Posted on 10/15/2004 6:44:51 AM PDT by Born Conservative
SCRANTON - Calling the case "an American tragedy," a federal judge on Thursday sentenced world renowned polka musician Jan Lewandowski to 71 months in prison for a investment scheme bilking investors of millions.
U.S. District Judge Thomas Vanaskie cited the amount of the loss and the impact on the victims for imposing the maximum sentence allowed under federal law.
"You used the trappings of trust to convince them to invest," Vanaskie told Lewandowski, better known as Jan Lewan, as the 62-year-old stood before a courtroom filled with more than two dozen of his victims. "It was an expression of faith in you. You were one of them. They were one of you. You destroyed all their dreams."
The sentence was based on $2.5 million of the $4.9 million he bilked from investors nationwide.
Vanaskie ordered Lewandowski to pay the full $4.9 million in restitution, but his defense attorneys, Frank Nocito and Phillip Gelso, said Lewandowski has no assets. The only possibility for restitution, Nocito said, is if Lewandowski resumes his singing career when he is released from prison.
Although Vanaskie imposed the maximum sentence, it still did not satisfy some of the victims. "What a farce," said Bill Martin of Bensalem, who lost about $100,000. "What good is a sentence if we don't get our money back?"
The sentencing concluded the downfall of the once-beloved entertainer, who for decades dazzled audiences worldwide with his grammy-nominated band, the Jan Lewan Orchestra.
As he stood before Vanaskie on Thursday, Lewandowski appeared a shadow of the flamboyant showman he once was. Gone were the glitzy outfits he wore on stage, replaced by a brown prison jump suit and blue slippers.
In brief, barely audible comments, Lewandowski apologized to the victims.
"I'm just very sorry for the people," he said, facing Vanaskie.
He showed little emotion, but his wife, Rhonda, and son, Daniel, wept throughout most of the 90-minute hearing.
The sentencing marked the last of three criminal cases filed against Lewandowski by prosecutors in Delaware, New Jersey and the federal government. Each case is connected to the fraudulent sale of unregistered promissory notes in the Jan Lewan Orchestra, Jan Lewan Gift Shop and other business entities he owned.
A consummate showman, Lewandowski was known for his ability to make audience members feel like family. It was precisely that talent that allowed him to dupe investors for so long, Assistant U.S. Attorney Gordon Zubrod said.
Zubrod said Lewandowski promised investors returns of 12 to 20 percent, but his polka empire fell on hard times and he was unable to pay when the notes matured. He covered up the financial crisis by paying some investors with money obtained from new investors, then created fictitious financial statements to conceal the scheme.
Lewandowski has been in prison since January, when he began serving a five- year state prison sentence in the Delaware case. He was sentenced in March to up to seven years in state prison for the New Jersey case. Both sentences will run simultaneously to the federal sentence, which is based on offenses committed in Pennsylvania.
In the federal case, Lewandowski pleaded guilty in December to one count each of mail fraud and wire fraud.
Seeking a more lenient sentence, Nocito acknowledged the pain Lewandowski caused his victims, but said Lewandowski also suffered. He has lost 50 pounds in the nine months he spent in prison. In April he was attacked by another inmate who slashed his neck and back with a razor, leaving him with psychological trauma and possible nerve damage.
Zubrod countered that sympathy should be with Lewandowski's victims, not him.
"There are consequences to him for his conduct. The fact he was assaulted in prison does not diminish the victims losses," Zubrod said.
The attempt to use the prison incident to seek leniency angered some of the victims present Thursday.
"I don't care to hear about his injury in prison. He is there for a reason," said Eleanor Ciuba, who along with her late husband, Victor, lost more than $80,000 they had saved during the decades he worked as a police officer and she as a nurse.
Ciuba was the only victim present Thursday who addressed the court. Others wrote written victim impact letters to the judge.
Ciuba spoke about the financial harm, as well as the psychological damage Lewandowski's betrayal caused. Her husband was of Polish decent, she said, and felt Lewandowski "could do no wrong."
She blames the stress brought on by the fraud for causing her husband to suffer a fatal stroke and for causing her to suffer a near fatal heart attack.
"You'll never know the angst," she said.
Stories like Ciuba's convinced Vanaskie to deny calls for a more lenient sentence, he said.
"While you may express contrition here in the courtroom, it does not mitigate the damage you have done," Vanaskie told Lewandowski.
Lewandowski is being held at the Lackawanna County prison pending transfer to Delaware, where he will serve all his sentences simultaneously.
Play an accordian go to prison .... thats the law
No chicken dance for you!
LOL
Growing up on the SW side of Chicago I KNOW who the Polka King is - it's Frankie Yankovic!
Always was, always WILL BE!!!
(no I'm not Polish)
Polka to the Pokey???
LOL! Oh, I know! I read the article and thought: "Polka king? Who? This guy? Who?"
All Hail the King!
In Heaven There is No Beer Polka
In Heaven there is no beer
That's why we drink it here
And When we're gone from here
All our friends will be drinking all our beer
In Heaven there is no wine
Lets drink til we feel fine
And When it comes our time
All our friends will be drinking all our wine
In Heaven there is no drink
At least thats what we think
And When we go ca-plink
All our friends will be drinking all our drink
In Heaven there is no beer
That's why we drink it here
And When we're gone from here
All our friends will be drinking all our beer
In Heaven there is no beer
Let's stay and Drink it here
And When our friends aren't here
We will be drinking all their beer
Im Himmel gibt's kein Bier,
Im Himmel gibt's kein Bier
Drum trinken wir es hier.
Denn sind wir nicht mehr hier,
Dann trinken die andern unser Bier.
Sicher mu_ der Wein vom Rhein
Etwas Wunderbares sein.
Sicher ist ein feiner Sekt etwas,
Was besonders schmeckt.
Sicher ist der Schnaps so scharf,
Da_ man einen heben darf.
Aber heut' seid's gescheit, liebe Leut'.
Im Himmel gibt's kein Bier . . . .
The 6 Fat Dutchmen escorted him to the slammer.
For his coming out album...
In prison there is no beer.
Too Phat Polka (I don't want him, you can have him, he's too phat for me)
The Happy Warden
Over the Barrel Polka
Apples, Peaches, Thumb in Eye
Be my b!tch
ping
From each accordion to his ability.
To each accordion his need.
The sad part is that some wedding receptions in Wilkes-Barre may have to be cut back to 16-18 hours.
I kid you not.
Wow! For a moment there I thought they had put Jimmy Sturr in, well, stir.
Sweet!
I attended a few wedding receptions in Wilkes-Barre where the reception started at noon on Saturday and finished well into Sunday afternoon, with only a break for Mass.
They might not have the Polka music, but you can bet your doopa there will still be plenty of Kielbasi...
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