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Robert J. Powell submitted this letter to U.S. District Judge Edwin M ...

Robert J. Powell submitted this letter to U.S. District Judge Edwin M ...

Robert J. Powell submitted this letter to U.S. District Judge Edwin M ...

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<strong>Robert</strong> J. <strong>Powell</strong> <strong>submitted</strong> <strong>this</strong> <strong>letter</strong> <strong>to</strong> U.S. <strong>District</strong> <strong>Judge</strong> <strong>Edwin</strong> M. Kosik prior <strong>to</strong> sentencing Friday.Please accept <strong>this</strong> <strong>letter</strong> in anticipation of my sentencing on Nov. 4, 2011.Your Honor,I take full responsibility for my actions and my inactions. When I was <strong>to</strong>ld by former <strong>Judge</strong> Conahan andformer <strong>Judge</strong> Ciavarella they expected me <strong>to</strong> act as a conduit for them <strong>to</strong> receive illegal payments from<strong>Robert</strong> Mericle, I knew instantly that was wrong. I had the responsibility <strong>to</strong> say so and not <strong>to</strong> assist themin any way, no matter what the consequences might have been from them if I did so. I knew better and Ilacked the courage <strong>to</strong> say no.Similarly, when the former judges made their demands for money, I had the responsibility <strong>to</strong> refusethem. Even though they were in positions of power and influence, I had the ultimate ability <strong>to</strong> do theright thing and say no. I was wrong for giving in and paying them and will forever bear the burden ofhaving done so. I was also wrong not <strong>to</strong> report <strong>this</strong> <strong>to</strong> the authorities right at that moment. I had theability <strong>to</strong> s<strong>to</strong>p <strong>this</strong> travesty and I did not. In retrospect, I realize I was both scared and selfish and I willforever regret that decision.Eventually, I got the courage <strong>to</strong> say no and refused their demands. That was far <strong>to</strong>o little and far <strong>to</strong>olate. By then the damage was done and so I stand before you <strong>to</strong>day.I owe apologies <strong>to</strong> many people for what I have done. First I apologize <strong>to</strong> my family for the hell I haveput them through. I am truly blessed <strong>to</strong> have them and because of my errors in judgment, they havepaid and continue <strong>to</strong> pay a terrible price for those errors. I have uprooted them from their home, friendsand family in an effort <strong>to</strong> give them a fresh start. My wife is a private person who did nothing <strong>to</strong> deserve<strong>this</strong> and still has had <strong>to</strong> suffer unspeakable indignities. My children have lost friends and had <strong>to</strong> defendme. As a father, <strong>this</strong> broke my heart because I am the one who was supposed <strong>to</strong> defend my children, butinstead, I put them in a position where they were defending my actions. For <strong>this</strong> I can never apologize <strong>to</strong>them adequately.It broke me and my wife’s heart when my daughter Olivia could no longer play or associate with herclosest friend because of me.No matter what was going on during <strong>this</strong> terrible and awful time, and no matter the personal attacks Iknew I would endure while attending, I never missed any of my kids’ school activities, games orpractices. My life revolves around my children and helping them become all they can be as people,students and athletes. I am proud <strong>to</strong> tell <strong>this</strong> Court, through all of <strong>this</strong>, my kids have excelled in theclassroom and on the athletic field and courts. If nothing else, for what they have been through my wifeand kids deserve <strong>to</strong> begin again <strong>to</strong> live a normal and productive life – not one marred by press reports,pictures of their house and all of the rest. They have paid the highest price for my transgressions – theloss of their innocence and dignity. If nothing else, I respectfully request that <strong>this</strong> Court give me theopportunity <strong>to</strong> finish the good work I have started.


Second, I apologize <strong>to</strong> my partners, my employees and my friends. I am truly sorry. They are allwonderful people who put their faith and trust in me <strong>to</strong> do the right thing. Because of what I did andtheir association with me, they <strong>to</strong>o, like my wife and kids, were and are guilty by mere association. Someof the things they have had <strong>to</strong> and continue <strong>to</strong> endure because of me have humbled me beyondmeasure. They have lost their ability <strong>to</strong> work, <strong>to</strong> feed their families and other significant and permanentfinancial losses, much <strong>to</strong> their own and their family’s detriment. I let them down and will forever regretwhat I have done <strong>to</strong> them.Third, my sincere apologies <strong>to</strong> the clients I was so honored and privileged <strong>to</strong> represent. I worked fulltimewhile going <strong>to</strong> law school because being a trial lawyer was my dream. I zealously and steadfastlyrepresented many clients and successfully changed many of their lives in positive ways. These are thepeople who I let down. It is hard <strong>to</strong> imagine a more devastating feeling than the one I, my family andassociates felt on the day I voluntarily surrendered the law license I worked so hard <strong>to</strong> earn.To the Court, I apologize for the damage I caused. I know that people must depend on the integrity andhonesty of the system and I know that has been called in<strong>to</strong> question because of <strong>this</strong> case. I respect andhonor our system of justice and it pains me terribly <strong>to</strong> know what the consequences of my actions havecaused.Last but not least, I apologize <strong>to</strong> the people of Luzerne County and ask for their forgiveness. They havehad <strong>to</strong> watch as <strong>this</strong> tragedy unfolded. I know full well the collective loss of dignity and honor it hascaused. I was born and raised here. As much as I miss my parents, I am comforted with the knowledgethat they were not here <strong>to</strong> endure <strong>this</strong>. I moved back <strong>to</strong> the area because of my family and formerfriends – <strong>to</strong> be close <strong>to</strong> them and because I thought it would be a wonderful place <strong>to</strong> raise my kids. Now,because of all <strong>this</strong>, the area that support(ed), led me though my childhood and my professional careerhas been tarnished forever. I feel the guilt of contributing <strong>to</strong> that every minute of every day. The peopleof Luzerne County did not deserve <strong>this</strong> long nightmare. For that I am truly sorry.I know <strong>this</strong> is standard pro<strong>to</strong>col for people who come before <strong>this</strong> Honorable Court <strong>to</strong> present <strong>letter</strong>sfrom family, friends and clergy <strong>to</strong> tell Your Honor why they are worthy of your consideration. I have notdone that out of respect for <strong>this</strong> Court and the people from whom I could have solicited such <strong>letter</strong>s. Myfamily, friends and colleagues, indeed even <strong>this</strong> Court, have suffered <strong>to</strong>o much indignity already. I standalone prepared <strong>to</strong> accept my responsibility with my words and my actions, not theirs. My selfish actionscaused me <strong>to</strong> be in <strong>this</strong> place and the only way I could legally and morally a<strong>to</strong>ne for <strong>this</strong> was <strong>to</strong>cooperate. Though the decision <strong>to</strong> do so was difficult in that I knew it would cause me and my family <strong>to</strong>be ostracized, I knew it was the right thing <strong>to</strong> do. Once that decision was made, I gave 100 percent ofmyself. The experience was frightening, humbling and difficult, but in the end I hope that the fulfillmen<strong>to</strong>f my cooperative requirements has benefitted the justice system. Equally, my children now havereason <strong>to</strong> be proud of their father again.I have lost my ability <strong>to</strong> earn a livelihood, lost my home and have seen many of my relationships, bothpersonal and professional, destroyed by my actions. I have been the subject of much media attention.


Your Honor, I know there are those who would call for my incarceration. For the last five years, I feel asthough I have been imprisoned for life.I would not wish <strong>this</strong> on any human being. I have been punished in ways no one could imagine orconceive. I have been financially and professionally ruined. I will never be free from the regret, sorry andguilt I will carry with me every day for what I have done. There are no words that I command that canfully and finally express my sorrow.In closing, I would be remiss if I did not thank the Court, Mr. (Assistant U.S. At<strong>to</strong>rney Gordon) Zubrod,Mr. (Assistant U.S. At<strong>to</strong>rney William) Houser, the agents and representatives of the Federal Bureau ofInvestigation , the IRS, the Office of Probation and all the other departments involved for treating mewith dignity and respect throughout <strong>this</strong> ordeal. I was never mistreated, abused or taken advantage of inany way. I have great respect for the professional conduct of the government and can attest that I wastreated fairly.I completely respect <strong>this</strong> Court and I am prepared <strong>to</strong> accept your decision. I am confident your decisionwill be justThank you.Respectfully <strong>submitted</strong>,<strong>Robert</strong> J. <strong>Powell</strong>

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