Crooked cop likely to lose his freedom, but not pension

FORMER Philadelphia Police Inspector Daniel Castro likely faces a slog in federal prison after pleading guilty to extortion conspiracy and lying to the FBI, but he will probably be able to collect his lucrative city pension behind bars.

Federal prosecutors filed court papers last week saying that they would seek at least three years for Castro, 48, when he is sentenced tomorrow in federal district court.

Castro's defense attorney, Brian McMonagle, argued that Castro's otherwise laudable record of public service warrants no jail time. But First Assistant U.S. Attorney Louis Lappen wrote that Castro did not deserve leniency because he was "so easily willing to betray his badge."

Whatever the sentencing judge decides, Castro will likely continue collecting his $4,795.04-per-month pension, which he has been receiving since shortly after his arrest and subsequent retirement in November.

City lawyers have told the Board of Pensions and Retirement that Castro's pension most likely cannot be taken away. During a closed-door session during the board's monthly meeting last week, people familiar with the meeting said that lawyers told board members they didn't think there were sufficient legal grounds to disqualify Castro's pension.

Castro was indicted for trying to shake down a businessman over a $90,000 debt by sending a "collector" - who turned out to be an undercover federal agent - after the guy. He was convicted at trial in April of lying to the FBI, but a jury deadlocked on most of the charges, and acquitted him of an extortion charge. Castro pleaded guilty in June to referring the collector to another extortion job.

At the plea hearing, prosecutors said that they would dismiss the remaining eight charges against Castro, including one that alleged that Castro had used a police computer to look up information for someone in exchange for a flat-screen television.

McMonagle said the dismissal of charges that Castro had misused his office was a key aspect of a plea deal. "This will allow him, obviously, to keep his pension," McMonagle said.

Sources said that city lawyers told the pension board that their current assessment is that Castro's crimes did not involve the use of his public office. City employees can lose their pensions under a malfeasance provision in the pension code only if the offenses are committed in the course of their public duties.

Still, the board asked that the Law Department provide a report on Castro at their next meeting and that no final decision will be made until after Castro is sentenced.

If Castro keeps his pension and lives to age 75, the most recent Census projection for life expectancy for men, he could collect up to $1.6 million.

City Inspector General Amy Kurland said it makes sense that Castro's plea deal may have been structured with a goal of preserving his pension.

"I can only speculate, but in my experience many city employees care a lot more about their pension than going to jail," said Kurland.