The majority say a judge had the discretion to sentence William G. Tomko of W.G. Tomko Inc. of Finleyville 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.
Tomko’s plumbing company won a court order earlier this year allowing it to resume work on the permanent casino at The Meadows Racetrack & Casino. The legal dispute centered on Tomko’s criminal record.