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Gricco, McCardell, Flannery, Million, and numerous
cashiers. The cashiers waived their right to a jury
trial and were convicted in the Philadelphia Court of
Common Pleas. After a three-day jury trial, Gricco,
McCardell, and Million were acquitted, and the judge
dismissed Flannery’s case.
In April 1999, a federal grand jury returned an
indictment against Gricco, McCardell, Million, and
Flannery for conspiracy to defraud the United States by
obstructing the lawful function of the Internal Revenue
Service in the collection of federal income taxes, in
violation of 18 U.S.C. §371; tax evasion, in violation
of 26 U.S.C. §7201; and making false federal income
tax returns, in violation of 26 U.S.C. §7206(1). Prior
to trial, Million and Flannery pleaded guilty and
agreed to testify for the prosecution. Gricco and
McCardell proceeded to trial.
The jury found Gricco and McCardell guilty on all
counts. The government submitted a sentencing
memorandum asserting that the total amount stolen
between 1990 and 1994 was $3.4 million and that the tax
loss was $952,000 (i.e., 28% of $3.4 million).
One of the cashiers referenced above is Carol Pulgini
(petitioner’s former spouse). Her involvement in the above-
described scheme netted her no less than $35,000 during 1992,
$32,200 during 1993, and $23,100 during 1994 (the illegal
income). Needless to say, her employment with the parking
authority was terminated when her involvement was discovered.
She was tried, convicted, and incarcerated for various criminal
charges arising from her involvement in the scheme.
Petitioner met his former spouse in December 1990. They
began living together in petitioner’s house in August 1991 when
petitioner’s former spouse was pregnant with their first child,
who was born later that year. Petitioner and his former spouse
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