Carbon County has filed a civil suit in the local court against a former clerk of courts seeking return of interest on funds he received upon his retirement, based on the fact that he was convicted of a felony count of stealing funds from his office.

Carbon seeks the return of $71,914.39 plus interest from William C. McGinley, 61, who has a mailing address of Lehighton.

McGinley was sentenced last November to serve one to three years in a state correctional institution after previously pleading guilty last August to theft by failure to make required disposition of funds received, a felony, tampering with public records and obstructing administration of law, both misdemeanors.

He was charged in December 2018 by the state attorney general’s office with stealing $43,000 in bail money and court fees. When confronted by the AG investigator, McGinley admitted taking the funds. He repaid the $43,000.

At his sentencing proceeding, Senior Judge John Braxton also ordered McGinley to pay a total fine of $25,000, the maximum allowed by law, and directed that the fine be paid to the county’s pension fund. The suit states the $25,000 fine would offset the accrued interest that McGinley owes.

McGinley retired from the position of clerk of courts on May 2, 2018, after serving 31 and a half years. While employed by the county, McGinley accrued $516,099.91 in pension benefits. Upon his retirement, McGinley withdrew the lump sum of $176,169.58 from his pension. He was also eligible to receive a monthly annuity of $2,472.61 payable for the remainder of his life.

After his plea the county moved, under the state’s Public Employee Pension Forfeiture Act, to regain the pension monies. The county notified McGinley of its action and his monthly payments were stopped.

The county then moved to regain the lump sum he took at his retirement.

McGinley began his prison term in December 2019. Because of the COVID-19 pandemic, the commonwealth department of corrections began reviewing the sentences of certain prisoners in an effort to reduce the prison population to control the spread of the virus.

On May 11, Gov. Tom Wolf signed the authorization of the suspension of McGinley’s sentence based on a report sent to the governor by the department of corrections. The DOC was charged with reviewing the sentences of prisoners with nine months or less to serve.

Although his minimum term would be served by December, he was up for parole review and possible release within five months. The difference in the time periods was reportedly due to “good time” he accumulated since his incarceration. He was serving the sentence at the SCI Waymart, Wayne County. Unconfirmed reports indicate that he has been released from prison.

The suit states on Aug. 28, 2019, legal counsel for the county sent a certified letter to McGinley’s legal counsel, attorney Angelo T. Almonti, citing McGinley’s criminal record and advising the county’s action under the state forfeiture act that he is required to forfeit his pension and remit the accrued interest to the county. The suit states McGinley “did not remit the accrued interest as requested.”

The action was filed by the law office of McNees Wallace and Nurick, of Harrisburg.