FRACKVILLE - Prosecutors withdrew charges Wednesday against a Frackville man arrested for stealing more than $45,000 from the Frackville American Legion Post 398 while serving as its treasurer-steward last year.
Sean D. McCormack, 47, of 563 S. Garfield Ave., walked out of the office of Magisterial District Judge Christina E. Hale a free man after Assistant District Attorney Gary D. Marchalk withdrew the charges without prejudice, meaning they can be refiled at a later date.
Frackville police charged McCormack with felony counts of theft, receiving stolen property and failure to make required disposition of funds, as well as a misdemeanor count of tampering with records or identification.
Marchalk said he only received the case a few days ago and withdrew the charges to allow for additional time to investigate the alleged thefts.
"I don't have all of the paperwork I would like to have before deciding to move forward," Marchalk said, adding that he will meet with members of American Legion Post in the near future to discuss the next move by the Commonwealth.
McCormack's attorney, Robert C. Trichilo, Wilkes-Barre, agreed that prosecutors want to do additional investigation and applauded Marchalk and the Commonwealth for wanting to make sure all the facts in the matter are correct.
Even with the continuing investigation, Trichilo said he believes his client is innocent and that the facts will prove that.
"If there is money missing, and I don't believe there is, Sean McCormack did not steal it," Trichilo said. "I'm not sure these allegations are correct, from what I can see, there's nothing missing."
Frackville police Sgt. Marvin Livergood charged McCormack in connection with incidents that occurred between Jan. 1 and Oct. 31, 2012, at the post, 40 S. Mahanoy Ave.
Livergood said the theft came to light in June when police were contacted by the post's Home Association in reference to comparing bank statements and deposits that had been completed.
He said the documents showed that money was not deposited or accounted for. A certified accountant determined that there were discrepancies in the bar sales and small games of chance deposits.
Livergood said the paperwork turned over included receipts for small games of chance items bought including 22 boxes from Kelly Line Inc. costing $1,859.90 and 33 boxes of various games from Total Amusements costing $3,280.70.
Those tickets should have given the post a net profit of $64,563, the officer said.
Based on the paperwork, Livergood said the accountant determined that $45,006.92 was not deposited between the checking and savings accounts if all of the various games of chance were sold.