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United States v. William T. Sharkey, Sr.


Middle District of Pennsylvania Docket Number 3:CR-09-00035

         - Link to Criminal Information

         - Link to Plea Agreement

Press release links by date:

         - 2/3/09: Common Pleas Court Administrator Charged

         - 2/5/09: Date Announced for Guilty Plea

         - 2/17/09: Common Pleas Court Administrator Pleads Guilty

Case Summary:

William T. Sharkey, Sr., age 57, of West Hazleton, Pennsylvania, was charged in a two-count criminal information with embezzling over $70,000 in seized gambling proceeds from Luzerne County and converting the money to his own use between June of 1998 and June 2008. The Information also seeks the forfeiture of all property obtained with the embezzled funds.

According to the charges, William Sharkey was the Court Administrator for the Court of Common Pleas for Luzerne County, Pennsylvania, a local government agency, having served as Deputy Court Administrator for approximately 25 years before being appointed to the position of Court Administrator in 1998. As Court Administrator Sharkey was charged with overseeing the administration of the Luzerne County Court of Common Pleas. In that capacity, Sharkey was responsible for case management, document control and disposition of funds received by Luzerne County in connection with court proceedings. As Court Administrator, Sharkey had a fiduciary duty to the Court of Common Pleas for Luzerne County, the Administrative Office of the Pennsylvania Courts and to the citizens of Pennsylvania to manage, control and make proper disposition of funds that came into his possession by reason of his office as Court Administrator and was responsible for taking custody and making proper disposition of gambling proceeds and assets seized in Luzerne County by the Pennsylvania Liquor Control Board and the Pennsylvania State Police. The Criminal Information further alleges that, once gambling assets had been turned over to him, Sharkey would obtain a forfeiture order from a judge of the Court of Common Pleas. It was then Sharkey’s responsibility to turn those forfeited proceeds over to the Treasurer for Luzerne County. According to the criminal charges filed in federal court, for a ten year period between 1998 and 2008 Sharkey violated his fiduciary duty and engaged in a scheme to embezzle public funds by having control over both the forfeited funds and the court records relating to the forfeiture of those funds. It is alleged, that as Court Administrator, Sharkey would obtain an order of forfeiture from a Luzerne County Common Pleas judge. Sharkey would not file the order in the Court records, and would misapply the funds for his own benefit. Thus, the Treasurer for Luzerne County would have no records of the forfeiture of the gambling proceeds, and would be unaware of the existence of the money. Likewise, the judges of the Court of Common Pleas would have no record of a forfeiture order in the Court Administrator’s records and no accounting of the funds from the Treasurer for Luzerne County.

In conjunction with the filing of the charges, the United States has also filed a plea agreement signed by Sharkey. The plea agreement indicates Sharkey’s intention to plead guilty to the embezzlement of public funds. Sharkey faces a maximum of 10 years’ imprisonment, a fine of $250,000 and five years supervised release. Sharkey must also forfeit some $71,000 to the United States.

Court Schedule:

Information filed February 3, 2009