cover of episode 10. The Judges (Kids for Cash)

10. The Judges (Kids for Cash)

2018/4/15
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知名游戏《文明VII》的开场动画预告片旁白。
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史蒂夫·厄本:简要提及联邦政府调查宾夕法尼亚州联合县的腐败问题,为后续事件的背景铺垫。 格雷格·斯克雷佩纳克:作为卢泽恩县专员,他卷入受贿丑闻,但声称自己无罪,最终被判刑。他的一些行为,例如投票关闭县属疗养院,在他看来是为公众利益服务的,但这些行为也与案件的整体腐败环境有关。 马克·奇瓦雷拉:作为法官,他被指控接受数百万美元的贿赂,以换取对少年施加严厉的判决,以增加私人少年拘留中心的入住率。他最初否认指控,但在庭审中承认逃税,并最终被判刑。尽管他被定罪,但部分罪名后来被推翻,这引发了受害者家属的强烈不满。 迈克尔·科纳汉:作为法官,他与奇瓦雷拉共同参与了受贿和滥用职权的犯罪行为。他与奇瓦雷拉一起接受贿赂,并通过关闭县属少年拘留中心,为私人少年拘留中心的发展创造了条件。 罗伯特·鲍威尔:作为律师,他参与了少年拘留中心的建设和运营,并向法官行贿。他最终认罪并同意作证,这在案件调查中发挥了关键作用。尽管他配合调查,但他的判决仍然受到受害者家属的批评,认为其刑罚过轻。 罗伯特·米拉科尔:作为开发商,他向法官行贿以获得少年拘留中心的建设合同。他最终认罪并被判刑。 桑迪·冯佐:作为受害者爱德华·卡奇科夫斯基的母亲,她对司法的不公正感到愤怒和绝望,她的儿子因法官的判决而走上不归路,最终自杀身亡。她对法官的判决结果表示强烈不满,并对司法系统失去了信心。 贝纳丁·华莱士:作为受害者之一,她希望法官为自己的行为道歉,并对司法的不公正表示不满。 拉库塔法官:对奇瓦雷拉的判决表示肯定,认为这是对卢泽恩县人民的正义。 美国律师戈登·祖布罗德:在奇瓦雷拉的量刑听证会上,他要求对奇瓦雷拉判处终身监禁,认为奇瓦雷拉的行为是严重的犯罪行为。

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The episode explores the pervasive corruption in Luzerne County, Pennsylvania, which led to numerous public officials, including judges, being involved in financial schemes. This environment facilitated the 'Kids for Cash' scandal where judges accepted kickbacks for imposing harsh sentences on juveniles, leading to high occupancy in for-profit detention centers.

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This podcast is supported by FX's English Teacher, a new comedy from executive producers of What We Do in the Shadows and Baskets. English Teacher follows Evan, a teacher in Austin, Texas, who learns if it's really possible to be your full self at your job, while often finding himself at the intersection of the personal, professional, and political aspects of working at a high school. FX's English Teacher premieres September 2nd on FX.

That's the voice of Luzerne County Commissioner Steve Urban from 2009. He's referring to an effort by the federal government to expose and correct the widespread corruption problems that continue to plague Pennsylvania's co-counties.

Northeastern Pennsylvania has been considered one of the most corrupt regions of the United States since the 1920s. The area has been infected with bribery, racketeering, cronyism, nepotism, and other abuses of power at essentially every level of government. The pervasiveness of the corruption in Northeastern Pennsylvania has always been somewhat of an open secret. During his 20-year tenure as mayor of Chicago,

Richard Daley referred to the area as the, quote, political brothel of America. In 2009, the FBI charged more than two dozen public officials in Luzerne County alone for an assorted array of financial schemes. A school superintendent, multiple courthouse officials, five school board members, and other county officials were all involved in corruption scandals, most of them involving small cash transactions or accepting gifts or bribes.

One of the men indicted in the federal probe was Commissioner Urban's cohort, Greg Skrepenak. It is my belief that the system is supposed to assist in helping these people live the American dream and not make it into a nightmare. Skrepenak was elected to serve as a Luzerne County Commissioner in 2003 after retiring from an unspectacular career in the National Football League. He branded himself a reformer who promised to fight for the little guy.

He claimed to be different than those career politicians who busied themselves with misspending taxpayer dollars and blowing hot air. He was going to tackle, no pun intended, the real problems facing Luzerne County, like gang activity and community development. But soon after being re-elected to a second term, Skrepanak found himself in hot water with greasy palms, a position familiar to many who have held public office in coal country Pennsylvania.

It was revealed that Greg Skrepanak had accepted a total of $70,000, including a $5,000 reduction in closing costs for a townhouse he purchased and a housing project named Jenkins Township. In exchange, Skrepanak agreed to vote yes to pass legislation allowing the use of tax revenue to fund infrastructure related to the same housing development that he had just moved into. Greg Skrepanak announced his resignation on December 17, 2009, and maintained that he did nothing wrong.

He said the $5,000 reduction in closing costs wasn't a bribe, it was just a gift. And if it was wrong to accept that gift, well, he just didn't know any better. He told the Associated Press, quote,

Greg Skrepenak pleaded guilty to accepting a bribe, and he was sentenced to 24 months in federal prison.

I'm happy about today and I can move on with the rest of my life now. Not too happy about the sentence, I think it's pretty severe, but it's what the judge thought, it's what the people wanted, I can accept that, God willing, we'll move on and like I said, start the rest of my life. Ray, is it daunting to be facing prison on August 30th though, to be, you know, sequestered from society for two years? I don't, I certainly wouldn't want to go, I didn't want to go to prison.

When he was released from prison, Greg Skrepenak returned home to Luzerne County, and there wasn't much waiting for him. The townhouse in Jenkins Township had been seized by the bank. His entire NFL pension was used to pay legal fees. His health was in decline due to the physical toll of a football career and a poor diet. But he was in good spirits, telling the Wilkes-Barre Times-Leader newspaper that he felt his best contributions were yet to come.

Greg Skrepanak is disappointed that his political career will be remembered for the bribery scandal, but he is able to sleep at night knowing that some of the difficult decisions he made improved a life for everyone in Luzerne County, like voting to close down the county-owned nursing home where his sister worked to cut costs.

He also highlights the county's implementation of a personnel policy that he helped design and a financial software tracking program that he helped launch as two ways he contributed to the public good during his time in office. Yet seemingly absent from his list of accomplishments is a decision that he made about five years before his resignation as commissioner of Luzerne County.

Skrepanak, along with fellow commissioner Todd Vonderheide, ignored warnings from state auditors and gave final approval to a $58 million, 20-year lease for a juvenile detention facility which was to be built in Pittston, Pennsylvania. The same juvenile detention facility that would soon be at the center of a scandal that dominated national headlines.

The same probe that landed Greg Skrepanak and others in jail was also responsible for uncovering the largest judicial corruption scandal in American history. Two judges are accused of accepting millions of dollars in kickbacks to keep a private prison filled to capacity with children on this episode of Swindled.

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Juveniles are committing serious violent crimes. In a recent 10-year period, the number of murders by teens aged 14 to 17 rose an astonishing 165%. As judge, if given the opportunity to try a juvenile offender as an adult, I will. If you're a teen and convicted of murder, rape, or violent crimes against our children or the elderly, you can expect that I will impose the maximum sentence allowed by law. Mark Civarella, a judge to protect all of us.

Mark Chivarella grew up in Luzerne County, Pennsylvania. He left for a couple of years to study law at a Catholic university in Pittsburgh, but he returned immediately upon graduating in 1975 to begin his career as a lawyer. After spending a few decades in private practice, Chivarella decided to run for judge of Luzerne County in 1995. His campaign, which focused heavily on juvenile offenders, was successful, and he was elected to the first of what would be two tenured terms as a judge.

Once elected to the bench, Chivarella made fast friends with then-President Judge of Luzerne County, Michael Conahan, and an attorney named Robert Powell. The three men and their families would often vacation together, sharing use of a condo in Florida and a yacht named The Real, spelled R-E-E-L, Justice. With the help of his friends, Chivarella had no problem adapting to the culture of the Luzerne County justice system.

His friends even gave him a nickname, Mr. Zero Tolerance, a reference to his campaign promise of imposing harsh sentences on juveniles, a campaign promise that Chivarelli quickly fulfilled. He traveled to every school in the county to deliver a warning of zero tolerance to the students and a promise to lock them up if they ever appeared before him in a courtroom. Chivarelli felt the no-nonsense approach to juvenile sentencing was required in post-Columbine America.

And the school administrators supported it. Because everybody loved it. The schools absolutely loved it. They got rid of every bad kid in their school. When I was in school, if you threw a spitball, maybe you went to the principal's office and sat for a couple periods. The last couple years, if you threw a spitball, they got the police, and you ended up in juvenile court and get sent away. Parents knew that when they walked into Chivarella's courtroom with their kids, they would be walking out alone.

It didn't matter to Chivarella if the charges were as major as stealing a car, or as minor as stealing a toy car. Hard time would be imposed. Children were pulled from their homes and schools, ankles and wrists shackled like an inmate on death row. The proceedings were brief, some lasting less than 60 seconds, and defendants were given no time to speak. Over half of them lacked legal representation.

The harshness of the sentences varied wildly, especially if the Penn State football team had lost that weekend. In one case, Judge Chivarella told a 14-year-old boy to turn around and count the number of birds perched on the ledge of a courtroom window. The boy counted to six, and Chivarella sentenced him to six months of detention, one for every bird. The schools had a lot of influence in...

initiating complaints into the juvenile system. We were faced with what occurred at Columbine. And I think there was a reaction across the country and probably the world that you need to get tough with these kids. Over 6,000 kids had stood in front of Mark Chivarella, some as young as 10 years old, most of them first-time offenders. The nation was understandably shaken after the Columbine school shooting.

But was this policy really a reaction to that singular event? Or was there something more sinister behind Mark Chivarella's approach to justice? It was in June of the year 2000 when attorney Robert Powell approached his friend Mark Chivarella and shared his plans to build a private juvenile detention center in Luzerne County. Powell had the funding, but he needed someone to build it. Coincidentally, Mark Chivarella knew a guy who knew a guy who would be perfect for the job.

It was a friend of Michael Conahan's, a prominent real estate developer named Robert Miracle. Conahan introduced Robert Miracle to Mark Chivarella, and Chivarella introduced Robert Miracle to Robert Powell. And before long, the construction of PA Child Care, the first privately owned juvenile detention center in Luzerne County, was breaking ground. Robert Miracle was so grateful for the contract that he offered a finder's fee of $2 million to Judge Mark Chivarella.

Chivarella, a former lawyer and current judge, claims he was hesitant to accept the money because he was unsure of the legality of such a transaction. Robert Miracle assured Mr. Zero Tolerance that there was nothing to worry about. Paying finder's fee was common practice in the developer industry. Mark Chivarella couldn't believe his luck. Quote,

Shivarela raced upstairs of the courthouse to share his luck with President Judge and vacationing buddy Michael Conahan. Shivarela told Conahan the story of how he introduced Robert Powell, the lawyer, to Robert Miracle, the developer, and how Robert Miracle had given him a $2 million finder's fee for the introduction. Shivarela then offered half of the finder's fee to Michael Conahan because, quote, "...he was the one who made it all happen." It's unclear what exactly Mark Shivarela is referring to when he says Michael Conahan made it all happen.

But one thing's for certain, Michael Conahan certainly helped make it happen. Besides introducing Miracle to Shavarella, in January 2002, as president judge, Michael Conahan signed an agreement to house juveniles at the new facility, paying $1.3 million in rent per year.

By September 2002, the construction of the facility neared completion, which just happened to coincide with the closing of the county-owned juvenile detention center, which Michael Conahan had discontinued funding. And in 2004, Luzerne County Commissioners Greg Skrepenak and Todd Vonderheide granted a 20-year, $58 million lease to PA Child Care, where more than 3,000 children would be incarcerated at the behest of Mark Chivarella.

3,000 children whose lives would never be the same. Children like Justin Bodnar, a student who was involved in a verbal altercation with another student's parent at a bus stop. He was in and out of the juvenile detention center for six years. Or Charlie Balasavage. He was gifted a dirt bike from his parents, who didn't know it was stolen. He was locked up for almost five years for receiving stolen property. Or Edward Kaczykowski Jr., a high school wrestler whose talent put him within reach of a collegiate scholarship.

According to Edward's parents, who had separated when he was a baby, he started hanging out with a rough crowd during his junior year of high school in 2003. He was partying a lot and drinking and staying out way past his curfew. Fearing that Edward was on a path that would jeopardize his future as a collegiate wrestler, Edward's father, Edward Kienzikowski Sr., devised a plan to scare his son straight. Edward Sr. planted a marijuana pipe in his son's car and alerted a friend that was on the local police force to confront his son at a party.

The cops arrived, searched Ed Jr.'s vehicle, found the pipe, and arrested him. Everything was happening according to plan. Ed Sr. had been told by his cop buddies that Shivarela was a good man who would give Ed Jr. a good scare, a slap on the wrist. Except Shivarela's version of a slap on the wrist turned out to be a six-month stay at the private prison housed with gangsters and murderers. Edward's mother, Sandy Fonzo, fought tirelessly for her son's release.

She collected letters from Ed's teachers and coaches that testified to his character, and she sent them to Judge Chivarella, and she never received a response. So Ed remained behind bars for his entire sentence. Edward missed his entire senior year of high school. His wrestling career was dead, as was his dream of accepting a scholarship to some faraway school and getting the hell out of Luzerne County for good. When he was finally released, Edward was angry and bitter.

He completely distrusted authority and the justice system. His drinking became worse and he started to display aggressive and violent behaviors. Five days before his 18th birthday in 2004, Edward drunkenly beat another man using his fists and a rock. Instead of standing in front of Chivarella again to face the consequences of his actions and for violating his probation, Edward ran away from home and fled Luzerne County.

Edward returned to his hometown almost two years later. He was 20 years old. He had a new job and a new girlfriend, and his life seemed to be back on track, but it didn't last for long. In 2006, he was involved in a minor car accident, and when the police arrived and discovered that there was a warrant out for his arrest related to the assault from a few years earlier, he was arrested. His probation was revoked, and he returned to the juvenile detention facility for another six months stay.

After serving his time, Edward found himself in more trouble just a few months later. He had gotten into a fight at a party and brutally beat three men so severely the two of them had to undergo reconstructive facial surgery. There are conflicting reports regarding the incident. Some say Ed was jumped by the three men and he had defended himself. Other witnesses claim that Edward blew a gasket and attacked the men unprovoked. Ed was tried as an adult and spent almost three years in a state prison.

His mother Sandy says that the adult prison system was the final straw. Quote, Six months after his release from prison, Edward Kaczykowski Jr. walked into the woods to his family's cabin and shot himself in the heart. He was 23 years old.

Hillary Transu found herself standing in front of Judge Chivarello when she was 15 years old. She and her mother declined a legal representation because they were promised that if she cooperated, everything would be fine. At most, she expected to receive probation or community service. After all, what Hillary did was a harmless joke. In 2007, Hillary and her friends had created a parody MySpace profile for the vice principal of their high school.

The About Me section of the profile read, The link to the profile was passed around Hillary's school, and eventually the principal caught wind of it.

The profile was traced back to Hillary and instead of detention or suspension, the police were called and Hillary was arrested. Hillary's hearing with Chavirelli lasted less than a minute. She remembers him staring down at her and asking with disgust, "What makes you think you can get away with this crap?" As soon as she opened her mouth to defend herself, the gavel slammed. She was handcuffed and taken away to jail. Hillary claims that the sound of her mother screaming is what she remembers most about that day.

As soon as she left the courtroom, Hillary's mother began making phone calls frantically searching for anybody that could help. Eventually, she was directed to call a juvenile rights advocacy group in Philadelphia called the Juvenile Law Center. The JLC filed a petition seeking Hillary's release, and she was set free three weeks later. The story told to the Juvenile Law Center by Hillary Tran Su's mother was a familiar story, one that the JLC had heard dozens of times in recent years.

about a child in Luzerne County without a lawyer being sentenced to juvenile detention for months, sometimes years, for petty transgression. This familiar story always had one common element: Mark Chivarella. The JLC launched its own independent investigation of the Luzerne County juvenile judicial system, and what they found was startling. There had been hundreds of cases in Chivarella's court that had been tried without proper counsel.

Juveniles who appeared in court in Luzerne County were 10 times more likely to not have a lawyer compared to the rest of the state. The rate of juvenile incarceration in Luzerne County was twice as high as neighboring counties. The JLC continued to investigate before eventually receiving a call from the FBI who were performing their own corruption investigation in Luzerne County.

The JLC shared what it had discovered, prompting the FBI to obtain a search warrant, which it used to seize records from the Luzerne County Courthouse. This office has filed a two-count criminal information charging President Judge Mark A. Chivarella and former President Judge Michael T. Conahan. The judges have been charged in this criminal information with conspiring together

to impede the Internal Revenue Service in its collection of taxes. And the judges have been charged together with having devised a scheme to defraud the citizens of Luzerne County and the people of Pennsylvania of their right to honest services by judges by concealing the receipt of more than 2.6 million dollars.

These payments were made to the judges, it is alleged, in return for discretionary acts by the judges favoring these businesses. Acts relating to the construction, expansion, operation of these juvenile facilities and acts relating to the placement of juveniles in these facilities.

The charges levied against Mark Civarella and Michael Conahan alleged that the two judges acted in an official capacity to assist in the construction of two juvenile detention facilities co-owned by attorney Robert Powell and built by Robert Maracle in exchange for $2.6 million. And instead of claiming the $2.6 million on their income tax returns, the two judges attempted to conceal the payment as rental income from their condo in Florida

which resulted in the charge of impeding the IRS in its collection of taxes, also known as tax evasion. The judges were also charged with defrauding the citizens of Luzerne County of their right to honest services for not disclosing that they had accepted money from the private juvenile detention center. On February 13th, 2009,

Both Mark Chavariella and Michael Conahan, pursuant to a plea agreement, pleaded guilty to honest services fraud and conspiracy to defraud the United States. The plea agreement called for both judges to pay fines and restitution, serve up to seven years in prison, and ultimately accept responsibility for their crimes, something which they could not seem to do. Chavariella and Conahan continued to deny their crimes publicly even in the face of overwhelming evidence.

Therefore, their conduct did not satisfy the terms of the agreement. So on July 30th, 2009, federal judge Edwin M. Kosick of Scranton rejected the plea agreement, forcing the two judges to withdraw their guilty pleas. Long story short, this case was headed to a jury trial.

And this time, Mark Chivarella and Michael Conahan would be on the other side of the bench. Chivarella and Conahan were previously accused of orchestrating what's been called one of the worst judicial scandals ever.

ever. But their plea deals bottomed out. Now the U.S. Attorney's Office has filed a whole new case. In February, Conahan and Chivarella pleaded guilty to honest services fraud and were set to go to prison for seven years. In July, a federal judge knocked that plea deal right off the table. Conahan was called an obstructionist.

and the federal judge claimed shivarella denied his role in making cash off of imprisoning kids they're now charged with money laundering bribery extortion fraud racketeering and federal tax violations developer robert miracle and attorney robert powell were also facing criminal charges

Miracle pleaded guilty to failing to disclose a felony because he did not tell a grand jury that he had paid $2.1 million to Chavariella and Conahan in exchange for their help in securing the private facility contract. As part of his plea agreement, Miracle was forced to pay a $250,000 fine and he agreed to donate about $2 million to local children's health and welfare programs. Miracle served a total of one year in prison and he was released in 2015.

On July 1st, 2009, Robert Powell, the attorney who co-owned the juvenile detention facility, pleaded guilty to the charges of failing to report a felony and to being an accessory in the tax evasion conspiracy. It was discovered that Powell had stuffed cash into FedEx boxes and had them delivered to Michael Conahan's office. Prosecutors allege that he concealed his knowledge of the kickbacks and did nothing to inform authorities of the scheme until his name came up in the investigation.

Eventually, Robert Powell agreed to wear a wire, and he recorded conversations he had with the judges, an act that Assistant U.S. Attorney Gordon Zubrod described as, quote, instrumental in the investigation. Robert Powell was sentenced to 18 months in federal prison. I want to first apologize to my friends and my family and the people in this county, in Northeastern Pennsylvania, for what they're trusting me. I let them down.

And for that, I will forever be sorry. I'm grateful to have had the opportunity to come here and tell the truth. And that's about it. Many of the parents of the children involved considered Robert Powell's sentence to be a little light and were dissatisfied that he got off so easy for cooperating. Here's Sandy Fonzo, the mother of Edward Kinzikowski. What did you think when you heard the defense attorney saying that he had given

He tried to wrong all the rights. Yeah, that's just absolutely ridiculous. I'm shaking just hearing it. He did absolutely nothing until he knew he was under investigation. His role was just as important as every other one of their roles. They all had to do their part to make sure this happened. And he played a very vital role in making sure that...

that this corruption occurred and he's just as guilty as every other one of them. Sandy, I saw you shaking your head as the defense attorney was reading all the hours that he and his family went. Yeah, and that's, you know, I've seen this man, I'm sorry, but I've worked in restaurants putting myself through school, that I've seen him frequent along with all these other, and I've seen him in action. He suffered at a

Mark Chivarella and Michael Conahan pleaded not guilty to the 39 charges levied against them.

They remained free on $1 million bail, which didn't sit well with the prosecution, who felt that the seriousness of the allegations and the efforts by the defendants to shield their assets necessitated stricter bail conditions. The lead-up to the trial was covered exhaustively by the local and national media. The public, especially in Luzerne County, was in an uproar. Everyone wanted answers.

Former juvenile inmates who had been pawns in the judge's scheme to get rich waited anxiously for the trials to begin, to hear justification or an explanation or an apology. They waited for anything that could make sense of what had happened to them.

This is Bernadine Wallace. She spent a month in lockup for posting a threatening message on the internet. I would like him to apologize to especially me and other people that he put away. And just tell him that he's very wrong and he's a cruel person for doing that to everybody. To all the kids that didn't really deserve it. Mark Ciparella's trial began in February 2009. He denied the allegations that he accepted cash in exchange for locking children up to boost residency numbers at the private facilities.

Chavariella argued that his involvement with the detention center was as a private citizen of Luzerne County, not as a judge. Quote, In response, the prosecution played video of news interviews with Chavariella in which he describes the poor conditions of the county-owned juvenile facility that Michael Conahan defunded and subsequently closed.

interviews that were filmed in the judges chambers. Interviews in which Mark Cervarella frequently referenced his job as a judge. However, Cervarella did admit to tax fraud while on the stand saying quote, "I will tell you I filed a fraudulently tax return in 2005. I knew it wasn't rental income. If you want to classify that as a lie, I'll agree with you." He also testified that he never questioned the legality of the finder's fee he received from Robert Miracle

But he just didn't want it available for public scrutiny. Quote, No, I didn't want that to be known.

Chavariella also admitted to living well beyond his means, telling the courtroom how he spent over $300,000 within days of receiving the payment from Miracle, and how he spent almost $470,000 in a single year, $15,000 to $20,000 of which were funds he had pocketed from his 2005 campaign. One of the most notable moments of the trial came when Robert Powell took the stand to testify against Chavariella.

Powell claimed that Chavariella and Michael Conahan extorted him. He said the judges badgered him for more money and that they flaunted their relationships with politicians and mobsters as some sort of warning. Robert Powell claims that he refused to hand over any money and that he sailed his yacht to Costa Rica in 2005 to get away from the judges and the Florida condo. Robert Powell's testimony was dismissed as nonsense by Mark Chavariella, who posed the rhetorical question, quote,

That was true. Robert Powell and the two judges and their lawyers agreed to cooperate on their defenses. Chivarella also pointed out that Powell and his family were, quote, As for the yacht...

Shivarela testified that Powell moved the yacht to Costa Rica because he had purchased a smaller boat to use at the Florida condo, and he gave keys to both himself and Conahan. Shivarela testified that Robert Powell was a friend and that there was no hostility between them, saying, quote, If you consider showing up at Mike Conahan's house and drinking a lot of martinis hostility, then there was a lot of hostility. Disappointed for you to come back today, President?

Is it tough all the waiting? Seven and a half, eight hours of waiting up there? Mrs. Chivarola, how are you doing? I'm doing okay. Moving up. Supporting my husband. It's the worst nightmare that you can even make for your family. I don't wish you on anything like that. Are you praying on your family?

The jury convened for several days and on February 18th, 2011,

Mark Chivarella was convicted of 12 of the 39 charges, including racketeering, honest services mail fraud, tax evasion, and conspiring to launder money. He was acquitted of the extortion and bribery charges, which was a victory in the eyes of Chivarella and his defense team. Chivarella was also allowed to go home until his sentencing day, which was scheduled for 60 days later, and on an unreasonably warm February day,

Shivarela and his lawyers walked out of the courtroom and stood on the steps of the courthouse and addressed the media. We're amazed. The jury rejected 95% of the government's case.

They obviously did not believe Robert Powell. They obviously did not believe Joe Moran. They rejected a large portion of the case, even with regards to Robert Miracle. They rejected most of the theories regarding kickbacks and bribes. The government really got hurt today on this entire case. And it stands for the proposition that what Mark Chivarola said all along was true. He never took a kickback, he never took a bribe, and he never extorted Robert Miracle.

and the government affirmed him on all three things. This is not a cash for kids case and we hope somebody starts getting the message. My kid's not here anymore. My kid's not here. He's dead. He got some hair. He ruined my fucking life. I'd like him to go to hell and rot there for him.

No, you know what he told everybody in court? They need to be held accountable for their actions. You need to be. Do you remember me? Do you remember me? Do you remember my son? An all-star wrestler? His son, his son is something to heart. You scumbag! You ruined my fucking life! Somebody better do something with him! He's going home to his frightening daughter! Are you kidding me? Are you kidding me?

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Sandy Fonzo, still coping with the death of her son, Edward, could not believe that Mark Shavarella was allowed to return home. She made her way through the crowd of reporters, tapped him on the shoulder, and berated Shavarella to his face while he sheepishly stared straight ahead, refusing to look at her. Reporters caught up with Sandy immediately after the altercation. You know I'd kill them if I could.

My son died of a heart because he never was the same. Never! He ruined our lives. He was a good kid. I hate him. I don't know. Why? Was I going to bring him back?

No, the only thing, there's no justice because he'll never get my sins. You know the pain that I'm in every day of my life? There's no justice unless he fucking dies. And is this the kind of explosion you had today? No, I came here because I thought the court-martials were going to take him out in handcuffs, and that's what I wanted to see. I could have been thrown out the first day. I can't stand to even look at him. I hate him.

my whole life is ruined if i could i swear to god this is a joke there's no justice ever ever if there's somebody stolen blood for bread they'd be going to jail this is ridiculous that's your son he was my son he was my son candy what happened i don't have kids now i don't have anything i'm not a father i have nothing

Mark Chivarella spent the final days of his freedom before a sentencing hearing, working 14-hour days performing a series of odd jobs like towing cars, painting apartments, delivering flowers, cleaning rugs, etc.,

He needed the money, and it kept his mind off the impending doom. In an exclusive interview with Joe Holden of WBRE Eyewitness News, Chivarella expressed regret for his actions, saying, On August 11, 2011, the courtroom was packed with Mark Chivarella's friends and family, hoping for leniency in his sentence.

The courtroom was also full of juveniles who were imprisoned by Chivarella, who wished him nothing but the worst because Mark Chivarella had not offered any mercy when he had sent them to jail. Before the sentence was handed down, both the prosecution and the defense were given the opportunity to make a final statement. U.S. Attorney Gordon Zubrod argued for a sentence that would send Chivarella to prison for the remainder of his natural life, saying, quote, The defendant argues he didn't sell juveniles retail,

We agree with that. He was selling them wholesale. Mark Cervarelli used his statement to apologize to his family and the community. He also apologized to the juveniles who appeared before him for being a hypocrite. He claimed that Robert Miracle, Mike Conahan, and himself were good people who just made wrong choices and bad decisions. He called Robert Powell a liar and a self-centered individual who would say and do anything to protect himself.

Chivarella maintained that he never sold kids for cash, saying, quote,

I will live the rest of my life with the stigma of placing children for money, a crime which never occurred, and more importantly, for which I never had the opportunity to defend against. Today, I stand before you about to be sentenced to a term of imprisonment. I would only ask that the sentence before the crimes I was found guilty of committing, and not for a crime or crimes I did not commit.

Mark Chivarella was sentenced to 28 years in federal prison and ordered to pay $965,000 in restitution. He is scheduled for release in 2035. He will be 85 years old. Good morning, I have a brief... Mark Chivarella, who is a traditional truck, he looks at a deep... ...a Canadian...

Outside of the courthouse, the cheers of the citizens of Luzerne County drowned out the prosecution's press conference. But it didn't matter. The message was clear. Justice had been served. This is Judge Lakuta, a former colleague of Chavariella and Conahan. We finally have some justice. This is real justice. I know that there's a yacht floating around with that name of real justice, but this is real justice for the people of Luzerne County.

Parents of Mark Chivarella's victims were satisfied with the sentence as well. This is Sandy Fonzo. Yeah, I mean, this has been eight years that, you know, he's been over my head. And I, this is all I could have hoped for today was that, you know, he got basically the, you know, the maximum sentence and he's going to be taken away today and out.

The citizens of Luzerne County were happy to see Chevarella receive a long sentence, and they seemed surprised that the culture of corruption hadn't allowed him to walk free. I was glad he got it. I really was. I thought he was going to get away with it. I really did, and I'm pleased. It couldn't happen to a better guy. How's that? Do you think it should have been more, or do you think it's appropriate? It could have been more, but I'm just pleased that he even got what he got, because he's old, and he'll never see Brooks Bear again.

Michael Conahan was thrown in the clink. He was convicted and sentenced to 17 and a half years in federal prison.

Following the convictions, multiple victims filed civil suits against Chavariella, Conahan, Powell, and Miracle, including a class action lawsuit filed by the Juvenile Law Center. Settlements ranging from $500 to $5,000 were paid out to over 2,400 juveniles whose cases had been tried by Chavariella.

Furthermore, all of the cases handled by Shavarella from 2003 to 2008 were reviewed and vacated, and every juvenile's record who had been affected by Shavarella had their records expunged. A small win for a group of kids who had been so wronged. The nightmare that they had been living for so long was finally over, or was it?

On January 9th, 2018, Mark Cervarello's convictions for racketeering, conspiracy to commit racketeering, and conspiracy to commit money laundering were thrown out. His trial attorneys had failed to raise statute of limitations claims on those charges, which had occurred five years before the indictment. As a result, Mark Cervarello will be awarded a new trial on those particular charges. It remains to be seen if his sentence will be reduced.

Sandy Fonzo is in disbelief. Quote, I'm upset by the whole thing, but I'm not shocked. Nothing could ever shock me again after everything that's happened. I'm literally sick over it. And I just feel that any decreased time that he gets in prison is nothing but an absolute disgrace. It just sickens me. He needs to just go away and give us peace so that we can heal. This is just, I can't do this again. This is a nightmare. An absolute nightmare.

I don't know what life has in store for you. I don't know what life has in store for me from this moment on. But I do know that there's only one person, one person in this whole world who can control what happens to me. That's me. And there's only one person in your life who can control what happens to you. And that's you. Swindled is written, researched, produced, and hosted by me, a concerned citizen.

For more information about the show, check out swindledpodcast.com and follow us on Facebook, Instagram, and Twitter at Swindled Podcast. We just posted an album of photos related to the Kids for Cash scandal. There's even a photo of the judge's yacht, the Real Justice. We'll also keep you updated on Chivarella's new trial whenever that happens. All the music in this episode was written and performed by Ethan Helfrich, a.k.a. Rest You Sleeping Giant.

His new album titled Celestial Orchestra comes out on April 24th. You can pre-order the album right now for as little as five bucks at restyousleepinggiant.bandcamp.com. I want to give a huge thank you to Ashley Flowers for providing the voice for the principal's fake MySpace profile.

Ashley is super talented and she hosts her own podcast called Crime Junkie. It's excellent. She and her producer Britt do a fantastic job. You can check them out at CrimeJunkiePodcast.com or wherever you get your podcasts. If you want to support Swindled, you can do so at Patreon.com slash Swindled. For five bucks a month, you'll receive early access to new episodes and exclusive access to bonus episodes.

The Martha Stewart bonus episode will be released very soon. Don't miss out. Patreon.com slash swindled. We also have t-shirts, posters, sweatshirts, and a bunch of other stuff for sale at swindledpodcast.com slash shop. Go check it out. Thanks for listening.

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