.S. Attorney Gordon Zubrod confirmed Sharkey was instrumental in the prosecution of a “third party,” whom Zubrod did not identify. Sharkey also was prepared to testify at the corruption trial of former Judge Mark Ciavarella, but the prosecution opted not to call him, Zubrod said.

Sharkey offers apology, thanks
Kosik acknowledged Sharkey’s cooperation and expressed sympathy toward Sharkey for his personal issues. But he said he felt obligated to impose a period of incarceration given the circumstances of the case.

“Everybody is subject to the frailties of being a human,” Kosik said. “I can’t, in light of the culture of corruption that permeated everything in Luzerne County ... impose a total sentence of probation.”

In brief comments to the court, Sharkey apologized to his family, his former co-workers and the citizens of Luzerne County. He expressed particularly thanks to residents of lower Luzerne County, “who have always opened their hearts to myself and my family.”

In addition to the prison sentence, Kosik ordered Sharkey to pay $70,362 in restitution to the county.

Sharkey was permitted to remain free pending his report date, which is set for Aug. 1.

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