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First Posted: 2/14/2014 SCRANTON &#8212; A deal between federal prosecutors and attorneys for developer Robert Mericle again delayed the release of information about his participation in government corruption investigations and allegations that Mericle violated his plea agreement.
And it appears that even the judge will have to wait to learn more about the agreement that could bring the case against Mericle closer to closure, based on a terse two-paragraph letter that was mailed Friday.
&#8220;The parties have reached a resolution of these matters which will obviate the need for further litigation regarding these matters,&#8221; U.S. Attorney Peter J. Smith wrote to U.S. District Judge Edwin M. Kosik. &#8220;The parties will be in communication with the court next week to discuss the resolution and the need for a hearing on February 26, 2014. Thank you.&#8221;
Mericle&#8217;s past
Mericle pleaded guilty on Sept. 2, 2009, to a federal charge of withholding information on a crime in connection with the Luzerne County judicial scandal. Prosecutors said his actions helped former county judges Mark Ciavarella and Michael Conahan conceal the source of more than $2 million paid to them by Mericle and attorney Robert Powell.
Mericle Construction built two child care centers, PA Child Care in Pittston Township and the Western PA Child Care in Butler County. In return for the work, he said he paid $2.1 million in finder&#8217;s fees to his longtime friend Ciavarella and Conahan.
Paying the fees was not illegal, but at Ciavarella&#8217;s request Mericle sent them through a third party &#8212; the former co-owner of the centers, Powell. Mericle&#8217;s crime was not disclosing this action when questioned by federal authorities.
Under the terms of Mericle&#8217;s plea agreement, he was expected to cooperate with federal prosecutors with other cases, including the bribery case of former state Sen. Raphael Musto, who was charged with accepting cash and gifts for his influence on construction projects in Luzerne and Lackawanna counties.
In January 2011, federal prosecutors sought an increase in the sentencing guideline range from four to 10 months in prison, to 12 to 18 months. The guidelines are used by a judge in determining an appropriate sentence, but they are advisory, meaning the judge can reject the recommendation. No reason for the move was publicly revealed.
Sudden movements
Mericle, 50, of Shavertown, continued to await sentencing for four years, while Musto&#8217;s case slowly moved through the court system.
Musto&#8217;s trial was continued indefinitely last month when the 84-year-old Pittston Township resident was ordered by U.S. District Court Judge A. Richard Caputo to a a federal medical facility in North Carolina, where his ability to stand trial will be evaluated.
Days later, Mericle&#8217;s case was back in play. On Jan. 8, Kosik set sentencing for Feb. 26.
Late last month, federal prosecutors filed a motion seeking a hearing to determine whether Mericle had breached his plea agreement, but did not indicate what Mericle might have done wrong. Federal prosecutors said the agreement provides that if they receive information Mericle committed new crimes while he waited to be sentenced, prosecutors may request to withdraw from the plea agreement and suggest a stiffer sentence.
Judge Kosik issued a short ruling Monday continuing sentencing, with no new date, and setting the hearing date for oral arguments on the plea breach issue for Feb. 26.
Mericle&#8217;s attorneys promptly filed a request that Kosik compel the government to provide details and any evidence that the plea agreement had been breached.
Then, on Wednesday, it appeared as if the details of Mericle&#8217;s alleged breach &#8212; and his role in the probe &#8212; might finally see the light of day, as hinted at by Smith&#8217;s language in requesting a two-day extension to file a court brief in support of the government&#8217;s breach allegations.
&#8220;In order to specifically allege any potential breach of the agreement and in order to comply with the obligations &#8230; it will be necessary for the government to specifically describe Mericle&#8217;s cooperation with the government,&#8221; Smith wrote on Wednesday.
Discussions to come
The extension was mutually agreed with Mericle&#8217;s defense, Smith wrote, explaining that the developer&#8217;s lawyers wanted time to review the government&#8217;s intended submissions.
Two days passed. On Friday afternoon, Kosik filed an order granting the two-day extension that had been sought on Wednesday.
Prior to 4 p.m., The Times Leader contacted the U.S. Attorney&#8217;s Office to ask whether the government&#8217;s brief was then expected to be filed before day&#8217;s end. A spokeswoman who returned a reporter&#8217;s call said no information was available on that matter.
It was after 5 p.m. Friday that a copy of Smith&#8217;s brief letter about the resolution appeared in the federal courts&#8217; online filing system, with a notation that it had been sent to the judge by U.S. Mail.
As indicated, Smith&#8217;s letter said that details of the deal, and discussion about the need for a Feb. 26 hearing, would be communicated to the court next week.
Efforts to reach Mericle&#8217;s attorney, William J. Winning, and three other lawyers connected with the case were not successful later Friday.

U.S. attorney: ‘Resolution’ to end Mericle litigation