Wednesday, March 13, 2013

Feds take over embezzlement cases involving Harrisburg Area Community College and Dauphin County

Two high-profile embezzlement cases involving Harrisburg Area Community College and Dauphin County have been taken over by federal authorities.
Former HACC Vice President Nancy Rockey and Garry Esworthy, the county's former risk manager, both were charged with theft by detectives from the Dauphin County District Attorney's Office in January and November, respectively.
Rockey, 54, of Lower Paxton Township, was accused of stealing more the $228,000 from her school. Investigators pegged Esworthy's alleged theft at $490,000.
Both Esworthy and Rockey waived their cases into county court, but the DA's office chose to relinquish jurisdiction when the U.S. Attorney's Office in Harrisburg expressed interest in prosecuting the cases, First Assistant District Attorney Fran Chardo said Tuesday.
"We routinely consult with the federal authorities on these types of cases," Chardo said.
The Rockey and Esworthy cases have been removed from the county's criminal docket, but no indictments against either of them have yet been filed in U.S. Middle District Court.
Heidi Havens, spokeswoman for U.S. Attorney Peter J. Smith, declined comment on the Rockey and Esworthy matters. Esworthy's attorney Kenneth Raleigh also declined comment.
Rockey's lawyer, Adam Klein, said he has been in touch with federal investigators. "We are cooperating the same as we cooperated before," he said.
Chardo said many issues could trigger federal jurisdiction in the Esworthy and Rockey cases, including the alleged theft of federal funds or mail or wire fraud.
"Frankly, the federal authorities are better equipped to deal with these sorts of cases," he said.
The federal involvement might not bode well for Rockey or Esworthy.
As Chardo noted, "For cases like these there could be higher penalties in the federal system."
Klein acknowledged that, but said Rockey's attitude of atonement won't change. "At the end of the day, she's still going to be taking responsibility," he said.
In arresting Rockey in January, District Attorney Ed Marsico said she had admitted stealing funds from HACC from 2007 to 2012. County authorities, who were alerted to the alleged thefts by HACC officials, charged her with theft by unlawful taking.
Klein, her lawyer, said at the time of Rockey's arrest that she was remorseful. He noted, too, that she had raised millions of dollars for HACC during her career there.
Local investigators claimed that Esworthy, 58, of Lower Paxton Township, used his insight into the county's insurance system to rip it off. He was accused of setting up a shell company and filing bogus invoices for insurance services that the county paid during the alleged five-year scam that ended with his retirement in June 2012.
In arrest papers, county investigators said Esworthy admitted running the alleged con to pay for large credit card bills and health expenses.
Authorities said Esworthy's successor uncovered the alleged crimes.

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