June 13, 2009

Chuck McCullough's Going To Trial

Both the P-G and the Trib have the details.

We've been been following this for some time now. I've met a few of the players of this particular drama and for the sake of full disclosure let me say that one of my old jobs was at a law firm that also employed McCullough at the same time - we didn't have that much interaction and none of it has anything to do with this story.

What makes this particularly newsworthy is that despite the charges, the arrest and now the trial, attorney Charles P. "Chuck" McCullough is as of this writing STILL on Allegheny County Council.

Did you know he's on the Government Reform committee?

From the County website:

Chuck McCullough was elected to one of the County Council At Large seats in the November, 2007 election, and brings 25 years of government expertise to Council. Chuck was the Homestead Borough Solicitor from 1984-1990 and the Allegheny County Solicitor from 2002-2004. He has been the Township Attorney for the Township of Upper St. Clair since 1998 and also serves as Special Counsel to the Upper St. Clair School District and to South Park Township. Additionally, he has served in different capacities as legal counsel in various state and local government bond issues.

Chuck has developed effective, pragmatic and non-partisan resolutions to many of our regions’ issues. His reputation for success in this regard resulted in his selection by Governor Rendell to be a member of Commonwealth’s negotiating team with U.S. Airways and his selection by his peers, the solicitors for the municipalities in the Alcosan collection system, to be one of the lead attorneys in negotiations with EPA, DEP and the County Health Department for a county-wide administrative consent order to study and assess our regions’ sewerage systems. The resulting consent order is estimated to have saved the municipalities millions of dollars in fines and litigation expense and over a billion dollars in compliance with environmental regulations. Chuck was also selected by County Council in 2005 to be a member of the County’s Government Study Review Commission, which conducted a comprehensive review of the functions and effectiveness of County governmen

Good for him. Now look what's happened. From the P-G:
After 30 witnesses, reams of paperwork and continuances that made the preliminary hearing -- typically a single-day affair -- stretch over nearly two months, Allegheny County Councilman Charles P. McCullough was ordered to stand trial yesterday on all 24 counts against him.
The P-G has the original police criminal complaint. Here are the charges listed on the complaint:
  • One count of making unsworn falsification to authorities. McCullough is charged with failing to disclose on a state ethics commission financial statement income from the Jordan trust.
  • Two counts of making false reports to law enforcement. McCullough is charged with falsely reporting to Upper St. Clair police that P-G reporter Dennis Roddy had harassed Jordan when no harassment occurred
  • Nine counts of misapplication of entrusted property. McCullough is charged with making a number of checks out of Jordan's trust without her knowledge.
  • Seven counts of theft by taking. More checks from Jordan's trust without her approval.
  • Two counts of theft by deception. McCullough is charged with getting paid for stuff he didn't do.
  • One count of criminal conspiracy. This has to do with the charges McCullough's sister is facing, as far as I can tell.
  • One count of tampering with public records. This has to do with his failure to report the Jordan income.
  • One count of failing to properly report statement of financial interests.
And that's 24.

From the P-G:
Mr. McCullough, 54, is charged with using his control of Shirley H. Jordan's assets to reward himself, friends, political allies and family members, including his sister Kathleen McCullough, who also was ordered to stand trial on three theft charges yesterday. Ms. McCullough, in addition to receiving money from Mrs. Jordan through her brother, is charged with embezzling more than $1 million from an engineering firm where she worked as an accountant.
We wrote about the embezzling here. Messy biz, that.

In all fairness, we should say that from the Trib we learn that:
McCullough's actions were approved by an Orphans' Court judge, [McCullough's lead attorney Thomas] Farrell argued. Allegations he misused Jordan's money do not amount to criminal charges, and would be more appropriate for a lawyers' disciplinary review board, Farrell added.
Which is all well and good, but I don't think it doesn't address the allegations of making false reports to the police, does it?

One interesting thing about both articles is that both contain the same quotation from Assistant District Attorney Lawrence Claus:
They had a cash cow here, and Mr. McCullough was going to milk it for all it's worth.
Let's just leave it with that.

2 comments:

Ol' Froth said...

You are correct about the criminal conspiracy charge. McCullough's sister will face the same charge.

Here is the verbage:

PACC 903a:A person is guilty of criminal conspiracy with another person or persons to commit a crime if with the intent of promoting or facilitating its commission he:
(1) agrees with such other person or persons that they or one or more of them will engage in conduct which constitutes such crime or an attempt or solicitation to commit such crime; or
(2) agrees to aid such other person or persons in the planning or commission of such a crime or of an attempt or solicitation to commit such crime.

StandingBull said...

Things to consider:

1. Chuck's sister's problems make him look bad. That's why the prosecution keeps her in the loop. There is no other sound legal reason. The prosecution has shown its stripes.
2. The claim that he falsely reported a harassment to USC police (and it's listed as a charge) is yet another example of how politicized all of this has become. Are you kidding me?
3. Chuck never signed a single check.

Frankly, I don't know whether Chuck committed a crime or not. What I do know is that the local democrats hate him and his own republican colleagues are mad at him too. They asked him to stand down in the last election (let Acklin win) and he refused. Jim Roddy can be credited with many good things. Being a loyal friend is not one of them.

This case could be quickly dismissed on so many grounds that it would make your head spin. C'mon, the woman is known by everyone who has dealt with her as someone who constantly changes her story. It's common knowledge and conceded by both sides. If you take her out of it, you are left with charging "the process," because Chuck followed it.

Chuck is a guy who steadfastly refuses to play the local game. People who know him well know this about him --if nothing else.