He is also embroiled in a Common Pleas Court lawsuit accusing him of fraud and deceit in 2005, when he helped sell off property for $507,500 that was owned by a Veterans of Foreign Wars post in Manayunk. The property, overlooking the Schuylkill and large enough to hold 10 townhouses, is four blocks up the hill from Manayunk's main shopping area.
Testifying under oath in a deposition, Nocella admitted that he pocketed $60,000 as a consequence of signing a title-company document stating he was the secretary of Straughter-Carter Post 6627 - although he acknowledged that he was never a VFW member and was not authorized to act as secretary.
He called it an "accommodation" and said that without his signature, the deal would not have gone through.
His lawyer, Samuel C. Stretton, said that Nocella's role in the property sale "was one of the stupider things he did" and that he would probably have to cough up some money as restitution to the VFW.
"That was wrong, obviously," Stretton said.
Stretton said he did not expect his client to face criminal charges because Nocella signed the VFW paperwork in 2005, and the statue of limitation has passed.
Nor did he expect the state Judicial Disciplinary Board to get involved because of the age of the case - though he added, "I'm not saying they couldn't try."
Two companies involved in the VFW case have submitted a petition seeking the recusal of the entire Philadelphia Common Pleas Court bench because of a "potential for bias and prejudice" in favor of Nocella.
Brady did not respond to repeated calls seeking his explanation for how Nocella became a judge.
