YOUNGSTOWN Former attorney released, detained

Goldberg was not scheduled to be released until early 2004.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Richard Goldberg got a break from a federal judge, who ordered the disbarred attorney to be released early from a federal prison.
But Goldberg wasn't a free man for long.
Deputies from the Fayette County Sheriff's Department in Kentucky were waiting to pick him up and take him to their county jail, where he's awaiting return to Mahoning County. Goldberg faces a 21-month stretch in the county jail for contempt of court.
His release from federal prison, which came about four months earlier than expected, caught Mahoning County officials by surprise because they didn't know about it until the last minute.
"I'm absolutely surprised," said Prosecutor Paul Gains. "We weren't notified that this was happening."
Goldberg, 58, formerly of Liberty Township, was serving a 54-month federal sentence for defrauding clients out of $4.5 million they were due in lawsuit settlements. He was scheduled to be released in February.
David Sierleja, assistant U.S. attorney, said his office filed a motion to honor an earlier plea agreement it had reached with Goldberg, which resulted in Judge Dan Aaron Polster of U.S. District Court, Cleveland, signing the order to release Goldberg early.
Sierleja said the motion was made because of Goldberg's cooperation with federal authorities in other cases.
County accusations
Judge Timothy P. Maloney of Mahoning County Probate Court slapped Goldberg with the 21-month contempt sentence in May 2000. He found that Goldberg, while working as a medical malpractice attorney, kept a total of $1.2 million that should have been paid to clients in four cases.
Goldberg's lawyers unsuccessfully appealed the finding and sentence.
Judge Maloney said he got a letter this week from authorities in Fayette County informing him that Goldberg was to be released from the federal prison there in February. The judge was told to send a letter to Kentucky ordering Goldberg held after his release so he could be returned here for the contempt sentence.
"The same day I got the letter, I got a phone call saying he was getting out [of prison] Friday," Judge Maloney said.
The judge said he immediately called Fayette County and asked that Goldberg be picked up and held. Local deputies will be sent to bring him back.
Lt. Col. Matthew Amoto of the Fayette County Sheriff's Department said an extradition hearing will be at 1 p.m. Monday in the county's district court. If Goldberg waives extradition, he can be returned immediately. If he fights extradition, a hearing will be scheduled to prove that he's the person facing a contempt sentence here.
Goldberg also faces trial in Mahoning County Common Pleas Court for multiple counts of forgery, theft and engaging in a pattern of corrupt activity. That trial is scheduled for January 2004.