Judge rejects Scott Roskovski's request to withdraw guilty plea
A federal judge on Thursday found that a former county detective did not meet his “substantial burden” to justify his request to withdraw his guilty plea in an embezzlement case.
Scott Roskovski and his wife, Stephanie Roskovski, of Center Township, pleaded guilty in federal court May 28 to separate charges related to defrauding the Butler Health System between 2011 and 2017 of $1.3 million during Stephanie Roskovski's employment as chief operating officer for the system.
Scott Roskovski specifically pleaded guilty to federal charges of filing a false loan application and false income tax return. But on Jan. 12, he asked District Judge William Stickman IV of the Western District of Pennsylvania to withdraw his guilty plea. Prosecutors objected to the move, but Roskovski held to his request, claiming innocence and confusion about the plea deal.
On Thursday, Stickman found that Roskovski hadn't met the standard of a “fair and just reason” for withdrawing a guilty plea.
When Scott Roskovski pleaded guilty, he agreed with prosecutors that he had lied in a bank loan request maintaining that his wife was still employed at BHS, even though she had already been fired. He also pleaded guilty to hiding the couple's full amount of taxable income on their tax return in 2016.
Assistant U.S. Attorney Carolyn Bloch, who prosecuted the case, argued during previous court appearances that she would have presented evidence showing that the Roskovskis used BHS money to invest in their motocross business, SwitchbackMX, which they bought in 2015 along with 78 acres. This alone, according to Bloch, amounted to hundreds of thousands in fraudulently obtained funds. Additionally, Bloch said, the Roskovskis used BHS funds to remodel their kitchen and for travel expenses.
But Scott Roskovski argued that he wasn't in the correct state of mind to plead guilty to the two charges and claimed he did not have the “knowledge that the statement was false, and the purpose of thereby influencing the lender, and he did not willfully submit a false tax return.”
He also argued that he is not making this request for withdrawal on “a lark,” as Bloch claims, but “because he does not believe that the facts that he is prepared to admit constitute the legal elements.”
But Stickman found this reasoning lacked enough merit to justify a withdrawal.
“Mr. Roskovski has offered no evidence to support a defense to the charges or cast doubt on the overwhelming proof of his guilt,” Stickman wrote in his order.
Stickman also pointed out that Roskovski admitted responsibility for filing false tax returns from 2012 to 2017.
The judge observed that in the eight months that have passed since Roskovski pleaded guilty, he didn't make any claims of innocence until “a mere 15 days before his sentencing hearing.”
“He has clearly had a change of heart or he fears punishment,” Stickman said. “Whatever the case may be, the court finds his assertion of innocence to ring hollow.”
Like Bloch, Stickman also noted Roskovski's “unique background” as a member of law enforcement.
“One could say he is quite savvy when it comes to the criminal justice system and financial crimes,” Stickman wrote, concluding that Roskovski knew what he was doing during the plea negotiations.
Paperwork related to Roskovski's sentencing will now be required by March 12.
Roskovski is facing two years to 30 months in prison and was found to owe from $250,001 to $550,000 in tax losses, which he would have to pay back, according to Stickman's findings.
Stephanie Roskovski is still scheduled to be sentenced March 11. She is facing more than four years in prison and potentially more than $2 million in combined fines, fees and restitution as part of her plea deal.
