PA - Attorney imprisoned for tax fraud released to halfway house

The Times Tribune

An attorney sentenced to federal prison for failing to report income she received as Lackawanna County’s appointed guardian ad litem has been released to a halfway house.

Danielle Ross, 38, was released on Tuesday to finish serving the final month of the one-year prison sentence imposed for her guilty plea in December 2013 to a charge of attempted income tax evasion.

Mrs. Ross of Jermyn had served as the county’s sole guardian ad litem — a court-appointed attorney who represents the child’s interests in custody disputes involving their parents. A grand jury indicted her in February 2013 on charges she failed to report all income that was paid to her by parents who were ordered to use her services.

The case drew significant media and public attention based on complaints by parents who accused her of abusing her power. The complaints led to a state investigation into the county’s guardian ad litem program in 2011. The probe found multiple deficiencies but no criminal wrongdoing. A grand jury investigation later uncovered the federal tax evasion.

Full story: The Times Tribune

Pennsylvania - Former Guardian ad litem Danielle Ross asks Judge for Probation

PA Homepage

A former Guardian ad litem (GAL) from Lackawanna County PA has asked a judge for leniency with her sentencing which was scheduled for Wednesday 04/16/2014.

Danielle Ross the former GAL is asking for probation after pleading guilty to income tax evasion.





Full story: PA Homepage

Pennsylvania - Former Lackawanna County Guardian ad litem pleads guilty

Times Leader

SCRANTON — Danielle Ross Pietralczyk, 37, of Jermyn, faces up to five years in federal prison after pleading guilty Monday to tax evasion and filing a false federal income tax return. She had served as guardian ad litem for the Lackawanna County Family Court prior to her February arrest.

Pietralczyk pleaded guilty before U.S. District Court Judge A. Richard Caputo.

According to United States Attorney Peter J. Smith, tax returns verified by Pietralczyk under penalty of perjury failed to report any amounts of income she received from private paying clients while acting as the sole guardian ad litem for the Lackawanna County Family Court. The only income Ross reported for 2009 and 2010 was her county compensation reported on 1099 forms which she received as an independent contractor hired by Lackawanna County.

As the sole guardian ad litem for the Lackawanna County Family Court, she was provided with an annual compensation of $38,000. However, pursuant to a contract between Ross and Lackawanna County, Ross was permitted to bill private paying parties above her county compensation at a rate of $50 per hour. She managed and exercised complete control over her private billings and income, prosecutors say. That income was known only to Pietralczyk and not Lackawanna County, nor was Lackawanna County required to approve her private billings.

Full story: Times Leader

Federal Judge dismisses lawsuit that challenged Guardian ad litem system

This Guardian ad litem has shown up before in the news - many times. She is the poster child of what is wrong with the Guardian ad litem system in any state. There are several things that are important about this article:

1. Dr Michale Stefanov challenged his Guardian ad litem in Federal Court.
2. The Federal court dismissed the case indicating that it was an ongoing case even though the custody order was finalized back in 2010. The Judge reasoned that because the custody could be modified it was considered ongoing.

While the challenge in Federal court is not new (my lawyer had suggested this course of action) the idea that a custody is considered ongoing until - I imagine - the child is 18 is new. Does this mean that a parent who is questioning the actions of a Guardian ad litem and seeking corrective action has to wait until his/ her child is 18 before pursuing legal action in Federal court (assuming that legal action in state courts are exhausted)?

Please read further:

The Times-Tribune

A federal judge has dismissed a lawsuit filed by a Moscow man who challenged Lackawanna County's use of court-appointed attorneys in private child custody disputes.

U.S. District Judge Matthew Brann on Monday said the lawsuit filed by Dr. Michael Stefanov could not be heard in federal court because it involves an ongoing matter in state court.

Dr. Stefanov filed suit in March 2012 against Lackawanna County, Judges Trish Corbett, Chester Harhut and Thomas Munley and attorney Danielle Ross, who served as guardian ad litem, a court appointed attorney who represents the interest of the child in disputed custody matters.

Dr. Stefanov claimed Mrs. Ross, who is awaiting trial on charges of income tax evasion related to her court work, violated his constitutional rights by demanding he follow her often-unreasonable directives under the threat she would preclude him from seeing his son if he did not comply.

The lawsuit also faulted the county court system, alleging judges too freely appointed Mrs. Ross to cases where her intervention was not warranted, and failed to monitor her behavior to ensure she was not violating parents' rights.

Full story: The Times Tribune