Warren Man Denied Post Sentence Relief In Corruption Case
WARREN, Pa. — Judge Gregory Hammond has denied a motion for post sentence relief against a Warren man who pled to running a corrupt organization.
Franklyn M. Geiger, 47, Warren, was sentenced by Hammond in October to 92 to 184 months in state prison on two counts of possession with intent to deliver, criminal use of a communications facility, corrupt organizations, buying/exchanging federal food stamps and cruelty to animals..
Among many charges alleged in the affidavit of probable cause, Geiger had tenants and employees who bought and sold drugs for him, his tenants paid rent in part or in full through selling drugs, Geiger bought Pennsylvania Access cards from people, and, on two occasions, he sold drugs to confidential informants.
Police listed Geiger’s monthly rental income at $11,000 and said the “rental income and the drug trafficking money are so intertwined that the monies are unable to be differentiated,” according to the affidavit probable cause. Argument on the motion for relief was heard on Thursday morning.
Geiger’s attorney, Henry Borger, specifically addressed the corrupt organization charge, calling it the “most serious charge.”
He said that there isn’t case law for that charge merging into the possession with intent to deliver but said that the elements of the corrupt organization charge have “to do with the marijuana transactions,” suggesting it would “seem to make common sense” to provide relief.
First Assistant District Attorney Caleb Gnage said that the Commonwealth is opposed to the motion and said that Geiger was the “principal actor in the enterprise…. Not only is he involved in an enterprise but he is the criminal actor,” using the funds generated to “reinvest in the enterprise.”
Hammond said that all of the sentence are “dead set in the middle of the standard range,” when the offense score and Geiger’s prior record are factored in.
“He preyed on people,” he said of Geiger, specifically pointing to his abuse of Access cards. “My comments were supported by all the information.”
He said that the organization “wasn’t a one time deal” but a “pattern of conduct distinct from a one-time pot dealer.”
The enterprise on which the corrupt organization charge is based is “much different than the small time pot dealer we see around here. The nature of that organization, how he manipulated these people, (was) not to help them but to profit.”
The request for relief had alleged that Hammond had abused his discretion in crafting the sentence, an assertion that Hammond said was “factually not true,” citing Geiger’s “30 year track record” of criminal conduct and that he was “a poor candidate for rehabilitation.”
In “consideration of public safety,” Hammond said, he doesn’t “fine it to be excessive” and denied the motion.