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Jan 4, 2012 @ 11:08 AM 14,654
The Little Black Book of Billionaire Secrets
Le-Nature’s Final Prison Tally
Walter Pavlo , Contributor
I write, consult and lecture on white collar crime situations
Opinions expressed by Forbes Contributors are their own. 

CEO of bankrupt drink-maker Le-Nature, Gregory Podlucky, is currently serving a 20 year sentence in Ft. Dix Federal Corrections Institute (New Jersey).  Also in prison is a consultant for Le-Nature, Andrew Murin (55), who is just starting a 10 year prison sentence.  Both men pleaded guilty to get those lenient sentences.  Podlucky was the admitted ring-leader, but Murin, even though he pled guilty, had trouble knowing what he had done wrong according to prosecutors.  Assistant U.S. Attorney Robert Cessar said that, “Mr. Murin couldn’t get his head around that he did anything wrong and thus couldn’t be used as a cooperating defendant.”  Makes you wonder why he even pled guilty!

Le-Nature was a bottling company in Latrobe, PA that went into bankruptcy in 2006.  Three years later, the federal government indicted a number of consultants and employees of Le-Nature accusing them of scamming banks and investors out of $806 million between 2000 and 2006…that’s a big number!  The fraud involved financial cooking of books but was characterized by prosecutors as an elaborate Ponzi scheme, in which the company would use newly invested money to pay off its earlier debt.  Company officials created false documents, such as invoices, customer checks and account statements to verify business activity that never occurred or existed.  To banks and investors in the company it looked like it was a good company.  In April 2009, 6 months before the big indictment was issued, Tammy Andreycak, pled guilty and became the government’s star witness.  More on her later.
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In all, five people pled guilty and three took their chance at trial….and they were found guilty as well.  Going to trial were G. Jesse Podlucky (30) the CEO’s son, Karla Podlucky (5) the CEO’s wife and Robert Lynn (67) the President of Le-Nature.  Robert Lynn was sentenced yesterday to 15 years in prison….the government had wanted 27-33 years.  The remaining Podlucky’s will be sentenced soon along with the CEO’s brother, Jonathan Podlucky, who pled guilty last year.  In all, four members of the Podlucky family will be doing prison time.

The first one in to cooperate usually gets the best deal (least amount of prison time), but that still doesn’t mean it is a GREAT deal.  Tammy Andreycak was that person and she realized she had done something wrong and at 42 years old (at the time) and a single parent, she needed to come clean.  Andreycak provided crucial information to the government as she was in charge of accounting at Le-Nature….which was impressive since Andreycak had never gone to college or studied accounting.  She was a loyal employee and did as she was told, and then some.  That loyalty provided for a good paying job, but now it offers the prospect of prison.  According to U.S. Assistant Attorney James Garrett, “Ms. Andreycak did, indeed, cooperate in a truthful, honest, complete and full fashion,” during the investigation and two trials that followed.  However, U.S. judge Alan Bloch saw things differently at her prison sentencing yesterday and said, “…She was not a naive, low-level employee simply following orders she did not understand.”  Bloch gave her 5 years in prison, 5 years of probation and ordered to pay $261,682,963 in restitution.  Even good deals are not so good.  According to federal sentencing guidelines, she could have faced 12-15 years in prison….so I’m saying “good deal”.

https://www.youtube.com/watch?v=uwmGWCJOxnw