Charges Dropped Against Newtown Supervisor, Tax Collector and Employee in FedEx Case

SPRINGFIELD–On Thursday afternoon, Magisterial District Judge Anthony Scanlon, of Springfield District Court #32-2-54, laid to rest the ongoing FedEx case in , and dismissed the cases against Newtown Supervisor George Wood, tax collector Marie Richards and township employee George Clement Jr. in regards to the FedEx scandal that broke out in early February of this year.

Wood, Richards and Clement Jr. were all charged on one count each for theft of services for misusing the township's FedEx account for alleged personal use.

According to the affidavit, Wood charged $21.45 for one shipment to the township's FedEx account; Richards charged $32.66 for two separate shipments; and Clement Jr. charged $90.76 for four separate shipments. 

Initially originating with an investigation on township secretary , charging approximately $1,000 to the township on numerous occasions–brought an overall internal investigation of the township's FedEx account and was conducted by Chief Dennis Anderson, the county's Criminal Investigation Division, and the District Attorney's Office as well as auditors.

During the preliminary hearing on Thursday, Assistant District Attorney Robert Manzi, representing the Commonwealth of Pennsylvania in the case, called forth three witnesses to the stand to testify their involvement in regards to the FedEx case.

First to the stand was Supervisors Chairman Joseph Catania, who initiated the investigation of Toyzer and eventually Wood, Richards and Clement Jr., after Wood asked him two weeks prior from a supervisors meeitng on Feb. 14 to review the bills.

A cross examination made by Michael Malloy–attorney representing Wood and Richards in the case–with Anderson revealed that all three defendants were apparently unaware that any charges were made by them and all three had reimbursed the alleged personal charges made. Anderson's investigation entailed reviewing bills from 2011 to 2005.

"She [Richards] was unaware that she owed any money and was confronted by Jim Sheldrake [former township manager] to pay the entire bill which was 80-something-dollars," said Anderson. "She paid too much actually."

During the cross examination, Malloy highlighted that one of the two charges allegedly made by Richards was a shipment she had received from Finley Catering for leaving behind her cell phone, while the other charge was made to her daughter for a medical emergency.

When asked by Malloy about his confrontation with Wood, Anderson said, "He didn't realize he owed it and was willing to pay it at the time too."

Jeffrey Ogren, the attorney representing Clement, cross examined Anderson about his confrontation with Clement after his discovery of the personal charges in which Anderston stated, "He had a check and I didn't want it and I told him to give it to the township manager."

The last witness came from Jack Pund, one of the elected township auditors in Newtown, who stated that he had "discussions with the DA's [District Attorney's] Office about doing an investigation."

Pund then said he met with Anderson, who already conducted the investigation, and looked at the town's financial internal controls which included the FedEx account.

"There were a number of items that have been paid by the township to FedEx for personal use," said Pund during his testimony. Pund said his first goal of the investigation was to see if there were effective controls in place.

After a series of questioning by Malloy, Pund was able to confirm that, "I was told that all these invoices were reimbursed."

Malloy addressed Scanlon in his closing statement, "My advice here is to this township that someone is not doing their job. It's either Chief Anderson or the auditor and it's pretty clear to me it's not Chief Anderson because the way he took the stand he seemed forthright and pretty knowledgeable of what all this is about."

In conclusion, Malloy said Richards actually receives a refund through all this because she paid too much. According to Malloy, Pund's investigation was mostly based off of a conversation he had with Anderson.

"So, somehow my client is sitting here charged with theft on a refund because that auditor just made that up. All he had to do was look at the record. It doesn't make any sense," said Malloy.

But Scanlon asked Malloy, "Why is Mrs. Richards accepting FedEx bills on personal matters irregardless if she overpays or doesn't pay enough?"

Manzi rebuttled in his closing statement about Richards, "The fact of the matter is–she made two charges that she wasn't authorized to make for peronsal use. First of all, you have to assume that Finley [Catering] knew where to send her cell phone. Why would you have to send it to Newtown Township Board of Supervisors?"

"Because that's where she works," answered Scanlon.

"But she doesn't pay until she's confronted in the investigation," said Manzi. In addition, Manzi notes, "There are two bills and one was sent to her daughter."

Scanlon dropped the charges against Richards and dismissed her case.

In regards to Wood's $21.45 charge, "He [Wood] told the chief that he was conducting township business and that's the only testimony you have," addressed Malloy to Scanlon.

But Manzi referred to a testimony made by Sheldrake who said he did not authorize that payment for Wood to send that shipment which in turn Scanlon said it was "fundamentally unfair" that Sheldrake was not present at the hearing for a possible cross examination.

Scanlon dropped the charges against Wood and dismissed his case.

Ogren stated in his concluding statement for Clement that he had "reimbursed everything even before all this happened."

"There's no evidence that these were unauthorized," said Ogren.

Scanlon also dropped the charges against Clement and dismissed his case ruling that all the cases seemed "de minimis," or insignificant for a concern at this point.

"I think that there's a missing witness here–Sheldrake. I've got to hear it from the township manager why these were authorized or unauthorized," said Scanlon. "I can tell you looking at it on first blush, it doesn't look like they've been authorized but that's besides the point."

He continued, "It doesn't seem like there are glaring red stars that are standing out saying they're getting away with the cookie store. It seems to me that there's a rather loose operation–maybe all township buildings have it. I need somebody from Newtown Township to say absolutely this was nothing practiced," said Scanlon.

Wood, Richards and Clement declined to comment at this time. The DA's Office may be able appeal the judge's decision if they choose to do so.