Citron’s Cooperation in Probe Questioned : Bankruptcy: Before deciding whether to delay sentencing, judge wants to know how helpful the ex-treasurer is to investigators.

An Orange County judge lashed out Friday at prosecutors conducting the criminal investigation into the county’s bankruptcy and demanded more information about the level of cooperation the county’s former treasurer is providing in the case.

Superior Court Judge David O. Carter angrily accused prosecutors of failing to adequately update him in the case, which he said holds “dramatic impact” to the county.

Carter’s comments came at a status hearing in which attorneys asked for another delay in Robert L. Citron’s sentencing. The longtime treasurer pleaded guilty last spring to six felony counts, including misappropriating public funds, falsifying documents and misleading nearly 200 government agencies that entrusted him with their investments.

The judge, citing court backlogs and the rights of county residents for a speedy resolution, said he would reject further delays unless he had more information showing “good cause” for such action.

Carter had especially harsh words for part of Citron’s plea agreement that allows the convicted treasurer the opportunity to have his sentence issued outside the county.

Although prosecutors have said they will not oppose out-of-county sentencing, Carter said Friday such a condition would not be binding in his court.

Deputy Dist. Atty. Wallace J. Wade, who is leading the investigation, said he was surprised by the judge’s strong comments, and would provide a confidential update, as requested, by next Friday. Citron’s attorney, David W. Wiechert, declined comment.

As part of his plea agreement, Citron remains free while he cooperates with investigators to determine if others should be charged for their roles in the county’s ill-fated investment pool.

Citron, 70, faces a maximum of 14 years in prison and a $10-million fine when he is sentenced. Former Assistant Treasurer Matthew Raabe, indicted on similar criminal counts, is the only other person charged in the scandal.

Citron’s level of cooperation was among the questions raised by Carter, who said he is owed the courtesy of an update on that issue and others. “I just need to know that, for one, there is cooperation,” Carter said.

Attorneys had earlier told the judge that Citron continues to assist in the investigation, although they did not elaborate. Wade said he would be concerned about giving away any details of the investigation in public.

The prosecutor also said it will be difficult to give any specifics on how long the investigation might take.

“You can’t predict that,” he said. “I don’t know anyone who could predict that.”

The fund that Citron managed for nearly 200 schools, cities, special districts and other public entities lost $1.7 billion when his investment scheme collapsed, prompting the county to file for bankruptcy in December.

Meanwhile, Raabe’s attorneys lost a bid Friday to force county prosecutors and members of the Orange County Grand Jury to disclose personal information aimed at determining their stakes in the financial disaster.

The defense maintains that the prosecutors should be removed and the grand jury’s indictments thrown out because every county employee and resident is a potential victim of the bankruptcy.

However, Superior Court Judge Everett W. Dickey set a hearing Nov. 20 that will focus on the financial stakes of top prosecutors involved in the case, said Raabe lawyer Richard L. Schwartzberg. Schwartzberg said defense lawyers will seek to gather that data by subpoena.

Defense attorneys sought a wide range of personal information, including the investments that prosecutors have in the county’s retirement system, how many employees in the district attorney’s office own homes and how many have children in schools.

Prosecutors said giving over their financial information would be intrusive and had nothing to do with Raabe’s case.

“We’re not trying the bankruptcy here. We’re trying a guy for misappropriation of public funds,” said Deputy Dist. Atty. Thomas Dunn. A conviction, he said, “is not going to change what I have in the retirement fund.”