IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA : : vs. : 3:CR-09-272 : (Kosik, J.) : (Electronically Filed) MICHAEL T. CONAHAN, and : MARK A. CIAVARELLA, JR. : : Defendants : MOTION OF DEFENDANT, MICHAEL T. CONAHAN, FOR BILL OF PARTICULARS The Defendant, Michael T. Conahan, by and through his undersigned counsel, respectfully moves this Honorable Court pursuant to Rule 7(f) of the Federal Rules of Criminal Procedure for an order directing the government to furnish the Defendant with a bill of particulars and in support thereof represents the following: 1. On September 9, 2009, a federal grand jury sitting in this District returned a 48-Count Indictment against the Defendants, charging them with
violations of 18 U.S.C. 1962(c) (Count 1), 18 U.S.C. 1962 (d) (Count 2), 18 U.S.C. 1343, 1346 (Counts 3-10), 18 U.S.C. 1341, 1346 (Counts 11-14), 18 U.S.C. 666 (a)(1)(b) (Counts 15-24), 18 U.S.C. 1956(h) (Count 25), 18 U.S.C. 1956(a)(1)(B)(i) (Counts 26-30), 18 U.S.C. 1951 (Counts 31-38), 18 U.S.C. 371 (Counts 39), 18 U.S.C. 7206 (Counts 40-47), 18 U.S.C. 982, 1963 (Count 48). (Doc. Entry 1). 2. Defendant is unable to ascertain from the face of the Indictment the nature of the case against him because of the lack of specificity needed to adequately prepare his defense. 3. Defendant respectfully requests that the government be ordered to state with adequate specificity in a bill of particulars the nature of the case against him to enable him to adequately prepare his defense and to ensure the protection of his rights under the Fifth and Sixth Amendments of the United States Constitution. 4. The matters and particulars requested herein are essential to enable the Defendant to be adequately apprised of the nature and scope of the accusations against him as guaranteed by the Sixth Amendment to the Constitution, to have an opportunity to adequately prepare his defense, to avoid prejudicial surprise at trial, to clarify the issues herein, to avoid any delay at trial, and to enable the defendant 2
to be protected against a second prosecution for the same offense as guaranteed by the Fifth Amendment to the Constitution. 5. The Defendant respectfully requests that this Honorable Court, pursuant to Rule 7(f) of the Federal Rules of Criminal Procedure, direct the government to furnish the Defendant with a bill of particulars providing the information requested below, to the extent that the government has, or by the exercise of due diligence may obtain, such information as requested in the subsequent paragraphs. 6. The Defendant hereby incorporates by reference his brief in support, which will be filed pursuant to M.D.Pa. Local Rule 7.5, as if fully stated herein. COUNT 1 7. Identify the schemes that the Defendants are alleged to employ to hide the income as referenced in Paragraph 6. 8. Identify the other things of value allegedly taken by the Defendants as referenced in Paragraph 4. 9. Specify the false entries alleged to have been made in the books of Beverage Marketing of PA, Inc. as referenced in Paragraph 16. 10. Specify the person who made the demands referenced in Paragraph 22, the exact demand made, and the official action referenced therein. 3
11. Specify all payments not listed in Paragraphs 23, 25 and 26, but contemplated by the phrase included, but not limited to in those same paragraphs. 12. Specify the false entries alleged to make in the books of Pinnacle Group of Jupiter, LLC as referenced in Paragraph 24. 13. Specify in exact portion, aspect and/or statement of the annual statement of the financial interest that is alleged to be materially false as indicated in Paragraph 27. 14. Specify the financial relationship that the Defendants failed to disclose as alleged in Paragraph 27. 15. Specify any additional racketeering act not reflected in paragraphs 29 through 64 as indicated by the phrase among others referenced in Paragraph 28. 16. Specify the source of exact source of the duty to provide honest services referenced in Paragraphs 29 though 36. 17. Specify the manner and circumstances in which Participant # 1 consented to the payment alleged in Paragraphs 38, 41, 44, 47, 50, 53, 56, 59, and 62. 4
18. Specify the manner and circumstances in which the Defendant solicited the monetary benefit referenced in Paragraph 39, 42, 45, 48, 51, 54, 57, 60 and 63. 19. Provide the names and addresses of any and all co-conspirators not named in the Paragraph 64, which are identified as other persons both known and unknown to the Grand Jury. 20. Identify, including date, amount, participants and form, the financial transaction referenced in Paragraph 64. 21. Identify the some form of unlawful activity referenced in Paragraph 64. COUNT 2 22. Specify any additional racketeering act not reflected in paragraphs 29 through 64 as indicated by the phrase among others referenced in Paragraph 66. 23. Provide the names and addresses of any and all co-conspirators not named in the Paragraph 66, which are identified as other persons both known and unknown to the Grand Jury. 24. Specify what acts of racketeering that this Defendant is alleged to have committed as indicated in Paragraph 67. 5
COUNTS 3-6 25. Specify the manner and means by which this Defendant knowingly aided and abetted the commission of offenses as alleged in Paragraphs 69 and 82. 26. Specify the other sources of the fiduciary duty not specified in Paragraphs 71 and 72 as indicated in the phrase Part of the fiduciary duty. 27. Provide the names and addresses of any and all co-conspirators not named in the Paragraph 73, which are identified as other persons both known and unknown to the Grand Jury. 28. Describe in particularity the quid pro quo bribes, the generalized agreement and the specific opportunities referenced in Paragraphs 73 and 81. 29. Specify in exact portion, aspect and/or statement of the annual statement of the financial interest that is alleged to be materially false as indicated in Paragraph 74 and 76. 30. Specify the written, oral and wire communications that were alleged to be materially false as specified in Paragraph 75. 31. Specify what actions the Defendant performed that facilitated the construction and an expansion as alleged in Paragraph 77. 6
32. Specify what actions the Defendant performed that assisted PA Childcare and Western PA Childcare to secure agreements with Luzerne County as alleged in Paragraph 77. 33. Specify what actions the Defendant took relating to proceedings involving juvenile offenders as alleged in Paragraph 77. 34. Specify what other actions the Defendant performed that was not indicated in Paragraph 77 and included in the phrase other actions. 35. Specify the financial relationship that the Defendants failed to disclose as alleged in Paragraphs 77 and 78. 36. Specify the manner and means in which the Defendant conducted the affairs of the Court of Common Pleas as alleged in Paragraph 80. 37. Describe the quid pro quo bribes, the generalized agreement and the specific opportunities referenced in Paragraph 81. COUNTS 7-10 38. Specify the source of exact source of the duty to honest services referenced in Paragraph 85. COUNTS 15-24 39. Specify the other entities that the Defendant is an agent as implied by the phrase including, but not limited to in Paragraph 90. 7
40. Specify the manner and means by which this Defendant knowingly aided and abetted the commission of offenses as alleged in Paragraph 92. 41. Specify the business of the government entities referenced in Paragraph 92. 42. Specify the official actions referenced in Paragraph 92. 43. Specify the manner and means by which the Defendant facilitated the planning, construction and operated the juvenile detention facilities as alleged in Paragraph 92. 44. Specify the exact date that the payment was alleged to be made in Paragraph 92. 45. Specify the manner and circumstances of the payments alleged to be made in Paragraph 92. COUNT 25 46. Provide the names and addresses of any and all co-conspirators not named in the Paragraph 94, which are identified as other persons both known and unknown to the Grand Jury. 47. Identify the specified unlawful activity alleged in Paragraph 94. 8
COUNTS 26-30 48. Provide the names and addresses of any and all co-conspirators not named in the Paragraphs 96, 98, 100, 102 and 104 which are identified as other persons both known and unknown to the Grand Jury. 49. Identify the some form of unlawful activity (i.e., identify the precise form of unlawful activity) referenced in Paragraphs 96, 98, 100, 102 and 104. COUNTS 31-38 50. Provide the names and addresses of any and all co-conspirators not named in the Paragraphs 106 which are identified as other persons both known and unknown to the Grand Jury. 51. Specify the manner and circumstances surrounding Participant # 1 s consent to the payment alleged in Paragraph 106. 52. Specify the manner and circumstances in which the Defendant used fear as alleged in Paragraph 106. 53. Specify the exact date that the payment was alleged to be made in Paragraph 106. 54. Specify the manner and circumstances of the payments alleged to be made in Paragraph 106. 9
COUNT 39 55. Provide the names and addresses of any and all co-conspirators not named in the Paragraphs 106 which are identified as other persons both known and unknown to the Grand Jury. 56. Specify any additional overt acts not reflected in paragraphs 109 as indicated by the phrase among others referenced in Paragraph 109. 57. Specify the manner and circumstances in which the Defendant accepted a cash payment of $42,000 on or about August 16, 2006 as alleged in Paragraph 109 (20). 58. Specify the manner and circumstances in which the Defendant accepted a cash payment of $20,000 on or about November 1, 2006 as alleged in Paragraph 109 (21). 59. Specify the manner and circumstances in which the Defendant accepted a cash payment of $50,000 on or about November 20, 2006 as alleged in Paragraph 109 (22). 60. Specify the manner and circumstances in which the Defendant accepted a cash payment of $31,500 on or about December 18, 2006 as alleged in Paragraph 109 (23). 10
COUNTS 40-43 61. Specify the amount of alleged actual taxable income for the years 2003, 2004, 2005 and 2006 as indicated in Paragraphs 111, 113, 115 and 117. WHEREFORE, the Defendant respectfully requests that this Honorable Court issue an Order directing the government to serve and file a Bill of Particulars within 30 days indicating the above-requested information and for such other and further relief as the Court deems appropriate. Respectfully submitted, /s/ Arthur T. Donato, Jr. Esquire ARTHUR T. DONATO 216 Front Street, 2nd Floor Media, PA 19063 (610) 565-4747 (610) 892-9786 (Fax) adonato@verizon.net /s/ Philip Gelso, Esquire PHILIP GELSO Briechle & Gelso, LLC 63 Pierce Street Kingston, PA 18704 (570) 763-0006 (570) 288-0243 (Fax) philip.gelso@briechle-gelso.com Dated: March 1, 2010 Counsel for Michael T. Conahan 11
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA : : vs. : 3:CR-09-272 : (Kosik, J.) : (Electronically Filed) MICHAEL T. CONAHAN, and : MARK A. CIAVARELLA, JR. : : Defendants : CERTIFICATE OF NON-CONCURRENCE On March 1, 2010, counsel for the Defendant contacted Assistant United States Attorney Michael A. Consiglio, to discuss the foregoing motion wherein he indicated that the government does not concur in the same at this time. However, the government may file an amended Certificate after reviewing the foregoing Motion. 12 /s/ Arthur T. Donato, Jr. Esquire ARTHUR T. DONATO 216 Front Street, 2nd Floor Media, PA 19063 (610) 565-4747 (610) 892-9786 (Fax) adonato@verizon.net Dated: March 1, 2010 Counsel for Michael T. Conahan
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA : : vs. : 3:CR-09-272 : (Kosik, J.) : (Electronically Filed) MICHAEL T. CONAHAN, and : MARK A. CIAVARELLA, JR. : : Defendants : CERTIFICATE OF SERVICE I, Philip Gelso, do hereby certify that on March 1, 2010, I served a true and correct copy of the forgoing Motion to the following persons and in the manner indicated below. SERVED BY ECF: Gordon A.D. Zubrod, AUSA William S. Houser, AUSA Michael A. Consiglio, AUSA Amy Phillips, AUSA United States Attorney s Office United States Attorney s Office 228 Walnut Street Federal Building - Room 309 Harrisburg, PA 18708 Scranton, PA 18501 /s/ Philip Gelso, Esquire PHILIP GELSO (PA 81934) Briechle & Gelso, LLC 63 Pierce Street Kingston, PA 18704 (570) 763-0006 (570) 288-0243 (Fax) philip.gelso@briechle-gelso.com Dated: March 1, 2010 Counsel for Michael T. Conahan 13