News

December 15, 2010 | By Darwyyn Deyo | Posted in Legislature

Former Sen. Musto Enters Not-Guilty Plea Before U.S. Magistrate

Faces six counts of criminal activity, including mail and wire fraud

Retired State Sen. Ralph Musto (D-Luzerne) Wednesday pled not-guilty to federal charges he accepted $25,000 from a contractor which performed work on his property, and accepted more thousands of dollars in cash from several municipal authorities.

The cash payment was allegedly accepted as a reward for Mr. Musto assisting the authorities obtain loans and grants from the state Department of Environmental Protection. Federal prosecutors have argued Mr. Musto accepted the gifts in return for future favors.

After Mr. Musto entered his plea, both he and his attorney Jack Riley said he would not be entertaining a plea bargain. The former senator, who retired before the elections this year, is charged with one count of wire fraud, one count of mail fraud, two counts of bribery and two counts of making false statements to FBI agents.

After Mr. Musto entered his not-guilty plea, his attorney, Mr. Riley said they were “ready to go.”

“The government has had the field to itself, every play is one-sided. Today with the entry of a not guilty plea, another team has taken the field,” said Mr. Riley.

Mr. Musto entered his plea before U.S. Magistrate Judge Thomas Blewitt. The trial, however, will be presided over by U.S. District Judge Richard Caputo, with a hearing set for Feb. 14 at 9:30 a.m. in the Wilkes-Barre federal courthouse.

A pretrial conference has also been scheduled for Dec. 27 with a report due on Jan. 3. Pre-trial motions must be received by Jan. 11.

Mr. Musto has argued his innocence since the investigation began in February of this year when FBI agents first searched his home. A grand jury handed down a six-count indictment on Nov. 23. If convicted, Mr. Musto could face up to 10 years in prison and a $250,000 fine, in addition to forfeiting the cash gifts.

“It’s a process,” Mr. Musto said, “and what we saw here was the start of the process to my day in court.”
Mr. Musto is one of two Pennsylvania senators under investigation from federal agents. Former state Sen. Robert Mellow (D – Lackawanna) had his district office raided by the FBI in June of this year. Four months before the raid, Mr. Mellow announced he would not run for re-election.

Prosecutors have refused to comment on whether there is a connection between Mr. Mellow’s case and Mr. Musto’s. Mr. Mellow has also said, through a spokesperson, he is confident he did nothing wrong and said he is fully cooperating with the federal investigation.

State Sen. Jane Orie (R – Allegheny) is also facing trial with her sister Janine Orie, on charges of using her political staff and offices in her sister State Supreme Justice Joan Orie Melvin’s election in 2003 and 2009.

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Darwyyn Deyo is a reporter for PA Independent. She can be reached at darwyyn@paindependent.com.

View all posts by Darwyyn Deyo»