Just when you think things can’t possibly get any weirder in state government, they invariably do.
That’s the one constant in Louisiana politics.
Take Lt. Gov. Billy Nungesser, for example.
The man just doesn’t know how to not be the court jester.
And he certainly doesn’t grasp just what the duties of his office entail. Or it could be he just doesn’t give a rat’s patootie.
How else to explain that, with there being more than half-a-dozen Louisiana LAW FIRMS and no telling how many attorneys in those firms qualified to represent clients in pension and investment fraud, why Nungesser would solicit clients for a specific law firm to represent them in cases of potential fraud.
A letter on state letterhead, no less—the lieutenant governor’s office letterhead and over his signature.
The letter, dated March 6 and received by someone identifying himself only as “a representative of a public retirement system,” was forwarded to LouisianaVoice with the recipient’s name and address redacted.
The first paragraph introduces the firm Kahn Swick & Foti (KSF) “whose primary practice involves representing state and local pension and municipal funds in shareholder lawsuits that seen to recover money lost from stock and fraud and other corporate malfeasance.”
It then notes that Charles C. Foti, Jr., “the 28-year sheriff of Orleans Parish and the former Attorney General of Louisiana (2004-2008) is a named partner in this firm.”
Nungesser’s letter somehow neglected to mention that while he served as Orleans Parish sheriff, Foti was hit by a $10 million fine by a federal court which found that the sheriff’s department under his administration had illegally strip-searched and conducted body-cavity searches on more than sixty thousand minor-offense arrestees.
In the third paragraph, Nungesser says, “I would like to discuss the opportunity for your fund to meet with the principals of KSF so that they can explain how your system can benefit (by) retaining a Louisiana-based firm with a national reputation to provide services to your system and help to safeguard your assets.”
Finally, he says, “Please call me at 225-342-7009 if you have any questions about the firm or if you would like any additional information…”
That’s the state telephone number for the Lieutenant Governor’s office.
Attached with his letter was a brochure from the KSF firm that touted its credentials and which went to great lengths to point out that, “Since 1998, pension funds in Louisiana have served as lead plaintiff in securities fraud class actions that have produced almost $10 billion in recoveries and (which) have produced legal fees in excess of $1.3 billion. However, of the over $1 billion in legal fees paid out, almost nothing was paid into the state treasury in the form of Louisiana state taxes.”
That’s because nearly all of the law firms that represented Louisiana pension and retirement funds were out-of-state firms “that maintain either no presence or only a very nominal presence in our state,” the brochure says.
Don’t forget to click the ‘DONATE’ button and support LouisianaVoice.
On the flip side of the brochure is a list of 26 class-action cases that resulted in settlements totaling $8.1 billion, not the “almost $10 billion” the brochure claimed.
A list of Louisiana public retirement systems was at the bottom of that page. They included the Louisiana State Employees’ Retirement System (LASERS), Louisiana Sheriffs’ Pension and Relief Fund (LSPRF), New Orleans Employees’ Retirement System (NOERS), Louisiana Municipal Police Employees Retirement System (LAMPERS), the Teachers Retirement System of Louisiana (TRS), and Louisiana School Employees Retirement System (LSERS).
It’s understandable—and even commendable—that Nungesser would encourage the retention of in-state law firms in general terms but to single out a specific firm is over the top, according to a New Orleans attorney with a competing firm who specializes in investment fraud cases. “It’s a really brazen letter,” he said, adding that he would take the issue up with his partners.
Nungesser cannot have a legal ethics charge filed against him since he is not an attorney but he can have charges filed with the Louisiana State Board of Ethics for misuse of his office, although such a complaint seems remote.
KSF, however, could be subject to a legal ethics charge if it can be shown that principals in the firm knew of Nungesser’s letter and condoned it. It is a legal ethics violation to have non-attorneys soliciting business for a legal firm or attorney.
It is not known if KSF provided the brochure to Nungesser for the express purpose of inclusion in his letter. LouisianaVoice attempted to call Nungesser but he was said to be unavailable.
Six different spokespersons for Nungesser’s office were emailed with a request for an explanation of the letter. They included Chief of Staff Julie Samson, Nungesser’s Executive Assistant Penny Bouquet, Director of Scheduling Jasmine Tregre, Communications Director Julio Guichard, and Director of Public Affairs Betsy Barnes.
A return receipt indicated that Guichard opened the email from LouisianaVoice, but no one from Nungesser’s office responded to our inquiry.
In following the mantra “follow the money,” LouisianaVoice ran a search of campaign contributions to Nungesser by KSF but came up empty except for firm partner Larry Joseph Palestina’s $3,500 in campaign contributions to Nungesser in 2015, 2016, and 2018.
That’s not to say that KSF was inactive in the political arena. The firm, along with two sister firms, Kahn & Swick Real Estate and Kahn & Swick Ventures, made $58,000 in campaign contributions from 2014-2018, including $35,000 to Foti, all in 2014.
The law firm and Kahn & Swick Real Estate also combined to contribute $10,000 to Attorney General Jeff Landry in 2015 and the law firm gave $5,000 to State Treasurer John Schroder in 2018. The law firm may also have violated state campaign contribution limits in 2015 when it gave $5,000 to Jefferson Parish Councilman Christopher Roberts. Statewide officers are limited to $5,000 but all other officers are limited to $2,500 in contributions.
[Contribution limits could also present something of a sticky wicket for Nungesser. On November 10, 2015, Burnside Plantation of New Orleans made two contributions to Nungesser, one for the statutory maximum $5,000 and another for $10,000. There was no indication in Nungesser’s campaign expense report that he refunded any of the $10,000.]
The KSF endorsement letter is not the first time that Nungesser has tried to prove stand up comic Ron White’s assertion that “you can’t fix stupid.”
In April 2016, he fell for a really transparent phishing SCAM in which he and State Republican Chairman Robert Villere tried to do an end run around Gov. John Bel Edwards only to end up with mostly rotten egg on their faces.
Of course, his escapades pre-date his election as lieutenant governor, as a 2010 PERFORMANCE AUDIT by the Legislative Auditor’s office showed.
Taken together, all these embarrassing public misadventures prove beyond the slightest doubt that Billy Nungesser is eminently qualified to hold political office in Louisiana.
You can also mail contributions to
LouisianaVoice, P.O. Box 922, Denham Springs, LA 70727
Louisiana Voice 
Tom, Tom, Tom, just when I think you have kicked all the rocks over and there are no more creepy-crawlies lurking underneath, you surprise me again! But then again, Louisiana is a very fertile ground for a political reporter!.
I knew Billy from way back in the early 90’s by having to use his company’s modified marine shipping containers that were “offshore living quarters” because they were cheap and that is what Taylor Energy wanted us to use (I was in charge of repairing one of their facilities offshore that eventually got knocked over by a hurricane, just not the one that continues to leak – good riddance). But these things were fire traps and I never could understand the U.S. Coast Guard allowing them offshore but that is politics for you even then. I’m hoping that the quality of the units has improved since then but I left the Gulf of Mexico in the mid-90’s and never looked back. But I can say that when you dealt with Mr. Nungesser back then it brought up memories of the old ways of doing things!
Thanks for being a refreshing voice in the wilderness.
This does not surprise me. Look at his Public record in Plaquemines Parish prior to becoming Lt Governor and you would wonder how could he be elected to this state wide position. Oh I remember he rode to fame in an airboat beating up on BP and the oil spill while allowimg companies working out of his government office to hire boats 🚣 and collecting campaign contributions
This is not surprising. You should however request the documents of a parish employee who had her retirement paid for by Nungesser,she made no contribution. When the retirement office was contacted by the internal auditor she was told that this check that was made out to them was the most bizarre thing they had ever witnessed. There is however the $295 million dollars that we have FEMA PW’s for, showing they were paid and the work was not done. Roger Halphen field, paid to Aaron Bennett $6.2 million dollars for 4 baseball field repairs, a running track, a grand stand football stadium with grand stand press box etc. If you look at Roger Halphen field today, there is no running track, grandstand press box or football field, oh and mid contract the checks are made out to DRC’s, Robert Isakson and Aaron Bennett.
It’s a good guess that the Light Guv slept through that mandated ethics course that ALL public officials and state employees are required to take. It would be fun to ask the Ethics Commission for his grade. Because, clearly, Nungesser didn’t learn a thing.
In case you didn’t see it.
Sent from my iPhone
>
As a resident of Plaquemines Parish, I can always tell who the Parish Machine political candidates are when I receive unsolicited emails endorsing candidates like Nungesser, Vitter, Jindal, right on down to candidates for parish council & sheriff. This started back when Nungesser was parish president. I have have said for years that I believe that the parish 911 data base was sold (or just provided) to some group to allow this. I cannot think of any legitimate way that organizations like these would have acquired my email address. At least then I know who NOT to vote for!