Oct 15, 2020 5 min read

More than a year after state police launched an investigation into theft of money from the Washington County clerk of courts office, former officeholder Frank Scandale apologized Thursday as he entered guilty pleas to all counts, including one third-degree felony and several misdemeanors.

“I am sorry, and I would like to apologize to all and for the events that transpired,” said Scandale, 52, of Canonsburg.

Senior Judge Gerald Solomon sentenced him to seven years’ probation, with the first two years to be spent on electronic home monitoring. The judge also ordered Scandale to pay $101,876 restitution to the County Commissioners Association of Pennsylvania Insurance Program, with which Washington County is part of a group policy covering elected officials and public employees.

“The county’s insurer is going to be making the county whole from the loss,” said Washington County Finance Director Joshua Hatfield after the 15-minute court proceeding.

The county opted for the group policy after “elected officials no longer had to have individual bonds,” Hatfield explained.

The clerk of courts office is a collector and clearinghouse for cash and checks associated with criminal court cases and appeals of summary convictions. They were to be deposited in PNC Bank and distributed according to court orders, noted Deputy Attorney General Evan Lowry.

As part of a plea agreement, Scandale agreed to immediately pay $11,000 worth of restitution, including the amount of stolen money and costs associated with the investigation that included a forensic audit.

The figure mentioned in court last week was $10,000 due the day of sentencing, and Scandale’s attorney, Michael J. DeRiso, said after the proceeding, “No one wrote an extra check … I knew what my bottom line was and we were fortunate to be able to collect more.”

More than a year has passed since Washington County Controller Michael Namie informed the county commissioners of an audit of the clerk of courts office that uncovered financial irregularities.

As to where the money went, DeRiso said outside the courtroom, “I don’t know,” and cited attorney-client privilege, adding, “That’s something I can’t disclose.”

As part of Scandale’s electronic home monitoring, also known as house arrest, DeRiso received permission for his client to leave home for work and medical appointments and attend church, something the attorney called “standard protocol … I just wanted to make sure with the complications we’ve had through this process that was on the record.”

As to the work release, DeRiso described Scandale as “gainfully employed, making a decent wage,” but he declined, when pressed, to elaborate.

Scandale had appeared in common pleas court multiple times for a guilty plea and sentencing without a resolution. Solomon questioned if public officials were contacted about the terms and rejected the first plea bargain on that basis. There was a postponement over the summer and, last week, in open court, DeRiso said checks to cover the immediate payment had not yet cleared.

On Thursday he described his client as “embarrassed. This has humiliated him, although it’s a selfish act, what has been communicated to me is his worry for his children and how this has really affected their lives negatively. It’s been humiliating for his family, an embarrassment, and that will continue to be his focus.”

Scandale’s salary at the time the investigation began was $85,258.

Among the several county officials present in court was Commission Vice Chairman Larry Maggi, who, in a statement distributed afterward, called for a study of Washington County government’s structure.

“Today is a sad day for the people of Washington County,” according to the statement. “With the plea of guilty and sentencing of Frank Scandale, the sacred public trust was broken.”

He went on to call “the theft an egregious act that has shaken the confidence people have in their elected officials and government…. We should be looking at our county government: studying, improving, and changing it, if need be, to make our elected officials more accountable to the people.”

Maggi, a retired state trooper, thanked those who prosecuted the case and Namie for bringing the theft to the attention of the commissioners and state police.

Scandale, a Democrat, shunned efforts to withdraw his name from the November 2019 ballot so the party could choose a replacement. He lost his bid for a second, four-year term to Brenda Davis, former Washington mayor, in a Republican sweep of Washington County row offices.

Diana Irey Vaughan, who succeeded Democratic Party member Maggi as commission chairman as part of the Republican sweep, responded to a request for comment with the message, “We are glad this issue has been decided so that Washington County can move forward.”

In the wake of reform in Allegheny County, Washington Countians voted on a home rule study commission about 20 years ago, but a slate supporting the status quo prevailed.