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Belinky stays action on jailing Goldberg
YOUNGSTOWN
Mahoning County Probate Judge Mark Belinky has stayed action on disbarred Atty. Richard D. Goldberg.
That’s because a federal appeals court has stayed imposition of the remainder of Goldberg’s county jail sentence pending Goldberg’s federal appeal.
Judge Belinky made the announcement Thur sday after learning of the stay the Cincinnati-based U.S. 6th Circuit Court of Appeals had issued Wednesday.
By a 2-1 vote, the federal appellate panel stayed a March 10 order by U.S. District Judge Donald C. Nugent that Goldberg was to self-surrender immediately to the Mahoning County Sheriff’s Office to complete the final seven months of a 21-month jail sentence. Goldberg is appealing that order to the 6th Circuit.
The jail term for contempt of court had been imposed on Goldberg in 2000 by Judge Belinky’s predecessor, Judge Timothy P. Maloney, to be served after completion of Goldberg’s 57-month federal prison term.
Goldberg, who now lives in Florida, did not surrender and has asked Judge Belinky to terminate that jail sentence.
Judge Maloney imposed the jail time after he concluded Goldberg concealed $1.2 million that should have been paid to four clients.
Goldberg went to federal prison after pleading guilty in federal court in 1999 to defrauding 23 clients of at least $4.4 million over six years.
After serving 14 months of Judge Maloney’s sentence, Goldberg was released from jail in December 2004 by U.S. District Judge Peter C. Economus after Goldberg launched a lengthy federal court battle by filing a complaint challenging his incarceration in the contempt case.
Neither Goldberg nor any lawyer representing him appeared for Thursday’s probate court hearing. The only lawyer there was Linette Stratford, an assistant county prosecutor, who had opposed the stay in federal appeals court.