Tag: crimes

bookmark_borderThe Mayor on Gun Control

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“Today President Obama and Vice President Biden unveiled a comprehensive set of concrete proposals that will help us reduce the gun violence that occurs every day in our cities and to prevent mass shootings like the one that occurred just over one month ago in Newtown, Connecticut.

“Just three days after the Newtown tragedy occurred, the mayors of our three largest cities and other Conference of Mayors leaders sent an open letter to the President and the Congress, which urged immediate action. We called on the President to exercise his powers through Executive Order and on Congress to introduce and pass legislation to make reasonable changes in our gun laws and regulations. Specifically, we called for universal background checks, a ban on both assault weapons and high capacity magazines, and strengthening the penalties for straw purchases of guns.

“Clearly the President listened to our call. We applaud him for issuing executive actions to reduce gun violence. And we applaud him for calling for critically needed legislation and urge Congress ‘to do the right thing’ and institute universal background checks, a ban on assault weapons and high capacity magazines, and strengthening penalties for gun trafficking.

“As mayors of major cities, many of us do all we can to reduce gun violence, but our efforts are too often thwarted by trafficking from other areas and states. The President’s plan, which would institute background checks nationally and crack down on those who buy guns for the express purpose of turning around and selling them to criminals, will be an enormous help to us.”

bookmark_borderScheme to Steal Public Assistance Benefits

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HARRISBURG, PENNSYLVANIA — Agents from the Attorney General’s Public Corruption Unit have arrested a former employee from a Pennsylvania Department of Public Welfare (DPW) office in Philadelphia who is accused of orchestrating a scheme to steal more than $330,000 in public assistance payments.

Attorney General Linda Kelly identified the defendant as Kyshima D. Montgomery, 23, of 2934 North Judson St., Philadelphia.

Kelly said that evidence and testimony concerning the theft of state welfare benefits was presented to a statewide investigating grand jury, which recommended the charges that were filed today. Kelly also noted this is an active and ongoing investigation and additional arrests are anticipated.

“This is a disturbing scheme to corrupt the public assistance system for personal gain by diverting massive amounts of taxpayer funds from their intended purpose, aiding Pennsylvania residents who are struggling to feed and support their families,” Kelly said.

According to the grand jury, Montgomery used her position as a clerk at the DPW’s Philadelphia County West District Office to place tens-of-thousands of dollars in additional cash benefits into the accounts of numerous friends, associates and other individuals, without proper authorization.

Kelly said that most of the extra payments were in the form of “One Time Issuances,” which are intended to assist recipients with additional expenses, such as job training, books or fees. Montgomery allegedly transferred these additional funds into the Electronic Benefit Transfer (EBT) accounts of the targeted individuals, allowing the money to be withdrawn with an EBT card, which functions much like a bank debit card.

The grand jury found that Montgomery withdrew the majority of the extra funds for her own use before turning the EBT cards over to the other participants in this scheme. Many of the co-conspirators understood they were receiving additional benefits, often improperly – typically several hundred dollars in extra funds – but most were not aware that Montgomery was allegedly using their accounts to funnel thousands of dollars to herself.

Kelly said that between December 2010 and May 2011, Montgomery allegedly made $235,648 in unauthorized payments to various EBT accounts, much of which was withdrawn as cash using various ATM’s and bank branches in Philadelphia.

Additionally, Montgomery is accused of transferring an additional $104,310 to other EBT accounts, but those funds were frozen by the Department of Public Welfare before the money could be withdrawn.

Montgomery is charged with 17 counts of theft by deception, one count of criminal attempted theft by deception, 18 counts of criminal use of a communications facility, 18 counts of unlawful use of a computer and 14 counts of criminal conspiracy, all third-degree felonies which are each punishable by up to seven years in prison and $15,000 fines.

Montgomery is also charged with one count of theft by deception and one count of criminal conspiracy, both first-degree misdemeanors which are each punishable by up to five years in prison and $10,000 fines.

Montgomery will be prosecuted in Philadelphia County Court of Common Pleas by Senior Deputy Attorney General E. Marc Costanzo of the Attorney General’s Criminal Prosecutions Section.

Kelly noted this arrest involving the theft of DPW benefits in Philadelphia comes only weeks after agents from the Attorney General’s Office arrested two former caseworkers from Delaware County who were charged with stealing nearly $300,000 in a similar public assistance fraud scheme.

Kelly thanked the Pennsylvania Department of Public Welfare and Pennsylvania Office of the Inspector General for their cooperation and assistance with these continuing investigations.

(A person charged with a crime is presumed innocent until proven guilty.)

bookmark_borderFormer Penn State President Charged

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Former Penn State President Graham Spanier charged in “conspiracy of silence;” Gary Schultz & Tim Curley face additional charges

HARRISBURG, PENNSYLVANIA (USA) — Attorney General Linda Kelly and Pennsylvania State Police Commissioner Frank Noonan announced that criminal charges have been filed against former Penn State University President Graham Spanier, who is accused of conspiring with other top university officials to conceal information about suspected child abuse involving Jerry Sandusky, along with obstructing the criminal investigation into this case, perjury before a grand jury, endangering the welfare of children and other related crimes.

New criminal charges have also been filed against former University Senior Vice President for Finance and Business Gary Schultz and former Penn State Athletic Director Timothy Curley.

Spanier, Schultz and Curley are accused of concealing information about suspected child abuse involving Jerry Sandusky, including on-campus incidents from 1998 and 2001 that were reported and discussed in great detail by those three men. The three are also accused of obstructing the criminal investigation into the case, making false statements before a grand jury, endangering the welfare of children and other related crimes.

“This is not a mistake, an oversight or a misjudgment.  This was a conspiracy of silence by top officials at Penn State, working to actively conceal the truth, with total disregard to the suffering of children,” Kelly said.

“I hope the attention this case received will change people’s perceptions concerning child sexual abuse,” said Noonan. “If you are aware of a complaint by a child or if you know that a child is being abused, it is imperative that you report it immediately to law enforcement.”

The grand jury presentment shows in great detail the ways in which the three men conspired to conceal and cover up the truth, according to Kelly.

“The grand jury issued a subpoena in December 2010,” said Kelly, “but pertinent emails and other key evidence were never turned over until April 2012, after these men had left their jobs.”

Notes and documents about the 1998 and 2001 crimes were allegedly kept by Schultz in a file drawer in his campus office. Schultz told staff members that they were never to look in that “Sandusky” file.  On November 5, 2011 – the day that original criminal charges were announced against Sandusky, Schultz and Curley – that file was removed from Schultz’s office and delivered to his home.

The existence of Schultz’s file about Sandusky, along with an extensive amount of additional information from Penn State that was beneficial to the investigation, was not disclosed until after Spanier was terminated as President of the University by the Board of Trustees, which then directed university personnel to cooperate fully with the investigation.

Kelly said it is important to remember what was at stake in this case. Spanier, Schultz and Curley failed to do what was legally required of them when the matter first came to their attention. As a result, at least four boys were attacked between 2001 and 2008, including Victim 1, Victim 3, Victim 5 and Victim 9.

Graham B. Spanier, 64, 425 Windmere Drive, State College, is charged with one count perjury and two counts of endangering the welfare of children and two counts of criminal conspiracy, all third-degree felonies which are each punishable by up to seven years in prison and $15,000 fines.

Additionally, Spanier is charged with one count of obstructing the administration of law or other governmental function and one count of criminal conspiracy, both second-degree misdemeanors punishable by up to two years in prison and $5,000 fines, along with one count of failure to report suspected child abuse, a summary offense punishable by up to 90 days in prison and a $300 fine.

Gary Charles Schultz, 63, 636 Rosslyn road, Boalsburg, and Timothy Mark Curley, 58, 201 Meadowlark Lane, Boalsburg, are each charged with two counts of endangering the welfare of children and two counts of criminal conspiracy, third-degree felonies which are each punishable by up to seven years in prison and $15,000 fines.  Schultz and Curley are also each charged with one count of obstructing the administration of law or other governmental function and one count of criminal conspiracy, second-degree misdemeanors which are each punishable by up to two years in prison and $5,000 fines.

Kelly noted that Curley and Schultz are currently awaiting trial in Dauphin County court on charges of perjury (one count each) and failure to report under the Child Protective Services Law (one count each).  At this time that trial is scheduled to begin in January 2013.

Preliminary arraignments for all three will be scheduled before Harrisburg Magisterial District Judge William C. Wenner.

Kelly and Noonan noted that this remains an active and ongoing criminal investigation and thanked the agents, troopers, investigators and support staff from both the Office of Attorney General and the Pennsylvania State Police for their dedication and professionalism during this extensive effort.

(A person charged with a crime is presumed innocent until proven guilty.)

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Editors’ Note: Click here for a copy of the criminal complaint. Potos of the defendants are attached. If you have difficulty viewing the attachments contact the Attorney General’s Press Office at 717-787-5211.