GOLDBERG CASE Judge upholds ruling on contempt penalty

Goldberg's sentencing on state charges is set for April.
YOUNGSTOWN -- A federal judge has upheld a magistrate's decision to vacate 18 months of former lawyer Richard Goldberg's 21-month contempt-of-court jail sentence.
U.S. District Judge Peter C. Economus ruled in a four-page opinion released Friday that the matter be sent back to Judge Timothy P. Maloney of Mahoning County Probate Court for further proceedings within 60 days.
It was Judge Maloney who found Goldberg in contempt and sentenced him to Mahoning County jail.
Judge Maloney offered no comment Friday, deferring any statements to the county prosecutor's office.
County Prosecutor Paul J. Gains and Linette Stratford, who handled the case, were unavailable.
Atty. Martin Yavorcik, one of Goldberg's lawyers, also was unavailable to comment Friday.
Released in 2003
Goldberg, 59, of Liberty, bilked clients of roughly $4.5 million and was sentenced to 51 months in federal prison. He was released in October 2003.
Once released, Goldberg was transferred to the county jail to serve 21 months imposed by Judge Maloney, who concluded that Goldberg concealed $1.2 million that should have been paid to four clients.
U.S. Magistrate James S. Gallas concluded that Judge Maloney erred when he found Goldberg in contempt for three of four estate cases. Gallas upheld one case's three-month sentence.
The magistrate said the errors in the three cases cannot be rectified without resuming the court proceedings at their initial stage. Gallas concluded that Goldberg's constitutional rights were violated because he was not afforded his right to due process.
He recommended to Judge Economus that the three cases be sent back to Judge Maloney, and the sentences, which total 18 months, be voided.
Judge Economus accepted that recommendation.
Judge Maloney imposed the 21-month sentence in May 2000 while Goldberg was still in federal prison. Yavorcik had said the sentence on misdemeanor contempt convictions should have been served concurrent with Goldberg's federal time.
In October 2003, Goldberg's lawyers appealed his 21-month sentence but were overruled by the 7th District Court of Appeals. A visiting common pleas judge also denied his release.
Judge Economus did allow Goldberg to post a bond and get out of jail in December pending his review of the magistrate's report.
Guilty plea
In February, Goldberg pleaded guilty to 29 state charges of engaging in a pattern of corrupt activity, theft and forgery at a hearing before Visiting Judge Stephen Yarbrough in Mahoning County Common Pleas Court.
Goldberg's sentencing hearing is set for April 11. The judge could place him on probation, but also could sentence him to a maximum of 54 to 75 years in prison.
A Goldberg benefactor has put up a monetary gift of more than $600,000 that will be used to pay five families that he bilked out of thousands of dollars, county prosecutors said when Goldberg entered his plea. The money will be disbursed from Goldberg's lawyer's account.
Goldberg also has filed for bankruptcy, and that matter has yet to be resolved.