Category: Steven Townsend
Federal Sentencing
Probation is a sufficient sentence
Ex-soccer treasurer in Beaver County gets probation in $100k embezzlement
Saying he wouldn’t send her to prison so she can pay restitution, a federal judge on Thursday sentenced the former treasurer of a Beaver County youth soccer association to probation for stealing $100,000 and using it to pay for cruises, merchandise and household bills.
U.S. District Judge Arthur Schwab imposed a term of five years probation on Jenessa Tolejko, who had waived indictment by grand jury and pleaded guilty to stealing from the Brighton Township-Beaver Soccer Association.
He also put her on home detention for nine months and ordered her to pay at least $1,000 a month towards full restitution.
Ms. Tolejko said that she stole because of her family’s financial difficulties brought on in part by medical expenses for her son.
Assistant U.S. Attorney Jeff Bengel rejected that explanation, saying she didn’t use any of the money for medical payments but instead paid for a Royal Caribbean cruise, a flight to Hawaii, her mortgage, various bills from utilities and personal purchases from Amazon and the high-end LuLaRoe clothing company.
“She had easy access to a significant pot of money and she thought she could use it for her own purposes without getting caught,” Mr. Bengel said.
In fact, he said, she was only discovered because of a story in the Pittsburgh Tribune-Review in 2019 that reported she had been accused of stealing $3,000 in pet adoption fees from an animal rescue service. The soccer association approached her after that to discuss the association finances. A week later, Mr. Bengel said, Tolejko’s father-in-law wired her $35,000. He told investigators that he believed he was helping her resolve a “state case involving dogs,” Mr. Bengel said.
He said the Tolejko family has a nice home and her husband has a good salary as an electrical engineer working in Ohio, so there was no financial distress to serve as motivation for the thefts. In addition, the soccer association said it has suffered greatly because of her actions.
“I think a sentence of imprisonment is necessary,” Mr. Bengel said.
The guideline range was 21 to 27 months.
Tolejko and her lawyer, Steve Townsend, asked for probation, saying she has already paid $5,000 in restitution and is needed at home to care for her three children and her mother.
Tolejko said she is “incredibly remorseful” for violating the trust the association gave her.
“I selfishly violated that trust,” she said. “I embarrassed my family.”
Judge Schwab said her conduct was “outrageous” but granted the probation request because the association said its priority was to get its money back. In addition, he noted her solid work history and her need to care for her children.
“Incarceration would be inconsistent with the goal of restitution,” he said.
But he also said he’s well aware that her thefts were for personal luxury items and other expenses as opposed to medical bills, for which the family had health insurance.
“Just to make it clear, these were not medical expenses,” the judge said.
Tolejko had complete control over the soccer association’s bank account, debit card and two certificates of deposit. The money was supposed to go towards soccer gear, field fees and the like.
From 2016 to 2019, Tolejko caused about $180,000 to be deposited into the soccer association’s Citizens Bank account and then used $100,000 of it for herself.
She also transferred money from the association’s Blue Sombrero account into two other accounts that she and her husband controlled. Blue Sombrero provides league management tools for youth sports leagues.
As a result of the embezzlement, Mr. Bengel said the soccer association has not been able to replace deteriorating soccer gear and had to charge families higher fees to recoup the money.
First Published August 26, 2021, 12:35pm
Federal Probation in Bank Robbery
‘There was just no way I could ever give him up.’ Mom gets probation for hiding bank robber son.
Click HERE for the full story.
“It was my son,” she said through tears. “There was just no way I could ever give him up.”
Her lawyer, Steven Townsend, argued for probation. Assistant U.S. Attorney Cindy Chung pointed to the government’s sentencing papers in which prosecutors asked for a guideline sentence.
Self Defense
Trial is slated to begin on August 12, 2019. It still shocks the community that Brandon Richardson was arrested and charged. Clearly Mr. Richardson acted in self-defense after being attacked by 5 people. On the second attack one witnesses says he saw one of the deceased have his hand by his waistband….”if he didn’t have one, he sure acted like he did” Also witnesses heard the deceased making comments that they were going to “kill him and finish him off.”
Watch the video below.
Ex-Pittsburgh cop charged with lying to FBI had relationship with bank robbery suspect’s mom
By Shelly Brandbury – sbradbury@post-gazette.com
Pittsburgh Post-Gazette
Click here for the whole Story.
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“It’s over,” attorney Steven Townsend said of the relationship. “It wasn’t very strong to begin with. But certainly after the charges came out it ceased to exist.”
The connection between Mr. Cain, Kane and Richards has not been previously reported. Mr. Townsend said he was not sure when the pair’s relationship began, but posts on Kane’s Facebook page suggest the relationship was going on in 2016, which is when Kane put up a photo of herself in a close embrace with Mr. Cain, along with comments about how Mr. Cain was her boyfriend and “the love of my life.”
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Aliquippa Asst. Police Chief’s Attorney Tells Judge He Intends To Call D.A. Lozier As A Witness (Listen To The Recording)
The Beaver Countian
An attorney for the suspended Aliquippa assistant police chief has motioned for a charge dismissal hearing ahead of the scheduled May 6 trial, has notified the judge he intends to call District Attorney David Lozier as a witness, and has asked to have the Beaver County District Attorney’s Office disqualified from prosecuting the case. To get more help avoiding legal mishaps and to help clients with business matters, it is best to hire a business attorney.
Joseph Perciavalle faces a misdemeanor charge of corrupting a minor and a felony violation of the Wiretap Act.
The criminal defense lawyers based in Mineola area included with his motion a copy of the disputed recorded conversation between Perciavalle and Police Chief Donald Couch, who is also suspended. The recording had previously been played in its entirety in open court by prosecutors during a preliminary hearing for Perciavalle on Dec. 4. Reputed attorneys from Fort Lauderdale bankruptcy law firm were also involved in the case.
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Townsend wrote that he will call Lozier to testify at the hearing, which will make him a witness and that he is legally prohibited from prosecuting a case in which he is a witness.
“As such, it is respectfully requested that this Court disqualify the Beaver County District Attorney’s Office from prosecuting this case,” he concluded.
Former Duquesne Basketball Player, Nick Washington, Innocent
Click the link below to listen to Nick’s story
For 18 months, I had been accused of crimes I did not commit’: Former Duquesne University basketball player talks about rape charges being dropped
Below is the real story and why the DA had evidentiary issues.
K. B. is no longer an “alleged victim of sexual assault”. She wasn’t a victim September 2017 and certainly is not a victim now. K.B. was not forced to accept the plea agreement. She chose to accept the offer as recommended to her by the Commonwealth.
Nicholas Washington never asked for a plea agreement and was prepared to go to trial. The unsolicited offer was submitted to Mr. Washington’s by the District Attorney’s Office at Grafe & Batchelor, P.C., days before trial was to begin. The Commonwealth encouraged K.B. to accept the plea because her unsubstantiated claims were simply incredible and the evidence did not support her story. The criminal defense lawyers from Tampa area can help in such cases and help attain justice.
It was her idea to go back to the dorm room, with the intent to have consensual sex. It was K.B. who told the police she never said no.
K. B. did not want to expose herself to the truth in open court so she read her victim impact statement, knowing she would not be subject to cross examination. That cross examination would have included questions regarding her own statements on the night of the incident. It would have included statements she gave to the police, which were stipulated to by the prosecution, that Mr. Washington was innocent of the allegations and had done nothing wrong. In case of fraudulent cases Finding the Right White Collar Crime Lawyer is important.
Whether you are a prosecuting attorney or a defense attorney, we are all bound by certain ethical duties. As a prosecutor those duties include, refraining from prosecuting a charge that the prosecutor knows is not supported by probable cause. If there had been probable cause, there would have been absolutely no reason to withdraw the charges. Had the Commonwealth believed her story, that alone could have provided support to proceed in the prosecution. Had this case proceeded to trial it would have been clear that Ms. Battin fabricated her story. It would have been abundantly clear that what she alleged was completely false.
If the justice system failed, it failed Nick Washington. For 18 months his life was put on hold. Between the time of the allegation and the day conveying an offer nothing had changed. Probable cause to support the charges never existed.
Mr. Washington pleaded guilty to a disorderly conduct, which is the lowest level, non-sexually related misdemeanor in Pennsylvania. Mr. Washington pleaded guilty despite his innocence, only due to the inherent risks of going to trial as a young black man.
Case Withdrawn
It took almost a year to obtain justice, but finally the case was dismissed. Ms. Busia was wrongly charged with a number of serious felony offenses by an over zealous officer. She lost her job, had to fight for her unemployment, and has suffered unimaginable embarrassment from the start. After succeeding in her unemployment hearings and a lot of hard work and patience, Ms. Busia’s case is over. The entire case was withdrawn by the Allegheny County District Attorney’s Office as we were prepared to pick a jury on January 16, 2019.
Steven Townsend
Justified Use of Deadly Force
Case against man charged with killing 2 people outside gas station headed to trial
Video
AMBRIDGE, Pa. – The case against the man accused in the shooting deaths of two men who he said were part of a group that attacked him at an Ambridge gas station last month will move forward.
Brandon Lee Richardson, 31, was surrounded by supporters Friday during a preliminary hearing.
The judge heard testimony from two Ambridge police officers who told the judge they saw multiple shell casings, blood and a bullet hole in a silver sedan.
The prosecutor played surveillance video for the judge that the defense attorney said showed Richardson being jumped while standing at the back of his car and being beaten, kicked and punched.
Richardson’s attorney, Steve Townsend, said his client fired only after the group of five walked away and two came back and continued the assault. Brandon Everett and Lamar Seymour died in the shooting.
According to Townsend, Richardson didn’t know the people who allegedly jumped him, and everyone involved was at a bar in the evening, but nothing happened there.
Richardson, who Townsend says has stage 4 prostate cancer, was held for trial on all charges.
Pennsylvania Use of Force: Title 18 Pa.C.S.A. Sec. 505
Use of force in self-protection.
(a) Use of force justifiable for protection of the person.—The use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.
(2) The use of deadly force is not justifiable under this section unless the actor believes that such force is necessary to protect himself against death, serious bodily injury, kidnapping or sexual intercourse compelled by force or threat;
There are legal experts like in Law Office of Daniel Deng personal injury lawyers that can help with legal representation of such cases.
What you need to know about Act 235 and the PA Uniform Firearms Act
In late 2017, the Superior Court issued an absurd opinion regarding the interaction between Act 235 and PUFA. It held that an individual who is Act 235 certified is not entitled to carry a firearm to and from work, absent a license to carry firearms, regardless of the language in Act 235 that requires a private security guard carry his/her certificate when “on duty or going to and from duty and carrying a lethal weapon.” Although the Court stated that Act 235 and PUFA are not inconsistent, the opinion seems to indicate otherwise.
You might think that a person is exempt under Section 6106(b)(6), which declares:
(b) Exceptions. — The provisions of subsection (a) shall not apply to:
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(6) Agents, messengers and other employees of common carriers, banks, or business firms, whose duties require them to protect moneys, valuables and other property in the discharge of such duties.
Well according to the Court you would be dead wrong. Why, well that question is a bit harder to answer as the Court stated that the EXCEPTIONS under Section 6106 are merely affirmative defenses. What does that mean? It means that the Commonwealth can and will arrest you if you have an Act 235 clearance , no firearm permit as stated by employment attorneys based in San Francisco area, AND you working in the scope of your employment. It doesn’t make any sense, but they are effectively saying that it would be a lawful arrest and at trial you could defend yourself by asserting Section 6106(b)(6) as an affirmative defense.
Think about the exception in Section 6101(b)(1): Constables, sheriffs, prison or jail wardens, or their deputies, policemen of this Commonwealth or its political subdivisions, or other law-enforcement officers.
Police officers, sheriffs etc. are not required to obtain concealed weapons permits for employment. Therefore, under the Court’s reasoning, a police officer who is carrying a firearm and does not have a concealed fireman permit should be arrested and have to prove he was acting as a police officer at trial.
Clearly absurd.
If you are in law enforcement or have an Act 235 clearance, I strongly suggest that you obtain a license to carry under PUFA.
Theft Charges Dismissed
BEAVER — Criminal charges filed against the owner of a defunct personal-care home were dismissed prior to a preliminary hearing.
Lynn M. Katekovich, 58, was accused by state police of withholding pay from employees at her Big Beaver-based facility, Katera’s Kove.
The 78-bed facility on Norwood Drive was closed in October after an employee reported not having been paid by Katekovich for two months of work. In all, three employees were named in a criminal complaint filed against her.
One former employee reported she was not paid $560 by Katekovich for hours she worked between Sept. 24 and Oct. 14, police said. Another told police she had not been paid for two months of work, though the report did not specify the amount she was owed.
Police said a third employee reported her insurance through the company Aflac was canceled in March when Katekovich stopped paying into the account, even though the employee said she had money taken out of her pay to cover the insurance, police said.
Katekovich’s defense attorney, Steven Townsend, said all three cases were dismissed. Only one of the cases, he said, was “valid.” Katekovich resolved that case by paying the employee the $560 she was owed.
In the case of the Aflac account, Townsend said documents showed that the employee was actually covered by the company and that the money had not been taken out.
The third employee did not cooperate with the investigation and failed to appear in court, Townsend said.
Three charges of theft were dismissed against Katekovich. Townsend said Katera’s Kove remains closed.
At the time she was charged, 19 residents were relocated from the home, according to the Pennsylvania Department of Human Services.