An insurer of the charity started by convicted serial child molester Jerry Sandusky does not have to cover the former Penn State assistant football coach’s legal bills, a federal judge has ruled.

U.S. District Chief Judge Yvette Kane of the Middle District of Pennsylvania ruled Friday that Federal Insurance Co., The Second Mile’s insurer, was not obligated to cover Sandusky’s legal costs. Kane said she was convinced Sandusky’s sexual abuse of children, though he met many of them through The Second Mile, did not take place in his capacity as an employee or executive of the charity. Kane relied on the criminal and civil allegations against Sandusky as her baseline facts.