A divided U.S. appeals court will allow a wealthy Washington County plumbing contractor to serve house arrest in the $5 million mansion at the center of his tax-fraud case.
The majority says a judge had the discretion to sentence William G. Tomko of Peters Township to a year of home confinement instead of prison.
But five of 13 appellate judges say that judge abused his discretion in letting Tomko serve his time in a "gilded cage."
Tomko's "cage" is an 8,000-square-foot mansion on eight acres with a pool, sauna and home theater.
Tomko had subcontractors submit phony invoices to make the construction of his mansion appear to be business expenses. He admits he avoided nearly $230,000 in taxes.
In January, Tomko's plumbing company won a court order allowing it to resume work on the permanent slots casino at The Meadows Racetrack & Casino.
The Commonwealth Court decision allowed W.G. Tomko Inc. to resume plumbing, heating and air-conditioning work on the casino, which opened last week, until the Pennsylvania Gaming Control Board issued a final action on the company's application for a vendor certification.
However, Tomko, who is semi-retired, was prohibited from visiting the work site or being involved in the project.