FRACKVILLE - A preliminary hearing was continued for a Frackville man charged with stealing more than $45,000 from Frackville American Legion Post 398 while serving as its treasurer-steward last year.
Sean D. McCormack, 47, of 563 S. Garfield Ave., was scheduled to appear before Magisterial District Judge Christina E. Hale on Wednesday on felony charges of arraigned 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.
Hale rescheduled the hearing until 11:20 a.m. Feb. 26 in her Frackville courtroom.
The continuance was requested and granted after it was learned McCormack's attorney, Robert C. Trichilo, Wilkes-Barre, had a scheduling conflict.
McCormack remains free on $15,000 unsecured bail set by Hale at the time of his arraignment.
Frackville police Sgt. Marvin Livergood charged McCormack in connection with incidents at the post, 40 S. Mahanoy Ave., that occurred between Jan. 1 and Oct. 31, 2012.
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, and 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 purchased, including 22 boxes from Kelly Line Inc. at a cost of $1,859.90 and 33 boxes of various games from Total Amusements at a cost of $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.
As the investigation continued, Livergood said he learned McCormack terminated all of the employees and in September 2012 changed all locks and denied access to everyone. He also said a witness reported seeing McCormack removing boxes and bags from a rear storage area, to which he was the only person with a key.
Livergood said McCormack received a letter requesting he return pull tab and punch board game records, annual operating records, weekly records, 50-50 drawing operating week records, regular and special raffles, 50-50 drawings and records of prizes exceeding $100. Also requested were register receipts for a three-year period and records indicating both 30 percent of proceeds and 70 percent of proceeds.
Livergood said that during the times in question, McCormack was responsible for all deposits of funds and issuing checks for bill payments. He added that McCormack never returned the requested paperwork, record books or ledgers or keys to the building.
In addition, Livergood said when Legion members were allowed to access the building, there were no alcoholic beverages or any of the records or items relating to small games of chance.