Carbon County

Former Carbon County clerk of courts William C. McGinley is facing a possible prison term in November when he is sentenced after pleading guilty Monday to three criminal counts, including a felony, for thefts of funds from his office.

McGinley, 61, pleaded to one count of theft — failure to make required disposition of funds, a felony; and misdemeanor counts of tampering with evidence and obstruction in the administration of law. In exchange for the pleas, the Attorney General’s office agreed to drop counts of theft by unlawful taking, receiving stolen property and restricted activities - conflict of interest.

McGinley entered his plea before specially presiding Senior Judge John L. Braxton. In the courtroom were McGinley family members, some county officials and several press organizations.

The short proceeding only had McGinley answering “yes” when Braxton asked him if the facts, as put on the record by Deputy Attorney General Rebecca Anne Elo read them, were true.

Elo said McGinley took $44,000 from his office. Originally the amount listed as taken was about $45,000.

According to the affidavit of probable cause filed by Special Agent Jeffrey Wright, there were 169 instances between September 2013 and March 2018 when fingerprint/booking fees were collected at the Carbon County Correctional Facility and turned over to the county Clerk of Courts office, but the money, totaling $12,955, was never deposited in the bank or noted in the Administrative Office of Pennsylvania Courts computer system. The Clerk of Courts office normally receives cash from the prison the next business day after a person is fingerprinted and/or booked following a criminal arrest, or when bail is paid with cash to the prison after business hours.

Wright said there were also 69 cases, from August 2014 to April 2018, where bail was posted in cash and turned over to the county Clerk of Courts office, but was never deposited or accounted for in the AOPC system.

“As a result,” Wright wrote, “the associated court dockets for those cases were never updated to reflect those defendants ever posted bail and the money could not be refunded to them at the conclusion of their case.”

McGinley met with representatives from the Attorney General’s office on Dec. 3, 2018, and admitted he took money from the office during the time he was elected. He told agents he used the money to gamble on poker machines at casinos or Molly Maguires Pub and Steakhouse, located next to the courthouse.

Asked how much money he thought he took from the office, McGinley estimated around $20,000. When told it was near $45,000, McGinley said he was “surprised it was that much, but he was willing to pay it back.”

McGinley has paid back the $44,000, according to his legal counsel, Attorney Angelo T. Almonti. On Monday, McGinley had a check for $7,500 to cover the costs of a forensic audit ordered by the county commissioners. However, the check was made out to the county when it should have been made out to the county’s insurance carrier, which paid for the audit. Almonti said McGinley would write a new check and he would send it to the county with the next 24 hours.

McGinley served as clerk of courts for about 28 years, first elected in 1990. He retired on May 1, 2018, four months into a new term.

Braxton ordered that a presentence investigation report be prepared and set sentencing for 10 a.m. on Nov. 15. The county probation office usually prepares such a report but has recused itself from the matter because it works with the clerk of courts office regularly. The state board of parole will prepare the report.

The three county judges and District Attorney Jean A. Engler also recused themselves from the matter because of a conflict with the clerk of court office.

Under state sentencing guidelines, the minimum term is between three and 12 months up to a maximum of seven years in prison.