Judge removes sentencing deadline in fraud case
Wrangling between prosecutors and defense on the amount that was defrauded from Butler Health System has caused a federal judge Thursday to back up on his final sentencing deadlines.
District Judge William Stickman of the Western District of Pennsylvania held a hearing by phone Thursday for scheduling purposes with prosecutors and attorneys representing former county detective Scott Roskovski and his wife, Stephanie Roskovski, who was chief operating officer for the health system between 2011 and 2017. During the hearing, the disagreement surfaced.
Both defendants pleaded guilty May 28 to various federal charges related to defrauding the Butler Health System during Stephanie Roskovski's employment there. Prosecutors maintain that $1.3 million was defrauded, but the defense lawyers argue the figure is about $600,000.
Since the guilty plea, Stickman has granted the Roskovskis multiple rescheduling requests. But earlier this month, he ordered that Scott Roskovski not be granted anymore rescheduling requests, setting sentencing for April 28.
“This call has highlighted how far apart we are,” Stickman said, “even about how we think the material should be reviewed. I have a hard time seeing this move forward by April 28.”
Stickman indicated he would go back on that order after finding that the prosecutors and the Roskovski lawyers are not in agreement about how much the couple owes in restitution to the IRS and the Butler Health System. Stephanie Roskovski's sentencing also will be delayed pending the resolution.
“We're very disappointed that this hasn't been resolved,” said Assistant U.S. Attorney Carolyn J. Bloch during Thursday's meeting by phone. “We feel we've been preparing for so long for this eventual ending.”
Stickman directed the parties to meet again and decide how to proceed.
Scott Roskovski pleaded guilty to federal charges of filing a false loan application and false income tax return.
His wife, Stephanie Roskovski, pleaded guilty to one count of mail fraud and one count of filing a false income tax return.
Another seemingly settled issue also resurfaced when Scott Roskovski's lawyer, Stephen Stallings, said he planned on filing another motion to withdraw his client's guilty plea. Scott Roskovski's previous lawyers filed a similar motion in January that was rejected by Stickman.
One of Stephanie Roskovski's lawyers, Robert Ridge, told Bloch and Stickman that his client acknowledges that she owes $604,000 in restitution for her crimes, but they don't agree to the federal figure that puts losses at $1.3 million.
“They have a problem with money beyond that,” Ridge said. “No one has itemized what was in, or wasn't in, on that consent agreement.”
Stickman responded that he was “disappointed” in the defense for not knowing how long they'll need before they're ready to be sentenced.
“How long into the future should I block for this proceeding? Are we talking three weeks or 10 weeks?” Stickman said.
For Bloch, she said they were ready immediately.
“We're ready to proceed April 28, the day defense is scheduled to be sentenced,” Bloch said. “Defense has had months and months to prepare for their sentencing.”
Bloch also noted that she has met with “defense many times to review materials,” adding to her exasperation that the matter still isn't settled.
“We have been whittling this down to what is provable,” Bloch said.
At the end of the hearing, Stickman assigned “homework” to the two parties to settle several issues, and he wants them to report on their progress by Wednesday.
Among the assignments Stickman gave them, he asked that they estimate how many days will be needed to hold an evidentiary hearing to decide the dollar figure. He also wanted them to decide if a second motion to withdraw Scott Roskovski's guilty plea is necessary, and he wants them to settle on final sentencing dates for the couple.
He also indicated that hearings could be held in person because Stephanie Roskovski has indicated that as a preference in previous court filings.
If the two sides can't come to an agreement on any of these items, Stickman ordered that he will make a final determination.
