Commonwealth of Pennsylvania v. Glenn O. Hawbaker, Inc.
FAQ (As of October 1, 2021)
A: hearing was held on Tuesday, August 3, 2021, and Defendant Glenn O. Hawbaker, Inc. entered a plea of nolo contendere to four counts of Theft by Failure to Make Required Disposition of Funds Received in violation of the Criminal Code of the Commonwealth of Pennsylvania. On August 11, 2021, the Court of Common Pleas of Centre County, Pennsylvania, Criminal Division (Court) issued four (4) separate Orders, one for each count, sentencing Glenn O Hawbaker, Inc., to five years of probation and establishing the Conditions of Probation. These Orders and Conditions of Probation reflect the terms of a signed plea agreement letter which The Commonwealth of Pennsylvania and Defendant Glenn O. Hawbaker, Inc. (GOH, Defendant or Company) agreed upon, including making restitution and the designation of a Corporate Monitor.
A: In the Order for Count 1, the Court ordered GOH to pay restitution in the amount of $20,696,543.00. This Order also states that the payment of restitution, costs and fees shall be made pursuant to a contract defining a payment schedule established by the Centre County Probation and Parole Department (CCPPD).
A: The Corporate Monitor (CM) has two main tasks. First and foremost, the CM will oversee payment of restitution for Defendant’s conduct for the years 2015 through 2018. Secondly, the CM has responsibility to oversee GOH’s compliance with state and federal prevailing wage laws, including the Pennsylvania Prevailing Wage Act (PWA), the federal Davis-Bacon Act (DBA), as well as Davis-Bacon Related Acts (DBRA).
The CM will serve for the five-year term of probation under which the Court placed GOH.
As noted in the Conditions of Probation incorporated in each Court Order, the CM will perform its restitution and oversight by the following activities:
- Submit a written monitoring plan to the Court within 60 days of the date of sentencing;
- Submit at least quarterly compliance reports to the Court during the first year of probation and upon a frequency to be determined by the CM for the subsequent years of probation;
- Supply the CCPPD and the Office of the Attorney General for the Commonwealth of Pennsylvania with a copy of any compliance report submitted to the Court;
- Monitor Defendant’s prevailing wage practices to ensure the Company is in compliance with the Pennsylvania PWA and federal DBA;
- Oversee the correction and remedying of any non-compliant prevailing wage practices by GOH, including consulting government administrative and enforcement agencies.
The Corporate Monitor is Alfred B. Robinson Jr., who is with the firm Ogletree Deakins (Ogletree). While Ogletree does have offices in Philadelphia and Pittsburgh, Mr. Robinson is located in its Greenville, S.C. office. He has extensive prevailing wage background and is a former acting Administrator at the U.S. Department of Labor Wage and Hour Division which enforces DBA.
A: The CM is committed to a transparent process so interested parties may contact him. However, given the large number of such affected individuals, it will be a challenge for the CM to respond to all individual contacts. The CM plans to work with the Office of the Attorney General (OAG) and its Office of Victim Advocate (OVA) as a means to communicate with individuals and victims. He also plans to utilize other types of social media in order to communicate with victims and other interested parties. Individuals are encouraged to monitor the website of the Office of Attorney General for updates and additional FAQs.
A: As set forth in the Court Order for Count 1, the Court sentenced the Company to pay restitution in the amount of $20,696,453.00 to victims during the 2015 through 2018 time period. The Court Order requires CCPD enter into a contract which will establish a payments schedule and states that the Court will approve the contract. As provided in the Conditions of Probation, the CM will oversee the payment of restitution.
A: It is anticipated that restitution will be paid according to a schedule that CCPPD will establish and the Court approves.
A: As part of the criminal investigation process, an outside accounting firm and other consultant were engaged to compile a list of victims and the amount of restitution due each individual for the period from 2015 through 2018. Procedures will be implemented for victims and other interested individuals to ascertain if they are on the list of victims and to update their contact information, including mailing address.
A: As noted in FAQ number 3 above, individuals are encouraged to monitor the website of the OAG as well as that of the OVA for news, information and updates.