Commonwealth v. Barnhart

722 A.2d 1093, 1998 Pa. Super. LEXIS 4595
CourtSuperior Court of Pennsylvania
DecidedDecember 30, 1998
StatusPublished
Cited by10 cases

This text of 722 A.2d 1093 (Commonwealth v. Barnhart) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Barnhart, 722 A.2d 1093, 1998 Pa. Super. LEXIS 4595 (Pa. Ct. App. 1998).

Opinion

STEVENS, J.:

This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Lebanon County for Dealing in Proceeds of Unlawful Activity, 1 Theft by Unlawful Taking or Disposition, 2 Theft by Deception, 3 Theft by Failure to Make Required Disposition of Funds Received, 4 Tampering With Public Records, 5 Misapplication of Entrusted Property, 6 and Tampering With Records or Identification. 7 We affirm.

Beginning in July, 1992, Appellant, Elaine Barnhart, worked as a fiscal officer at the Lebanon County Life Support Facility, a county-run facility providing care for severely retarded and handicapped people who, in exchange, paid revenues to the facility from income they received in the form of Medical Assistance, Social Security, or Railroad Retirement payments. Appellant’s responsibilities were to deposit the payments into patient accounts, and then withdraw the funds as needed for the costs of running the facility, and maintain the facility’s accounting books and records regarding patient accounts and the facility’s operating expenditures.

In 1994, the facility discovered internal discrepancies in its accounting records and ordered an audit. The audit revealed that from September 1992 to March 1994, over fifty thousand dollars was stolen from the patient’s accounts and from the facility. Numerous false entries, all made by Appellant, in the facility’s books and records had concealed the theft of funds. The most significant of the false entries was Appellant’s attempt to refund the depleted patient’s accounts with money from the facility’s separate “capital depreciation account,” from which the facility had recently withdrawn a substantial amount of funds for roof repairs. Despite the facility’s payment in full for the roof repairs, Appellant withdrew from the capital depreciation account an additional thirty two thousand dollars and, in the books, designated the withdrawal as a transfer of funds needed for the roof. Further proof that Appellant participated in the theft was that the records contained many receipts, needed to justify withdrawals from the patients’ accounts, which were connected *1095 to Appellant’s personal expenditures rather than to the patients themselves.

A financial investigation of Appellant revealed that, during the same time of the thefts, Appellant deposited large amounts of cash into her own personal accounts, thirty-three thousand six hundred dollars ($33,-600.00) of which Appellant could not account for by legitimate means. A large number of the cash deposits into Appellant’s personal account matched the amounts stolen from the facility. The investigation into Appellant’s finances also uncovered that, between 1992 and 1994, Appellant’s daughter’s college, Temple University, refunded to Appellant over nine thousand dollars ($9,000.00) which the school designated as tuition overpayment. Though records show that the overpayments came from checks drawn from the account of daughter’s father, Jerry Barnhart, evidence showed that Appellant made several deposits into Jerry Barnhart’s checking account at the same time the tuition overpayments were made and that Temple paid all of the refunds to Appellant.

The investigations culminated with Appellant being charged with the seven above-listed crimes. After trial, Appellant was convicted on all counts and sentenced to a cumulative sentence of twenty-seven months to five years less one day in the Lebanon County Correctional Facility. She raises two issues on appeal to this Court, namely, that the evidence was insufficient to support her conviction under 18 Pa.C.S.A. § 5111, infra, for dealing in the proceeds of unlawful activities, and that the lower court erred in refusing to admit her offer of expert testimony that she could not have understood the methods used by the guilty party to conceal the stolen funds.

Appellant argues in the first of her two issues on appeal that the evidence was insufficient to support her conviction under Section 5111. 8 In addressing Appellant’s insufficiency claim, we view all the evidence and reasonable inferences therefrom in the light most favorable to the Commonwealth as verdict winner, and inquire whether sufficient evidence existed to enable the factfin-der to find every element of the crime charged proven beyond a reasonable doubt. See Commonwealth v. Thomas, 527 Pa. 511, 594 A.2d 300 (1991). Here, Appellant predicates her insufficiency challenge on the assertion that Section 51U’s legislative history reveals that transacting in the proceeds of drug dealing is a required element under Section 5111, and that, since no such evidence was ever adduced against her at trial, the Commonwealth failed to support its burden.

In reviewing the elements of Section 5111, we first note that when determining the meaning of a statute, a court must begin with the plain meaning of the language used in that statute. Ludmer v. Nernberg, 699 A.2d 764 (Pa.Super.1997). A court cannot disregard clear and unambiguous statutory language under the pretext of pursuing the spirit of the statute. Commonwealth v. Heberling, 451 Pa.Super. 119, 678 A.2d 794 (Pa.Super.1996). It is only when a statute is unclear that the court may embark upon the task of ascertaining the intent of the legislature. Id. The part of Section 5111 relevant to our discussion contains clear language which expands the statute’s purview beyond transactions involving the proceeds of illegal drug dealing. Indeed, the Section’s very title, “Dealing in proceeds of unlawful activities,” refers generally to a plurality of possible illegalities and thus belies Appellant’s limiting interpretation, as does the body of the statute, which provides in relevant part:

(a) Offense defined. — A person commits a felony of the first degree if the person knowing that the property involved in a financial transaction represents the proceeds of unlawful activity, conducts a financial transaction which involves the proceeds of unlawful activity under any of the following circumstances:
(1) With the intent to promote the carrying on of the unlawful activity.
(2) Knowing that the transaction is designed in whole or in part:
(i) to conceal or disguise nature, location, source, ownership or control of the proceeds of unlawful activity; or
*1096 (ii) to avoid a transaction reporting requirement under State or Federal law.
(f) Definitions.

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Bluebook (online)
722 A.2d 1093, 1998 Pa. Super. LEXIS 4595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-barnhart-pasuperct-1998.