Lame duck Biden's clemency acts free an embezzler, corrupt officials, perverts, and fraudsters

President Joe Biden’s pardon and commutation spree this week included granting indulgences for convicted fraudsters and corrupt public officials, a move that will likely sharpen criticism of the outgoing executive’s use of the constitutional power. 

But the president, who is already facing public disapproval for his decision to grant an extensive pardon his own son for charged and potential crimes, may find it even harder to defend this new round of clemencies. 

Among those granted some form of clemency, President Biden commuted the sentences of one corrupt public official who stole $54 million from her own community, a judge who sentenced juveniles to a private prison in exchange for kickbacks, and a stockbroker whose fraud scheme erased his victims’ savings.

Throughout his term, Biden and his supporters frequently asserted that “no one is above the law,” primarily to defend his own Justice Department’s prosecution of his predecessor and political rival Donald Trump. 

In a statement announcing the clemency decisions, Biden portrayed the 39 pardons and roughly 1,500 commutations as an opportunity for a second chance. 

"America was built on the promise of possibility and second chances. As President, I have the great privilege of extending mercy to people who have demonstrated remorse and rehabilitation, restoring opportunity for Americans to participate in daily life and contribute to their communities, and taking steps to remove sentencing disparities for non-violent offenders, especially those convicted of drug offenses,” the president said.  

For many of them that is undoubtedly true, like Brandon Sergio Castroflay, an army veteran who had pleaded guilty to a drug charge when he was 21. Despite the legal trouble, Castroflay continued in the Army after his sentence and then worked as a civilian for both the Army and Air Force. Now, he spends time volunteering for charity groups that support Gold Star families and wounded service members. 

In addition to a sweeping pardon for his own son, Hunter Biden for any federal crimes committed between 2014 and the present, Biden also commuted the sentences of three Chinese nationals charged variously of espionage, fraud, and child pornography as part of a prisoner swap with the People’s Republic of China on Thanksgiving weekend. 

This latest round of commutations includes a former judge from Joe Biden’s hometown of Scranton, Pennsylvania who was convicted of funneling juvenile offenders to a private prison in exchange for $2.1 million in kickbacks. 

The former Luzerne County Judge, Michael T. Conahan, was convicted of racketeering conspiracy charges in 2011 alongside another former judge, Mark A. Ciavarella Jr., who participated in the scheme. Conahan, now 72, was released to home confinement in 2020 in Florida during COVID-19 for health reasons.

The scandal became known as “kids-for-cash” in Pennsylvania because Conahan shut down a county juvenile detention facility and, along with Ciavarella, sentenced children to a private, for-profit prison. Afterwards, both Conahan and Ciavarella received kickbacks from the builder and co-owner of the prison company. 

After the scheme was uncovered, the Pennsylvania Supreme Court had to throw out 4,000 convictions that involved more than 2,300 juveniles, according to Fox News Digital. 

A parent of one child who committed suicide after being placed in detention by Ciavarella called the commutation “deeply painful.”

“I am shocked and I am hurt,” Fonzo said in a statement to The Citizens’ Voice, a local paper. “Conahan‘s actions destroyed families, including mine, and my son‘s death is a tragic reminder of the consequences of his abuse of power.” 

She continued, “This pardon feels like an injustice for all of us who still suffer. Right now I am processing and doing the best I can to cope with the pain that this has brought back.” 

Biden also granted clemency to another local official who was convicted in 2013 for embezzling more than $50 million of her 20 year tenure as Dixon, Illinois comptroller. The official, Rita Crundwell, used that money stolen from the city to to build a horse breeding and show operation, according to NBC Chicago. 

For her crimes, Crundwell was sentenced to 19 years in prison, but like Conahan, was released to home confinement in 2021 under special CARES act rules for those at risk from a COVID-19 infection. 

The current mayor of Dixon, Glen Hughes, released a statement acknowledging that many residents may be angry over the commutation, but celebrated the city’s recovery from the incident. 

"As Mayor of the City of Dixon, I believe that most of the City is probably stunned, and maybe even angry, that President Biden would provide clemency to Rita Crundwell, the preparator [sic] of probably the largest municipal misappropriations of funds in US history. The Crundwell incident is one that the City would like to move past,” the mayor said in a statement. 

“Although today's news will be a dark moment in Dixon's history, Dixon has recovered very nicely both financially, and developmentally, from the Crundwell days. We are a great community to live in. We are focused on continuing to enhance the community, and are positive about its strength for the future,” he said. 

Biden also delivered commutations to former stockbroker Timothy McGinn, convicted in 2013 of defrauding clients of millions; Ohio county commissioner Jimmy Dimora, convicted in 2012 of taking bribes; and Elaine Lovett, convicted in 2017 of defrauding Medicare in a $26 million scheme. 

Biden is certainly not the first president to deliver controversial pardons. 

For example, President Gerald Ford pardoned one-time running mate and predecessor Richard Nixon after the Watergate scandal forced him to resign. 

In 1992, President George H.W. Bush issued Christmastime pardons for the six men involved in the Iran-Contra scandal that occurred years earlier under the Reagan administration. 

During his last week in office, President Bill Clinton issued a pardon for Marc Rich, a financier charged with tax evasion and who had fled the country. The pardon sparked a probe because Rich’s wife had contributed to both Clinton and other Democrats. 

Before his slew of clemency acts on Thursday, Biden was on track to set a record for the pardoning fewer people than most other presidents. Earlier in his term, Biden granted blanket pardons to those convicted of simple marijuana possession and any service members convicted of an offense because of sexual orientation.