Criminal charges are Coplay's best hope of recouping money allegedly stolen by Municipal Energy Managers Inc.

At a news conference Jan. 31, Lehigh County District Attorney James Martin announced two men involved with M.E.M. have been charged with theft, theft by failure to make required disposition of funds and conspiracy for taking $160,182 from the Borough of Coplay.

According to a contract signed in April 2009, MEM was to purchase streetlights from PPL on the borough's behalf, according to a press release from Martin's office.

"You can file all the civil suits you want," said police Chief Vincent Genovese at Tuesday night's workshop meeting. "The only way any of these municipalities may be getting anything is through criminal proceedings."

"We'll be at the bottom of the totem pole," said resident and former Councilwoman Beverly Miller.

"Actually we're second," said Genovese. Bethlehem Township was the first municipality to pursue a case against M.E.M. Coplay was second.

"There are others lined up," Genovese said. "We got in touch with the DA's office as soon as we found out what [Bethlehem Township officials] were doing."

Once Martin and his staff investigated the situation in Coplay, they concluded they had enough evidence to file charges, Genovese said.

"Did any or all of council ever look at that particular agreement?" Miller asked. "It's a shame someone wasn't watching the hen house."

Mayor Joseph Bundra pointed out that Miller was on council when the borough signed the agreement with M.E.M.

Acknowledging that was true, she said she asked questions and got no answers.

"Then I was off council," she said. "I asked questions and got no answers."

Noting he was not on council in 2009, Bundra said he came before council to express concern over plans to contract with M.E.M. because he believed the lights should remain with PPL.

The minutes of the April 14, 2009 council meeting show Bundra told council he believed the wait for a return on the investment was too long to be worthwhile.

"You were right here. When it came up to vote, what was the vote?" he asked Miller.

"That's right. I'm not denying that," she said.

Council approved signing the contract at the April 14, 2009 meeting, according to the minutes.

"It's so easy to see what we should have done after it's all over with," Bundra said.