Former fire chief wants fraud charges dismissed
There is not enough evidence to support charges that a former Uniontown fire chief illegally collected over $20,000 in unemployment compensation while he was working, according to his attorney.
Attorney Michael DeRiso also contended in a court filing that the criminal charges filed against Myron Nypaver, 45, of Uniontown should be dismissed because such alleged offenses are addressed under the Unemployment Compensation Law.
Nypaver and his wife, Lisa Nypaver, 41, are both charged with theft by deception and access device fraud in the case. Lisa Nypaver faces an additional charge of insurance fraud.
The motion to dismiss is only filed on behalf of Myron Nypaver. His wife has a different attorney.
In the filing, DeRiso contended that the unemployment claims were filed online, and that surveillance photos of the money being withdrawn only show Lisa Nypaver.
The Nypavers were held for trial last month on all charges.
Fayette County Detective Steven G. Kontaxes alleged the Nypavers filed the unemployment claims between March and November 2010, after Myron Nypaver came back to work full-time in the city.
He was one of seven firefighters furloughed in December 2009, and was brought back to work in March.
Prosecutors alleged Myron Nypaver was paid weekly wages averaging $1,086 by the city after he returned to work, but still collected the unemployment payments.
Kontaxes testified during a preliminary hearing that Lisa Nypaver acknowledged filing the false claims and Myron Nypaver admitted he was there when she did so.
After the charges were filed, city counsel voted to terminate Myron Nypaver.
A date for a hearing on the motion has not yet been set.