February 11, 2019 8270-2019 PENNSYLVANIA GAMING CONTROL BOARD Office of Hearings & Appeals P.O. Box 69060 Harrisburg, PA 17106-9060 717-265-7451 February 11, 2019 MJK Electrical Corporation 5957 Addison Street P.O. Box 28664 Philadelphia, PA 19151 PGCB Office of Enforcement Counsel Harrisburg, PA 17101 HEARING NOTICE A Hearing has been scheduled for you. RE: Emergency Suspenion of Gaming Service Provider DOCKET#: 8270-2019 GAMING ID#: 77125 APPLICANT: MJK Electrical Corporation 5957 Addison Street P.O. Box 28664 Philadelphia PA 19151 ATTORNEYS: DATE: 2/28/2019 TIME: 01:00 PM LOCATION: VIA Video Conshohocken Office - Spring Mills Compl Quaker Park Building 1001 E. Hector St. 2nd Floor, Suite 201 Conshohocken PA 19428 PGCB personnel called to testify may do so via video. The Office of Hearings & Appeals  must be notified at least two business days in advance if utilizing this option. If you are unable to attend this hearing you must notify our office at least 48 hours in advance. A hearing will only be rescheduled for good cause. If you will require special accommodations (i.e. interpreter, A.D.A. facilities, etc.) please notify us immediately by calling 717-265-7451. Failure to appear at this hearing may result in the loss of your ability to work in the Pennsylvania casino industry. February 25, 2019 8270-2019 LAW OFFICES MCBRIEN, MONTALTO STERN 325 SWEDE STREET NORRISTOWN, PA 19401 Frederick W. McBrien, (610) 272-5300 Nicholas R. Montalto (610) 272-1586 Fax Edward A. Stern February 22, 2019 Gaming Control Board Of?ce of Hearings Appeals PO. Box 69060 Harrisburg, PA 17106?9060 Re: MJ Electrical Corporation Gaming Service Provider Certi?cation PGCB Gaming 77125-2 Investigation ID: Docket No. 8270-2019 Dear Sir or Madam: 1 represent MJK Electrical Corporation. 1 am requesting that the Appeal ?led on its behalf be Withdrawn. Therefore, the hearing scheduled for February 28, 2019 at 1:00 pm. will not be necessary. Yours truly, . Nicholas R. Montalto nickmontalto?immilaw.corn February 25, 2019 8270-2019 Beard Clerk PGCE 1, Donna Sykes, hereby state that the facts above set forth regarding MJ Electrical Corporation and George J. Peltz are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 4904 (relating to unsworn falsi?cation to authorities). 33W Donna Sykes Supervisor Bureau of Investigations and Enforcement Fe}. 153,101?1 Date February 1, 2019 8270-2019 BEFORE THE GAMING CONTROL BOARD COMMONWEALTH OF MJK ELECTRICAL CORPORATION GAMING SERVICE PROVIDER CERTIFICATION EMERGENCY SUSPENSION PGCB GAMING 77125-2 Investigation ID: 77125-E4813-19 ORDER OF EMERGENCY OF SUSPENSION FOR GAMING SERVICE PROVIDER CERTIFICATION OF MJK ELECTRICAL CORPORATION WHEREAS, MJK Electrical Corporation was granted a Gaming Service Provider Certi?cation from the Board on or about November 20, 2013; and, WHEREAS, pursuant to 58 Pa. Code on January 31, 2019, the Of?ce of Enforcement Counsel requested that an Emergency Order be issued by the Executive Director of the Board suspending the Gaming Service Provider Certi?cation of MJK Electrical Corporation; and WHEREAS, the Executive Director has reviewed the Request for an Emergency Order and believes that an Emergency Order should be issued to preserve the public health, welfare, or safety or the integrity of gaming in this Commonwealth because it has been determined that George J. Peltz, Vice President and Owner of MJK Electrical Corporation, has pleaded guilty to numerous felony offenses and crimes that make him and MJK Electrical Corporation unsuitable for licensure; THEREFORE, in accordance with 58 Pa. Code 4033.7 the Gaming Service Provider Certi?cation of MJ Electrical Corporation is suspended. MJK Electrical Corporation may request an informal hearing before the Executive Director within 72 hours of the Request for an Emergency Order being ?led by the Board by sending the attached Hearing Request Form to Clerk to the Board, Gaming Control Board, Of?ce of Hearings and Appeals, Strawberry Square Complex, 2nd Floor, P. O. Box 69060, Harrisburg, 17101 or by sending by facsimile to (717) 265?7416. Gaming Control Board By: KW F70 lavas?M DATED: [/Bl/l?i Kevin F. O?Toole I Executive Director February 1, 2019 8270-2019 BEFORE THE GAMING CONTROL BOARD COMMONWEALTH OF MJK ELECTRICAL CORPORATION GAMING SERVICE PROVIDER CERTIFICATION EMERGENCY SUSPENSION PGCB GAMING 77125-2 Investigation ID: 77125-E4813-19 REQUEST FOR AN EMERGENCY ORDER OF SUSPENSION FOR GAMING SERVICE PROVIDER CERTIFICATION AND NOW, comes the Office of Enforcement Counsel to request an Emergency Order of Suspension of the Gaming Service Provider Certi?cation of MJK Electrical Corporation, and in support thereof states the following: 1. MJK Electrical Corporation (77125-2), is a licensed electrical contractor which provides electrical construction, building maintenance, and of?ce tenant fit-outs. MJK Electrical Corporation was granted a Gaming Service Provider Certi?cation by the Gaming Control Board (?Board?) on or about November 20, 2013. MJ Electrical Corporation presently has a renewal application pending with the Board. 2. George J. Peltz (78091~2), is the Vice President and 49% owner of MJK Electrical Corporation and is an authorized Quali?er of MJK Electrical Corporation. 3. The Office of Enforcement Counsel may request that an emergency order be issued by the Executive Director of the Board pursuant to 58 Pa. Code 4. Pursuant to 58 Pa. Code an emergency order may be issued if there is insuf?cient time to provide notice and a hearing prior to the issuance of the order, and the order is necessary to preserve the public health, welfare, or safety or the integrity of gaming in this Commonwealth if it has been determined that a person holding a license, certi?cation, permit or registration issued by the Board has been charged with or convicted of a felony, a criminal gaming offense, or crime of dishonesty or false statement or other offense that would make the person ineligible or unsuitable to hold a license, permit, certi?cation or registration. 5. The Bureau of Investigation and Enforcement became aware on January 29, 2019, that George J. Peltz had been criminally charged in the United States District Court for the Eastern District of on January 22, 2019. See Exhibit A. 6. According to the Information, George J. Peltz was charged with: 26 U.S.C. 7201 (Tax Evasion) 26 U.S.C. 7202 (Failing to Pay Payroll Taxes) 18 U.S.C. 664 (Theft from Employee Bene?t Plans) 29 U.S.C. 186(a)(2) (Unlawful Payments to a Union Of?cial) 7. Pursuant to 26 U.S.C. 7201, ?any person who will?illy attempts in any manner to evade or defeat any tax imposed by this title or the payment thereof shall, in addition. to other penalties provided by law, be guilty of a felony and, upon conviction thereof, shall be fined not more than $100,000 ($500,000 in the case of a corporation), or imprisoned not more than 5 years, or both, together with the costs of prosecution.? Emphasis added. 8. Pursuant to 26 U.S.C. 7202, ?any person required under this title to collect, account for, and pay over any tax imposed by this title who willfully fails to collect or truthfully account for and pay over such tax shall, in addition to other penalties provided by law, be guilty of a felony and, upon conviction thereof, shall be ?ned not more than $10,000, or imprisoned not more than 5 years, or both, together with the costs of prosecution. Emphasis added. 9. The Case Summary provided by the federal court lists 26 U.S.C. 7201 (Tax Evasion), 26 U.S.C. 7202 (Failing to Pay Payroll Taxes), 18 U.S.C. 664 (Theft from Employee Bene?t Plans), and 29 U.S.C. 186(a)(2) (Unlawful Payments to a Union Of?cial) all as ?Offense Level 4? charges. See Exhibit B. 10. George .I. Peltz is charged with four (4), Offense Level Four (4), or felony grade offenses. 11. It was alleged that George J. Peltz ?willfully evaded and defeated, and attempted to evade and defeat, the payment of approximately $336,807 in personal income tax due and owing by him for the tax years 2012, 2013, 2014 and 2015.? 12. It was alleged that George J. Peltz ?failed to deduct and collect MJK Electrical Corporation employees' federal income taxes and Federal Insurance Contribution Act taxes? (Social Security and Medicare) and ?willfully failed to account truthfully for and pay over to the Internal Revenue Service approximately $173,040, which represented MIK employees? federal income taxes and Federal Insurance Contribution Act taxes, and the required matching employer- paid Federal Insurance Contribution Act taxes, for tax years 2012, 2013, 2014 and 2015.? 13. It was alleged that George J. Peltz ?embezzled, stole, and unlawfully and willfully converted to his own use, approximately $468,234 of the moneys and funds of the employee benefit plans of the International Brotherhood of Electrical Workers Locals 98, 351 and 654 which were subject to Title I of the Employee Retirement Income Security Act (ERISA) of 1974, or connected to a ?md that was subject to 14. It was alleged that George J. Peltz ?unlawfully and willfully paid, lent and delivered money and other things of value exceeding $1,000?, on no less than five (5) occasions, ?from MJ Electrical Corporation, and persons acting in the interest of MJK Electrical Corporation?, to a Local 98 Official, ?an of?cer and employee of Local 98, which represented, sought to represent, and would admit to membership, employees of MJ Electrical Corporation, who were employed in an industry affecting commerce.? 15. George J. Peltz was scheduled for Notice of Arraignment and Guilty Plea Hearing on January 28, 2019. See Exhibit C. 16. On January 28, 2019, George J. Peltz waived prosecution by indictment and consented that the proceeding may be by information instead of by indictment. He pled guilty to all four (4) charges against him, however, the plea has been sealed by the courts. See Exhibit D. 17 . George J. Peltz is scheduled to be sentenced on May 21, 2019. See Exhibit E. 18. Based upon information received, the Of?ce of Enforcement Counsel believes and therefore avers that George J. Peltz was charged and has pleaded guilty to Tax Evasion, Failing to Pay Payroll Taxes, Theft from Employee Bene?t Plans, and Unlawful Payments to a Union Of?cial. 19. Based upon information received, the Of?ce of Enforcement Counsel believes and therefore avers that in light of George J. Peltz?s recent guilty plea to felony offenses, an Emergency Order of Suspension is proper and necessary to preserve the public health, welfare, safety, and the integrity of gaming in this Commonwealth. 20. Based upon the aforementioned allegations, the Of?ce of Enforcement Counsel believes and therefore avers that George J. Peltz?s recent guilty plea to felony offenses makes him unsuitable as a Quali?er and for MJ Electrical Corporation to be Certi?ed as a Gaming Service Provider. 21. Currently, MJK Electrical Corporation is currently conducting business with Sugarhouse HSP Gaming, LP d/b/a SugarHouse Casino. WHEREFORE, the Of?ce of Enforcement Counsel requests that the Executive Director suspend the Gaming Control Board Gaming Service Provider Certi?cation of MJK Electrical Corporation in accordance with 58 Pa. Code ?403a.7. Respectfully Submitted, Of?ce of Enforcement Counsel DATED: Mir/f7 Michael/R. olaiid Senior En orcement Counsel Supreme Court ID 90649 Gaming Control Board Of?ce of Enforcement Counsel 303 Walnut Street, Strawberry Square Commonwealth Tower, 10th Floor Harrisburg, PA 17101 (717) 265?8326 EMERGENCY SUSPENSION HEARING REQUEST PURSUANT TO SECTIONS A PERSON SUBJECT TO A TEMPORARY EMERGENCY ORDER MAY REQUEST AN INFORMAL HEARING, TO BE HELD WITHIN 72 HOURS, BEFORE THE EXECUTIVE DIRECTOR, OR A DESIGNEE, TO CONTEST AN EMERGENCY SUSPENSION ORDER Gaming Control Board Of?ce of Hearings and Appeals Strawberry Square Complex, 2"d Floor P. O. Box 69060 Harrisburg, 17101 (717) 265-7451 - phone (717) 265?7416 - fax boardclerk a.Uov RE: Requesting Immediate Hearing Following Emergency Suspension APPLICATION OF PGCB LICENSING DOCKET NO: I, request a hearing within Name (Please Print) 72 hours for the above captioned matter. Hearings may be held either in person or via video conference. I request that my hearing be held in (please check below) Harrisburg (in person) Pittsburgh (Video) Conshohocken (video) El Scranton (video) I understand that it is my responsibility to notify the Of?ce of the Clerk of any change of address. (Signature) E-Mail Address Street Address City State Zip Date Telephone number where you can be reached Please note, location requests will be granted subject to availability. VERIFICATION 1, Barbara Kaylor, hereby state that the facts above set forth regarding MJ Electrical Corporation and George J. Peltz are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 4904 (relating to unsworn falsi?cation to authorities). Barbara KaylorU Investigative Analyst Bureau of Investigations and Enforcement Q07MW 8/ egg/{C} DateQ CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 31St day of January, 2019, a copy of the Request for an Emergency Order of Suspension for Gaming Service Provider Certi?cation of MJK Electrical Corporation was served upon the following in the manner of certi?ed mail and ?rst?class mail: MJ Electric Corporation 5957 Addison Street PO. Box 28664 Philadelphia, PA 191 51 enior Enforcement Counsel BEFORE THE GAMING CONTROL BOARD COMMONWEALTH OF MJK ELECTRICAL CORPORATION GAMING SERVICE PROVIDER CERTIFICATION EMERGENCY SUSPENSION PGCB GAMING 77125-2 Investigation ID: REQUEST FOR AN EMERGENCY ORDER OF SUSPENSION FOR GAMING SERVICE PROVIDER CERTIFICATION PROOF OF SERVICE On 2019, at the undersigned hereby certi?es that a copy of the Request For An Emergency Order of Suspension for Gaming Service Provider Certi?cation and the Order of Emergency Suspension of Gaming Service Provider Certi?cation was served upon MJ Electrical Corporation at (Signature of server) (Title) (Signature of recipient) (Title) Exhibit A IN THE STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF UNITED STATES OF AMERICA CRIMINAL NO. 19 Date Filed: January 22, 201.9 GEORGE PELTZ VIOLATIONS: 26 U.S.C. 7201 (tax evasion - 1 want) 26 U.S.C. 7262 (failing to pay over payroll taxes - 1 count) 18 U.S.C. 664 (theft smpiayee bene?t plans - 1 want) 29 U.S.C. 186(a)(2) (unlawful payments t0 3 union of?cial - 1 count) INFORMATION COUNT ONE TAX EVASION 26 U.S.C. 7201 THE ACTING UNITED STATES ATTORNEY CHARGES THAT: At all times fnaierial in: this Infonnation: 1. Defendant GEORGE PELTZ was an owner and operamr of MJK Electric an electrical contracting company with of?ces in the Eastern District of and New Jersey. MJK served cusmmers primarily in Philadelphia and employed approximately 40 people. 2. MJK was an corporation, which ?led a yearly internal Revenue Service Form 11208, US. Income Tax Return for an Ccrparation, but which passed corporate revenue? income, losses, deductidns, and credits through to its shareholders for federal tax. purposes. Thus? defendant GEORGE PELTZ, a shareholder, was required to report the corporate inceme he earned from. MJK on his yearly Internal Revenue Service Form 10403 US. Individual lneeme Tax Return. 3. Defendant GEORGE PELTZ kept payments to MJK of less than $10,000 off the books and records of MJK, and he cashed these checks payable to MJK, in the total amount of appreximately $1,504,399, at a check cashing service. Defendant PELTZ retained same of the cash for personal use, and used some to pay MJK employees in cash. 4. Defendant GEORGE PELTZ used a corporate credit card issued to MJK to make approximately $101,099 in personal expenditures, all of which censtituted income to defendant PELTZ. 5. Defendant GEORGE PELTZ did not inform MJK accountants and his personal tax preparers about the cash he tank from MJK, the eash payroll, and the personal expenditures he made with the MIR eredtt card. 6. From in at about January 2012, through in or about December 2015, in the Eastern District of and elsewhere, defendant GEORGE PELTZ will?tlly evaded and defeated, and attempted to evade and defeat, the payment of approximately $336,807 in personal income tax due and owing by him fer the tax years 2012, 2013, 2014, and 2615. In violatien of Title 26, United States Code, Sectien 71201. to COUNT TWO FAILING TO PAY PAYROLL TAXES mueo??m THE ACTING UNITED STATES ATTORNEY FURTHER CHARGES THAT: 1. Paragraphs 1 through 3 of Count One are incorporated here. 2. As an employer, defendant GEORGE PELTZ was required by federal law to collect, truthfully account for? and pay over to the United States, certain payroll taxes. These included MJK employees' withheld federal income taxes and Federal insurance Contribution Act taxes that is, Social Security and Medicare taxes. Defendant PELTZ also was required by federal law to report and pay over to the United States, through MJK, a matching amount of the taxes for each employee. During 2012 through 2015? failed to pay over $173,040 in payroll taxes. 3, Defendant GEORGE PELTZ paid certain MJK employees cash wages for overtime and weekend work, and he paid other MJK employees cash wages for all work performed for MJK. 4. Defendant GEORGE PELTZ instructed his bookkeeper to report to M1 K?s payroll service providers only the hours worked by MJK employees during the regular 40-hour work week, excluding all work hours for which MJK employees were paid in cash. Thus, the payroll service provider withheld and paid over to the Internal Revenue Service only the federal income taxes and Social Security and Medicare taxes for the employee wages disclosed to it by MIKE but not the taxes for the cash wages PELTZ paid his employees. Additionally, defendant instructed the bookkeeper not to pay over to the United States matching amount of the taxes that should have been withheld, but were note 5. Defendant GEORGE PELTZ did not inform MJK aeceumants and his persenal tax preparers about the cash wages he paizi to his employees. 6. Frem in or about January 2012, through in or about December 2015, in the Eastern District of and elsewhere, defendant GEORGE PELT failed to deduct and collect MJK employees? federal inceme taxes and Federal Insurance Contribution Act taxes that is, Social Security and Medicare taxes, and willfully failed to account truthfully for and pay ever to the Internal Revenue Service, approximately $173,940, which represented employees' FIT taxes, and the required matching. employer-pald FICA taxes, for tax years 20123 201.3, 2014, and 2015. In Violation of Title 26, United States Code, Section 7202. COUNT THREE THEFT FROM EMPLOYEE BENEFIT PLANS is U.S.C 664 THE ACTING UNITED STATES ATTORNEY FURTHER CHARGES THAT: 1. Paragraphs 1 through 5 of Count Two are incorporated here. 2. The International Brotherhood of Electrical Workers was a labor union headquartered in Washington, DC. that: represented electricians. Defendant GEORGE and MJK employed union electricians who were members of IBEW Locals 98, 351, and 654. The Local Unions were labor organizations engaged in an iodus?y affecting commerce within the meaning of Sections 4026) and 402(g) of Title 29, United States Code? 3. Defendant GEORGE PELTZ, on behalf of MJK, agreed to be bound by collective bargaining agreements between management and these Locals. These collective bargaining agreements governed all aspects of the laboramanagement relationship between MJK and the unions, including working conditions, wages, union dues, employment procedures, and contributions to employee benefit plans. 4. The collective bargaining agreements required MJK: l) to submit payroll reports to the local unions, which identi?ed Ml K?s union workers and the hours they worked; and 2) to make contributions on behalf of the employees to various employee bene?t plans and funds} based upon those working hours and the workers? pay rate and experience, as set forth in the collective bargaining agreements described above. 5. Each plan and fund was subject to Title I of the Employee Retirement Income Security Act of 1974, as amended Title 29, United States Code, Section. 1001? et sea, a federal law enacted to protect employee pension and welfare benefit plans and their participants and bene?ciaries by regulating reporting, record keeping, disclosure, and other matters affecting the operations of such plans. 6. Defendant GEORGE. PELTZ directed his employees to prepare false payroll reporta for the local unions, which identified union workers but only reported their hours within the regular 40-hour week, not the overtime hours for which defendant PELTZ paid his employees cash, and not the hours of certain employees PELTZ paid entirely with cash. PELTZ also directed that contributions to the unions? benefit funds be based upon only the reported work hours, not the hours paid in cash. By doing so, PELTZ stole hundreds of thousands of dollars, which he should have contributed to his employees? union bene?t plans and foods. 7. During 2012 through 2015, failed to pay approximately $468,234 in com?ributions to union bene?t plans on behalf of his union employees. 8. During in or about January 2012 through in or about December 2015, in the Eastern District of and elsewhere, defendant GEORGE PE-LTZ embezzled, stole, and unlawfully and willfully converted to his own use, approximately $468,234 of the moneys and funds of the employee bene?t plans of IBEW Locals 98, 351, and 654 which were subject to Title I of the Employee Retirement Income Security Act (ERISA) of 1974, or connected to a fund that was subject to ERISA. In violation of Title l. 8, United States Code, Section 664. COUNT FOUR MAKING UNLAWFUL PAYMENTS TO A UNION OFFICIAL 29 U.S.C. 186 THE ACTING UNITED STATES ATTORNEY FURTHER CHARGES THAT: 1. Paragraphs 1 and 2 of Count Three are incorporated here. 2. Section 302 of the Labor Management Relations Act or "Taft-Hartley Act?), 29 U.S.C. 186, prohibited certain ?nancial transactions involving the payment and delivery of money and other things of value from employers and persons acting in the interest of employers to the of?cers and employees of labor organizations. Employers were permitted to engage in ?nancial transactions with of?cers and employees of labor organizations, but only if the transaction was "at the prevailing market price in the regular course of business." 3. Local Union 98 of the International Brotherhood of Electrical Workers (hereafter ?Local 98?) was a labor organization which was engaged in commerce and which represented, sought to represent and would admit to membership; employees who were employed in an industry affecting commerce as those terms are de?ned in 29 U.S.C. ?l42 and ?1523 that is, the electrical construction industry in eastern Local 98 Of?cial No. 1, whose identity is known to the Acting United States Attorney, was arr of?cer and employee of Local 98. 4. MJK Electric was an electrical construction employer whose employees were employed in the electrical coostruetion industry, in eastern and elsewhere, and whose employees Local 98 represented, sought to represent and would admit to membership, pursuant to labor agreements between MJK Electric and Local 98. As the owner and operating of?cer of MJK Electric, defendant GEORGE PELTZ was a person acting in the interest of employer MJK Electric. 5. Defendant GEORGE PELTZ provided the following things of value. free of charge, to, or at the request ei? Local 98 Of?cial No. l: 21. During 2012 and 2013, MJK Electric purchased and installed a security system, and LED displays, with a retail value of $313 77, in a business partially owned by anal 98 Official No. l. b. Between January 2012 and July 2016: MJK Electric performed electrical maintenance work, with a value of approximately $2,900, at the home ofa relative of Lccal 98 Of?cial No. l. c. In March 20?, MJK Electric purchased and installed large screen televisions, with a retail value of $4,207, in the heme of Local 98 Official No. 1. in December 2015 and January 2016, Electric purchased and installed large screen televisions and a security system, with a retail value of $193882, in the heme of a family member of Local 98 Of?cial No. l. e. Between April 2013 and April 2016, defendant GEORGE PELTZ gave Local 98 Of?cial N9. 1 gift cards and gift certi?cates $5,500 from Boyd?s, a clothing store in Philadelphia. 6. me in or about January 2012 to in or about July 2016, in the Eastern District of and elsewhere, defendant GEORGE- PELTZ unlawfully and willfully paid, lent and delivered money and other things ofvalue exceeding $1,000, as described in paragraphs 5a through 5e, above, from MJK Electric and persons acting in the interest of MJK Electric to Local 98 Of?cial No. 1, an of?cer and employee of Local 98, which represented, sought to represent, and wouid admit to membership, employees 0f MJK Electric; who were cmpioyed in an industry affecting commerce. In violation 0f Title 29, United States Code, Sections arid . Mia; Cad/fei?ag?ka ix Mai? ARBITTIER WILLIAMS Attorney for the United States, Acting Under Aathority Coaferred by 28 U.S.C. 515 I3 IN THE UNHED STATES DISTRICT COURT {be FOR THE EASTERN DISTRICT OF INFORMATION DESIGNATION FORM to be used by counsel to indicate the category the for the purpose of assignment to appropriate calendar if maa?z Address of Plamtiff 615 Chestnut Street, Suite 1250, Philadelphia, PA 19106?4476 Post Of?ce: Philadelnhia County: Philadelghia City and State of Defendam: Ocean Cit); NJ County: Cape May Coun? Register; number: NIA Place of accident, incident, or transaction: Eastern District of Post O?iee: Philagelghia County: Philadelghia RELATED CASE, IF ANY: Criminal cases are deemed, related when the aoswer to the following question is ?yes?. Does this case involve a defendant or defendants alleged to have participated in the same action or transaction, or in the same series of acts or sansactions, constituting an offense or o?enses? YESMO: No Case Number: No In Judge: No (Criminal. Category - FOR USE BY US. ATTORNEY ONLY) 1. EAntitrust Elncome Tax and other Tax Prosecutions GCommercial Mail Fraud a Controlled Substances BYiolations of 13 U.S.C. Chapters 95 and 96 (Sections 1951-55 and 1961?68) and Mail Fraud other than commercial 5. mGeneral Criminal (US. ATTORNEY WILL PLEASE DESIGNATE PARTICULAR CRIME AND STATUTE CHARGED TO BE VIOLATED AND STATE ANY PREVIOUS CRIMINAL NUMBER FOR SPEEDY TRIAL ACT TRACKING PURPOSES) 26 U.S.C. 7201 (tax evasion 1 count); 26 11.3.0. 7202 (failing to payover payroll taxes 1 count); 18 U.S.C. 664 (theft from employee bene?t plans 1 count); 29 186(a)(2) (unlaw?ll payments to a 1018.1 - Viki-?l" DATE: Januarv 22. 2019 WM Costello It lPaol Gr Assistant United States Attorneys File No. 201915100 US. 11. George Peltz_ Exhibit Case Summary All Defendants USA v. PELTZ Date ?led: 01/22/2019 Date of last filing: 01/28/2019 GEORGE PELTZ (1) Of?ce: Philadelphia Filed: 01/22/2019 County: Phiiadelphia Terminated: Reopened: Other Court Case: None Count: 1 Citation: Offense Level: 4 2627201 TAX EVASION Count: 2 Citation: Offense Level: 4 26:7202 FAILING TO PAY OVER PAYROLL TAXES Count: 3 Citation: Offense Level: 4 18:664 - THEFT FROM EMPLOYEE BENEFIT PLANS Count: 4 Citation: 29: 1 86A.F Offense Level: 4 AND - UNLAWFUL PAYMENTS TO A UNION OFFICIAL Defendant Custody Status: Released Defendant: GEORGE represented BARRY GROSS(Designation Retained) Phonez215n988~2872??s PELTZ by Fax: 21 sass?2757:3533 Email: barry.gross@dbr.com Plaintiff: USA represented RICHARD P. BARRETNDesignation by Assistant US Attorney) Fax: 215-861-8618g53 Email: richard.barrett3 @usdoj . gov Plaintiff: USA. represented FRANK R. COSTELLO(Designation by Assistant US Attorney) Emaii: frank.costello@usdoj.gov Plaintiff: USA represented PAUL L. GRAY(Designation Assistant US Phone:TEL 215-861-8257?e: by Attorney) Fax: FAX 215-861-8618?: Email: paul. gray@usdoj . gov Plaintiff: USA represented JENNIFER A. WILLIAMSGDesignation by Assistant US Attorney) PACER Service Center 1 I Transaction Receipt I 01/30/201911:15:41 EASIER g01689z306765010 Client Code: gc1689 ogm: . . Search Description. Case Summary Criteria: JLS IBiIlable Pages: "i ?Cost: ?0 1 0 I Exhibit FILED UNDER SEAL FILED UNDER SEAL IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF UNITED STATES OF AMERICA vs. 2 CRIMINAL ACTION NO. 1948 GEORGE PELTZ January 24, 2019 NOT IN CUSTODY NOTICE OF ARRAIGNMENTZGUILTY PLEA HEARING TAKE NOTICE that an ARRAIGNMENT AND GUILTY PLEA HEARING in the above case is scheduled for MONDAY, JANUARY 28, 2019 AT 10:90 A.M. before the Honorable Jeffrey L. Schmehl at the James A. mee United States Courthouse, Market Street, courtroom ll-A, Philadelghia, DEFENDANT ARE DIRECTED TO REPORT TO THE COURTROOM ON THE DATE AND TIME STATED ABOVE. IF A DEFENDANT FAILS TO APPEAR AS DIRECTED, THE BAIL MAY BE FORFEITED AND A BENCH WARRANT ISSUED. If a defendant is presently in jail, the defendant or his counsel shall notify the undersigned in writing immediately so that the necessary procedures can be taken to have the defendant present in the courtroom. Teri L. Lefkowith Deputy Clerk to Judge Schmehl (610) 320-5030 INTERPRETER REQUIRED 1 THIS PROCEEDING HAS BEEN RESCHEDULED FROM: served on: John Gallagher, AUSA Barry Gross, Esq. U.S. Marshal Probation Of?ce Pretrial Services Defendant (through counsel) Exhibit Waiver of Indictment UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF UNITED STATES OF AMERICA CRIMINAL No. {Cir Li 8 V. GEORGE PELTZ GEORGE PELTZ, the above named defendant, who is accused of 26 U.S.C. 7201 (tax evasion 1 count); 26 U.S.C. 7202 (failing to pay over payroll taxes -- count); 18 U.S.C. 664 (theft from employee bene?t plans I count); 29 U.S.C. 186(a)(2) (unlawful payments to a union of?cial 1 count) being advised of the nature of the charge and his rights; hereby waives in open court prosecution by indictment and consents that the proceeding may be by information instead of by indictment. Witness 3: Date 2 GROSS, ESQUIRE JOSEPH A. Counsel for Defendant Exhibit IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF UNITED STATES OF AMERICA vs. CRIMINAL ACTION NO. 19-48 GEORGE PELTZ January 28, 2019 NOT IN CUSTODY NOTICE OF SENTENCING HEARING TAKE NOTICE that a SENTENCING HEARING in the above case is scheduled for TUESDAY. MAY AT 10:00 A.M. before the Honorable Jeffrey L. Schmehl THE READING STATION. THE MADISON BUILDING, 400 WASHINGTON STREET, 4TH FL, READING, PA. DEFENDANTS ARE DIRECTED TO REPORT TO THE COURTROOM ON THE DATE AND TIME STATED ABOVE. IF A DEFENDANT FAILS TO APPEAR AS DIRECTED, THE BAIL MAY BE FORFEITED AND A BENCH WARRANT ISSUED. If a defendant is presently in jail, the defendant or his counsel shall notify the undersigned in writing immediately so that the necessary procedures can be taken to have the defendant present in the courtroom. Teri L. Lefkowith. Deputy Clerk to Judge Sehrnehl (610) 320?5030 INTERPRETER REQUIRED THIS PROCEEDING HAS BEEN RESCHEDULED FROM: served on: John Gallagher, AUSA Paul Gray, AUSA Barry Gross, Esq. U.S. Marshal Probation Of?ce Pretrial Services Defendant . February 1, 2019 8270-2019 Board Clerk: PGCB BEFORE THE GAMING CONTROL BOARD COMMONWEALTH OF MJK ELECTRICAL CORPORATION GAMING SERVICE PROVIDER CERTIFICATION EMERGENCY SUSPENSION PGCB GAMING 77125-2 Investigation ID: 77125-E4813-19 REQUEST FOR AN EMERGENCY ORDER OF SUSPENSION FOR GAMING SERVICE PROVIDER CERTIFICATION PROOF OF SERVICE On a! I ,2019, at i 35'- ib the undersigned hereby certi?es that a cepy of the Request For An Emergency Order of Suspension for Gaming Service Provider Certi?cation and the Order of Emergency Suspension of Gaming Service Provider Certi?cation was served upon MJK Electrical Corporation at 595?? mean 31" it. t? r?r?rj (Signature of scrver)w (Title) (Signature of recipient) (Title)