Louisiana’s Inspector General Stephen Street recently accused LouisianaVoice of not letting facts get in the way of a good story.
He should know.
It was Street’s Office of Inspector General (OIG) that went after Corey Delahoussaye for overbilling for hurricane cleanup in Livingston Parish at the same time Delahoussaye was working as an informant for the FBI to assist in challenging more than $50 million in charges submitted to FEMA by Livingston Parish.
It was Street’s OIG that raided Delahoussaye’s home with the assistance of the East Baton Rouge Sheriff’s Office in the early–morning hours on July 25, 2013, even though nowhere in the statute establishing OIG is the agency authorized to obtain search warrants. The raid was conducted at 6 am with multiple agents bearing firearms in a home that was only occupied by Mr. and Ms. Delahoussaye and their two young children.
It was OIG that served subpoenas on Delahoussaye’s fitness club and his doctor seeking personal and medical records even though state law requires a judge to issue a written reason for the subpoena. No such written reason was ever obtained.
But never let law get in the way of a good raid.
The Office of the State Inspector General was established by the Louisiana Legislature. Its purpose is set forth in LA R.S. 49:220.1-220.26. Section 220.21 reads in part:
- The prevention and detection of waste, inefficiencies, mismanagement, misconduct, abuse, fraud, and corruption in all departments, offices, agencies, boards, commissions, task forces, authorities, and divisions of the executive branch of state government as specifically provided in Title 36 of the Louisiana Revised Statutes of 1950, all hereinafter referred to in this part collectively as “covered agencies” and individually “covered agency” is an important responsibility of the state.”
- In the view of the responsibility of the state, it is the purpose of this part to establish an independent office of the state Inspector General in the office of the Governor to examine and investigate the management and affairs of the covered agencies.” (Emphasis added)
Livingston Parish, with whom Delahoussaye was contracted, is not part of the executive branch of state government. Accordingly, OIG had no authority to carry out a raid on Delahoussaye. None. Nada. Zilch.
The obvious solution was to claim he was contracted to the Governor’s Office of Homeland Security and Emergency Preparedness (GOHSEP). Except he was not and never had been.
Never let facts get in the way of a good witch hunt.
Of course Street was not alone in this exercise of the absurd. Scott Perrilloux, District Attorney for the 21st Judicial District which includes Livingston Parish, took his “evidence” to a grand jury which promptly refused to indict Delahoussaye. Undeterred, Perrilloux simply proceed to indict Delahoussaye on a bill of information. After all, there were $56 million in bogus charges for Livingston Parish cleanup uncovered by…Delahoussaye. But they thought they had Delahoussaye dead to rights for a couple of thousand dollars in unwarranted charges they said, incorrectly, it turns out, that he billed for.
Instead, all the charges were thrown out and now Delahoussaye is out for his pound of flesh as payback for the hell Street and Perrilloux put him through—as he should be. He has filed a DEFAMATION-LAWSUIT against OIG and now Street, after spending untold thousands of dollars pursuing criminal charges and now that the is suddenly a defendant in an unexpected turn of events, suddenly is thinking about the horrific costs to be incurred by the state in the discovery phase of Delahoussaye’s lawsuit. SAVING-TAXPAYER-DOLLARS
“For the sake of conserving judicial resources and preventing the waste of valuable taxpayer dollars, the OIG requests a stay of this proceeding, including a stay in discovery,” read OIG’s motion to stay proceedings pending a First Circuit Court of Appeal decision on OIG’s writ application. (Emphasis added)
Okay, so Street wants to talk about “wasted taxpayer dollars?” How about the sheer volume and man-hours for lodging an almost-guaranteed-to-fail appeal? Here’s the link for the OIG’s APPEAL: It rambles on for 169 pages on something that is almost certain to fail based on an earlier ruling by the First Circuit wherein the court said that if a state agency lacks jurisdiction to investigate (as 21st JDC Judge Brenda Ricks made it clear in her rulings), then a cause of action can survive a motion for Preemptive Exception based on “invasion of privacy.”
So, bottom line, we have the Office of Inspector General:
- Serving subpoenas absent the required judge’s written reasons;
- Carrying out an early morning raid on the basis of a search warrant even though the law creating OIG never gives search warrant power to the agency, and
- Taking a leadership role in carrying out the raid even though that same law relegates OIG to a “back seat” role once it determines it has credible information of criminal activity.
Finally, that “credible information” is the belief that Delahoussaye was contracted by GOHSEP when in fact, his contract was with Livingston Parish.
But never let facts…..
And only after all that did it occurred to Street that he should suddenly now be concerned with conserving judicial resources and preventing the waste of valuable taxpayer dollars.
Lest we forget, this is the same agency that went after former State Alcohol and Tobacco Control Director Murphy Painter when Painter got crossways of Bobby Jindal and one of his biggest campaign contributors, Saints owner Tom Benson.
And we know how that turned out: The state had to end up paying Painter’s legal costs of $474,000 after Painter was exonerated in federal court.