Feeds:
Posts
Comments

Archive for the ‘Public Records’ Category

OGB sending out letters in attempt to recoup wrongfully paid claims; seeking to blame retirees, own workers for problems

Posted in Corruption, Ethics, Finances, Fraud, Health Care, OGB, Office of Group Benefits, Privatization, Public Records, Revenue, State Agencies on March 3, 2016| 12 Comments »

What happens when a former governor’s privatization plan goes terribly wrong?

Okay, perhaps we need to be a little more specific, given so many things have gone so terribly wrong with so many of Bobby Jindal’s half-baked privatization schemes.

In the case of the Office of Group Benefits, the answer is plenty and none of it is good.

As chronicled in several posts, LouisianaVoice told of then-Commissioner Paul Rainwater first saying OGB would be sold, then saying it would not be sold, and in the end, its operations were turned over to Blue Cross/Blue Shield of Louisiana, throwing about 150 OGB employees to the curb.

Tommy Teague, who had taken over the debt-ridden agency and transformed it into a smooth-running outfit which managed to build a $500 million fund balance from which it paid claims promptly, giving state employees and retirees and their dependents little cause for concern, is a case in point.

For his trouble, he was fired (teagued) because he didn’t fall immediately in line with Jindal’s Milton Friedman-inspired doctrine of privatization. Teague’s successor lasted barely six weeks before he threw in the towel and departed for another state.

Along the way, the administration went against the advice of its own expensive consulting firm and lowered premiums to OGB members. That looked good for the covered employees but what the move really accomplished was the state’s being obligated for a lowing matching amount. The state pays 75 percent of the employee premium and by lowering the premium, it simultaneously reduced the state’s obligation and the money saved was used to patch one of those gaping holes that appeared in the state budget every single year of the Jindal administration. It was, in short, a shell game run by a con artist with one eye on the big score—the presidency.

Of course, that also had the effect of creating a heavy drain on that $500 million reserve fund, since premiums could no longer keep up with the cost of claims.

Accordingly, the $500 million evaporated to something around $100 million and Rainwater’s successor Kristy Nichols tried to implement a plan to simultaneously raise premiums and lower benefits to build the reserve back up—a plan that was revealed first by LouisianaVoice and which met instant opposition from employees, retirees and legislators.

The administration backed off that plan somewhat but the final compromise version left some retirees who lived out of state without coverage.

It also drove other retirees to other plans like People’s Health where premiums were cheaper and benefits better.

And that’s where the latest snag rears its ugly head.

Because the agency has been gutted of those employees who made it into such an efficient operation, things—big things—are starting to fall between the cracks and the plan apparently is to blame retirees and OGB’s fiscal collection department.

What has happened, according to word received by LouisianaVoice, is that OGB has failed to cut off coverage for retirees who self-pay for their coverage (through other programs) and who are “delinquent” in their premium payments.

It seems that OGB has not put “stop flags” on self-pay accounts that are in arrears for months but continued to pay claims. “Group Benefits has dozens of people who are late and they (OGB) are still paying claims to doctors and hospitals for X-Rays, MRIs, surgeries and prescriptions,” our source told us, adding that OGB initially told its fiscal collection department to ignore the delinquencies.

Now, though, OGB is sending out letters demanding payments for unpaid premiums.

OGB LETTER

(CLICK ON IMAGE TO ENLARGE)

One such letter provided to LouisianaVoice demanded payment of $10,511 in premiums dating back to October 2014 and pharmacy benefits of $425.

The Feb. 18, 2016, letter to the retiree said coverage “on OGB-administered health plans will terminate in October 2014 for non-payment of the full premium. During this period our records show that you continued to use the health and pharmacy benefits of the plan.”

Notice that the letter was dated Feb. 18, 2016 but said coverage “will terminate” in October of 2014.

No reason was given for a 2016 letter warning of pending termination of coverage in 2014. But that is somehow typical of any holdover from the Jindal years.

The individual was told if the plan was to be retained, the retiree would owe $10,511.29. “Should you not wish to retain your coverage through OGB, any medical claims incurred by you since Nov. 1, 2014, will be re-adjudicated and you may receive bills from your providers for services rendered,” the letter said.

“Pharmacy benefits cannot be re-adjudicated; accordingly, OGB will recoup costs incurred…by you,” it said, adding that the cost of pharmacy benefits “wrongfully used by you” is $425.49.

“Please consider this as demand to pay the respective amounts in full to OGB by March 4, 2016,” the letter said. “Should we not receive full payment on or before March 4, 2016, we may initiate further action to collect this sum, including but not limited to referral of this matter to the Office of Debt Recovery, the Attorney General, and/or other collection means.”

Below that was an ominous warning in boldface and all capital letters that read, “THIS IS A DEMAND FOR PAYMENT OF MONIES DUE. PLEASE TAKE NOTICE AND GOVERN YOURSELF ACCORDINGLY.”

Our source said that OGB administrators plans to place the blame for the latest fiasco on retirees and its own fiscal collection department. “They have a plan to hide this because they are scared the public, the commissioner of administration (Jay Dardenne) and the governor will find out.” The collections department, the source said, has maintained a paper trail which will absolve it of any fault in the matter.

“OGB is trying to get money back on the sly,” the source added. “They (OGB) are mismanaged and there are a lot of people in this condition who were allowed to keep insurance and paid no premium for years.”

EDITOR’S NOTE: We would love to hear of any similar difficulties you may have had with OGB. Send your stories to:

louisianavoice@yahoo.com

 

Read Full Post »

State Troopers Association issues letter to its membership attacking LouisianaVoice and others who question activities

Posted in Campaign Contributions, Civil Service, Commissions, Corruption, Elections, Ethics, Finances, Governor's Office, Legislature, Legislators, Lobbyist, Politicians, Public Records, Senate, State Agencies, State Police on February 28, 2016| 14 Comments »

The Louisiana State Troopers Association (LSTA) has apparently declared war against LouisianaVoice and two of its own retirees who dared voice their objections to campaign contributions by the association that amounts to little more than money laundering.

On Saturday (Feb. 27) we received a copy of a LETTER TO LSTA MEMBERS which, among other things accuses me of “an abysmal lack of journalistic ethics. (I have redacted the names of the two retirees in order to prevent undue pressure on one in his current employment.) While it was not my intention to get into a verbal exchange with LSTA, I feel I must address certain issues raised in the letter.

First of all, and this is important: I did not choose to re-open the subject of training for Trooper Steven Vincent. Nor was it I who initially raised the issue, but a retired state trooper in a letter to Louisiana State Police (LSP) headquarters. I unwisely wrote about the letter but took down the post at the family’s request. Now it appears that LSTA wants to keep the issue alive which raises the question of just who is the insensitive party here. If LSTA wishes to continue the debate over that story, it will have to do so alone. Out of respect for the family’s wishes, I refuse to be drawn into any further discussion of the subject.

As for any “agenda” the LSTA claims I may have, I can only deduce the association is attempting to deflect attention away from its own actions via the time-worn ploy of going after the messenger. For the record, in 40 years of news reporting for several major daily newspapers, I have enjoyed a healthy and professional working relationship with Louisiana State Police—until July 2014. That seems to be when things started going south.

For those who may not remember, that was when Department of Public Safety (DPS) Deputy Secretary and State Police Superintendent Mike Edmonson, through his friend State Sen. Neil Riser (R-Columbia), attempted to sneak through an amendment to an otherwise benign bill on the last day of the legislative session that would have given Edmonson a retirement income boost of about $55,000, something no other state employee has been allowed to do (except for a lone state trooper in Houma who coincidentally fell under the same qualifications as Edmonson). The bill passed and Edmonson seemed well on his way to enhanced retirement riches despite his having made an “irrevocable” decision years earlier to enter into the Deferred Retirement Option Plan (DROP) which froze his retirement at his then-rank of captain.

Generous retirement benefit boost slipped into bill for State Police Col. Mike Edmonson on last day of legislative session

But a sharp-eyed observer tipped off LouisianaVoice to the deception and we broke the story which was quickly picked up by state and national news publications. http://www.washingtontimes.com/news/2014/jul/16/law-change-boosts-pension-for-state-police-leader/

The letter, most likely written at the direction of State Police Superintendent Mike Edmonson, goes after two retired state troopers who had the audacity to request board minutes, checks, receipts, budgets and tax documents. Edmonson is not on the LSTA board but he nevertheless is closely involved in its activities through board members who work for him.

It is interesting to note that no one person signed off on the letter. It closes with “Respectfully, the LSTA Board of Directors.” So, presumably, every member of the board is a party to the letter which said the board respects the right of members “to question LSTA policies and practices.” At the same time, the letter admitted that the board “voted unanimously not to provide any further information” to the two.

It also said it has not seen a groundswell of support from LSTA membership for the two.

That should seem obvious to anyone who has not been in a coma for the past six months. There has been ample evidence on this blog that LSP administration, rather than addressing serious problems within its organization, has chosen to go after whistleblowers, even to the extent of conducting an audit of state-issued cell phones to determine who has been talking to LouisianaVoice. No active trooper in his right mind would lend vocal support to anyone who questioned activities of LSP or LSTA for fear of reprisals.

The biggest concern to the retirees who have challenged LSTA for its endorsement of John Bel Edwards for governor (the first such endorsement in LSTA’s history), Edmonson’s unsuccessful efforts to get LSTA to write a letter to Edwards after his election pushing for the Edmonson’s reappointment (Edwards did reappoint Edmonson to another term as superintendent, most likely at the urging of the Louisiana Sheriffs’ Association which endorsed him), and the funneling of more than $45,000 in political campaign contributions to several political candidates through LSTA Executive Director David T. Young, who wrote the checks for the contributions on his personal checking account and was later reimbursed by LSTA. https://louisianavoice.com/2015/12/09/more-than-45000-in-campaign-cash-is-funneled-through-executive-director-by-louisiana-state-troopers-association/

Of the more than $45,000 doled out to candidates, $10,500 went to Edwards in 2013, 2014 and 2015. Another $10,250 went to Bobby Jindal in 2003, 2007 and 2011. Edwards has since returned his contributions after his campaign deemed them inappropriate. Jindal has not returned his contributions.

And while the LSTA letter attempts to paint me as lacking in journalistic ethics and while I, as publisher of LouisianaVoice, did report on irregularities within LSP and LSTA, it is important to remember these points:

  • I am not the one who tried to manipulate an illegal increase in my retirement income by having an obscure amendment tacked onto a bill in the final hours of the 2014 legislative session.
  • I am not the one who secretly laundered campaign contributions through the LSTA executive director’s personal checking account only to “reimburse” him for expenses at a later date.
  • I am not the one who denied an accounting of those activities to LSTA members.
  • I am not the one who promoted a lieutenant to captain and commander of Troop F after that lieutenant sneaked an underage woman into a casino in Vicksburg and then tried to use his position as a state trooper to bargain his way out of trouble (it didn’t work; he was fined $600 by the Mississippi Gaming Commission).
  • I am not the one who chose to mete out only token punishment to a state trooper who was found to have twice had sex with a woman while on duty—once in the rear seat of his patrol car.
  • I am not the one who again handed out only a slap on the wrist and then promoted an LSP lieutenant to captain and named him commander of Troop D—after the lieutenant was found to be abusing prescription drugs while on duty and who admitted to flushing extra pills when he learned there was an active investigation into his addiction.
  • I am not the one who lied about the Troop D commander’s refusal to take a complaint about one of his troopers from a citizen; I merely posted a recording of his denial after LSP Internal Affairs exonerated the commander following an intensive “investigation.”
  • I am not the one who asked LSTA to write a letter of recommendation to Gov.-elect Edwards recommending that Edmonson be reappointed.
  • I am not the future State Police superintendent who was disciplined for padding his overtime expenses during a visit to New Orleans by the Pope.
  • I am not the one who refused to provide radio logs of a state trooper in LSP Troop D that revealed he was being paid for working when he was, in fact, asleep at home (I received the radio logs from an independent source but again, the records speak for themselves).
  • I am not the one who took an early retirement buyout of about $59,000 only to return to work for LSP the very next day—with a promotion.
  • Nor am I the one who ignored a directive from then-Commissioner of Administration Angéle Davis to repay the money, only to have the problem mysteriously go away when the daughter of Paul Rainwater, Davis’s successor, was given a job at LSP.
  • I am not the one who is responsible for that same retire/rehire having her son-in-law on LSP payroll as an employee of the State Police Oil Spill Commission—at the very time he was working offshore for a private firm.
  • I am not the one who hired Senate President John Alario’s wife who somehow manages to supervise LSP personnel in Baton Rouge—from her home in Westwego—at $56,300 per year.
  • Nor am I the one who hired Alario’s son, John W. Alario, as director of the DPS Liquefied Petroleum Gas Commission at $95,000 per year.

No, I am not the one responsible for any of these things; I merely reported them. But the LSTA board must possess sufficient intelligence to understand that each of these things is a matter of public record and that I could never have carried out any vendetta, perceived or otherwise, against LSP unless what I wrote was accurate.

LSTA, in its letter to its membership, accuses me of taking “uncorroborated information at face value, never question the motivation of the source, and offer it for public consumption without ever seeking to determine its truthfulness.” They know better.

I invite the LSTA board to cite a single instance of my reporting anything that was “uncorroborated” either by public records or by interviews with multiple sources.

I also invite the actual author if the LSTA letter to come forward and identify himself and not hide behind the anonymous sobriquet of “LSTA Board of Directors.”

Read Full Post »

Wal-Mart: feeding at the public trough while underpaying workers, destroying Louisiana’s mom and pop businesses

Posted in Auditor, Business, Corruption, Economy, Ethics, Exemptions, Incentives, Finances, Incentives, Jobs, Legislature, Legislators, Public Records, Revenue, Taxes on February 24, 2016| 6 Comments »

The past is prologue

                                    —William Shakespeare (The Tempest)

In 1936, Mississippi Gov. Hugh White successfully pushed through the state legislature his answer to President Franklin Roosevelt’s New Deal so despised by southern states.

Mississippi could grow and prosper through his landmark “Balance Agriculture with Industry” program, according to Mississippi native Joseph B. Atkins, author of the little-known but important book Covering for the Bosses. The book is an examination of how newspapers in the South refused to give fair coverage to labor unions in their attempt to gain equitable working conditions for workers first in the textile mills and later the automobile industry.

https://books.google.com/books?id=o6AfWT79t2MC&pg=PA237&lpg=PA237&dq=shadows+in+the+sunbelt+1986&source=bl&ots=7Wb_bKCn48&sig=FIjJetyw-Li-lCk0c3zN_muV3MA&hl=en&sa=X&ved=0ahUKEwjL-Ob4k4_LAhWFPiYKHchPD50Q6AEIUDAJ#v=onepage&q=shadows%20in%20the%20sunbelt%201986&f=false

According to Atkins, White figured he could attract industry to Mississippi through the then-radical concept of offering attractive tax incentives and promises of low wages—and, of course, no unions.

The program, Atkins writes, eventually became a model for the entire South and today, Mississippi, in the latest rankings of the best states for business, can be found sitting firmly in….47th place among the 50 states, ranked ahead of only (in order) Kentucky, Louisiana, and West Virginia. In fact, the South can lay claim to six of the bottom 10 spots in the national rankings. They also include Arkansas (42nd) and Alabama (45th). Tennessee was only slightly better at 38th. Virginia (10th) and North Carolina (15th) were the only southern state in the top 20. http://247wallst.com/special-report/2016/02/17/the-best-and-worst-states-for-business-2/

So what went wrong with White’s grand scheme for Mississippi? Simply put, the same thing that doomed Louisiana, Alabama, Arkansas and Tennessee to the bottom one-fourth of the heap. They gave away their tax bases while at the same time condemning their citizens to lives of low wages and poor benefits. And Wal-Mart was first in line to fully exploit the plethora of incentives, be they the 10-year property tax exemptions, Enterprise Zone initiatives or some other inducement.

Wal-Mart, described by Wall Street Journal writer Bob Ortega in his book In Sam We Trust as “an amoral construct with one imperative: the profit motive.”

In October 2005, Atkins writes in Covering for the Bosses, that an internal Wal-Mart memo was leaked which revealed the true, impersonal attitude of the corporate office toward its 1.3 million American workers, 30 percent of whom are part-time workers.

In her memo to Wal-Mart executive vice president M. Susan Chambers complained of the costs of long-term workers. The company, she said, spent 55 percent more on them than on one-year workers even though “there is no difference in (the employee’s) productivity.” She said because Wal-Mart pays an associate “more in salary and benefits as his or her tenure increases, we are pricing that associate out of the labor market, increasing the likelihood that he or she will stay with Wal-Mart….The least health, least productive associates are more satisfied with their benefits than other segments and are interested in longer careers with Wal-Mart,” she said.

In plain language, she was advocating throwing older workers to the curb in favor of newer, lower-salaried workers.

Yet Wal-Mart has shoved its way to the public trough, securing some $100 million in economic development subsidies from the state in 20 cities from Abbeville ($1.67 million) to Vidalia ($1.65 million), from Shreveport ($6.3 million) to New Orleans ($7 million), from Monroe ($3.9 million) to Sulphur ($1.8 million).

Nationally, estimated annual subsidies and tax breaks to Wal-Mart and the Walton family total $7.8 billion per year. This for six Walton heirs whose collective net worth of $148.8 billion is more than 49 million American families combined. http://www.americansfortaxfairness.org/files/Walmart-on-Tax-Day-Americans-for-Tax-Fairness-1.pdf

A congressional report estimated that each Wal-Mart store in America generated an average of $421,000 in Medicaid, SNAP and public housing costs to taxpayers. That’s in addition to the estimated $1 billion taxpayers anted up in local and state government subsidies to have a Wal-Mart in their communities. Wal-Mart workers, who earn less than $10 an hour (about $18,000 per year), are offered a family health care plan with a $1,000 deductible costing $141 per month.

And remember that warm fuzzy “Made in USA” advertising campaign of Wal-Mart in which Wal-Mart in 2013 said it was starting a 10-year plan to increase spending on U.S. made products by $250 billion? Well fuggeboutit. It didn’t happen and last October, the company removed the “Made in the USA” logos from all product listings on its Web site after the Federal Trade Commission caught the company (gasp) lying. http://fortune.com/2015/10/20/walmart-made-in-the-usa/

Instead, much of its merchandise, clothing in particular, comes from third-world sweatshops where workers are paid pennies per hour in wages and children work up to 20 hours per day to make the clothing we purchase from Wal-Mart. https://www.dosomething.org/us/facts/11-facts-about-sweatshops

And here’s a real eye-opener.

In her book Cheap, author Ellen Ruppel Shell reveals a dirty little secret most consumers are unaware of: name-brand clothing sold at Wal-Mart aren’t quite what consumers think they are. “Discounting dilutes brands, making it less certain that they are a mark of quality,” Shell writes. http://www.nytimes.com/2009/07/19/books/review/Shapiro-t.html?_r=0

Hundreds of brands “slice and dice their offerings for various markets, selling different products in different types of stores for different prices under the same brand,” she said. “Chains such as Wal-Mart, Best Buy, Target and Home Depot have items manufactured ‘to their specifications,’ meaning that the brand name is almost devoid of meaning.”

That means a television with a model number available only at Wal-Mart is not really a Sony or a Samsung, for example, but a Wal-Mart television.

“Brands have become an end in themselves,” she writes. “…It is not the brand alone that entices discount shoppers; it is the high value we link to the brand versus the low price we pay that is so seductive.”

In recent years, Louisiana taxpayers have subsidized the construction of Wal-Mart stores in two affluent suburbs to the tune of a $700,000 tax credit. A tax credit is a dollar for dollar reduction of a tax liability meaning a $1 tax credit reduces one’s taxes by a full dollar. Bear in mind, these subsidies were Enterprise Zone projects. The Enterprise Zone program is designed specifically to lure business and industry into areas of high unemployment in order to help economically depressed areas. Instead, one of these stores were built in St. Tammany, one of the most affluent communities in the state.

Likewise, $330,000 in Enterprise Zone tax credits were awarded in 2013 to Lakeview Regional Medical Center in St. Tammany Parish for an upgrade to its facilities which created a grand total of five new jobs.

As far back as 2012, then-Secretary of the Department of Economic Development Stephen Moret said the Enterprise Zone program no longer fulfilled its purpose. http://www.nola.com/politics/index.ssf/2012/12/louisiana_economic_development_1.html

A Legislative Auditor’s report agreed, saying that 75 percent of new jobs, 68 percent of new businesses and 60 percent of capital investments were made outside the EZs. http://app1.lla.state.la.us/PublicReports.nsf/92629A33AAE8C55F862579EB0072ACEB/$FILE/00029DFA.pdf

That’s because unlike other states, Louisiana’s Enterprise Zone program allows the generous five-year tax breaks for retail establishments, businesses whose salaries traditionally are at the low end of the pay scale. Those include, besides Wal-Mart, chain stores like Walgreens and Raising Cane’s chicken outlets.

“Most of the projects are larger companies investing in relative affluent areas in Louisiana today,” Moret said in something of an understatement. He said that fact alone underscored the importance of making changes to the program.

Were changes made? No. In fact, in 2013, the year after his comments, the state awarded EZ tax credits totaling $19.6 million for projects that produced 4,857 new jobs which in turn generated about $10 million in state income taxes, or a net loss of more than $9 million to the state.

Meanwhile, Atkins quotes author Bill Quinn as saying Wal-Mart “has done more to stomp out Middle-class America than all other discount houses put together.”

Yet, the official policy of Louisiana has been to continue to give generous tax breaks to a company that underpays its employees, deceives customers into thinking they are “buying American” when in reality, they are propping up third-world sweatshops whose workers churn out second line brand names under slave-like working conditions.

Read Full Post »

Why did ATC Commissioner Troy Hebert intervene as lead investigator in fatal accident? Was it to protect bar owner?

Posted in ATC, Corruption, Courts, Crime, Ethics, Lawsuits, Public Records, Senate, State Agencies, Transparency on February 10, 2016| 11 Comments »

In the early morning hours of Jan. 22, 2012, Joseph Branch, with a blood alcohol content (BAC) of .307 percent (2½ higher than the .08 percent, the legal definition of intoxication in Louisiana) and driving at a high rate of speed, struck two bicyclists, killing Nathan Crowson and severely injuring his riding companion, Daniel Morris.

Branch, who had a previous DWI conviction in 2006 and was given a six-month suspended sentence, was convicted of vehicular homicide and first degree vehicular negligent injuring and sentenced to 7½ years in prison. http://theadvocate.com/news/11878236-123/baton-rouge-man-joseph-branch

That should be that, right?

Well, no. There remained the issue of whether or not The Bulldog, a bar where Branch had been drinking with two friends just before the accident, might be legally liable for continuing to serve Branch after it was evident that he was intoxicated.

Anytime there is an alcohol-related auto accident involving a fatality, the Louisiana Office of Alcohol and Tobacco Control (ATC) investigates whether or not the driver had been served alcohol after it was obvious he was intoxicated. Such customers are supposed to be eighty-sixed, or cut off from being served more alcohol.

So, how are investigations carried out?

Meticulously. Carefully. Thoroughly.

Think again.

The investigation, which would routinely require weeks upon weeks of interviews, document and video review and which normally produce written reports 30 to 40 pages in length, was unusually short in duration and produced a report of a single page.

One page that completely exonerated the bar of any violation. http://www.wbrc.com/story/16903763/bar-cleared-in-fatal-crash

Initially, two ATC agents, neither of whom now work for the agency, began the investigation by requesting a video of the night in question to determine if Branch displayed any obvious signs of intoxication. They also asked owners of The Bulldog, located on Perkins Road in Baton Rouge, for certain other documents and information, including copies of any and all receipts of alcoholic beverages purchased by Branch.

When the bar initially refused to cooperate, the agents who customarily investigate such cases, obtained a subpoena and served it on the bar.

Enter ATC Commissioner Troy Hebert.

This is the same Troy Hebert who allegedly once admonished an agent for not shooting an unarmed man. When an ATC agent attempted to question a man who appeared to be intoxicated in the Tigerland area near the LSU campus where a number of bars and clubs are located, the man dove at the agent’s feet in an attempt to take him down. He was quickly overpowered and handcuffed by agents who reported the incident to Hebert. They said Hebert asked, “Why didn’t you shoot him?”

It is also the same Troy Hebert who another Baton Rouge bar owner says set his establishment up for selling to underage customers.

In December, his bartender refused to sell alcohol to an underage patron working undercover in tandem with an ATC agent. When the bartender refused to sell alcohol to the underage customer, the female ATC agent purchased the drink and gave to the younger girl and then cited the bar for selling alcohol to underage patron.

“That server is taught that they are to remove the drink from the individual who is underage,” Hebert said.

“She slides the beer to the underage girl,” bar owner Andrew Bayard said. “She assumed possession and gives it to the underage girl. I don’t feel that is a fault of my employee.” http://www1.wbrz.com/news/bar-owner-at-odds-with-state-alcohol-agents-claims-his-employee-was-set-up

Hebert officially resigned as commissioner, effective Jan. 10, the day before the new governor, John Bel Edwards, took office. He since has announced he will seek the U.S. Senate seat being vacated by Sen. David Vitter who is not seeking re-election.

But we digress.

In an unprecedented move, Hebert, who had zero experience as an investigator, decided he would be the lead investigator of the Bulldog.

What possible motive would Hebert have in rushing through an investigation and issuing a press release on Feb. 9 absolving the bar of any responsibility? Why would he instruct the lead agent on the case to limit his report to one page?

Why would Hebert watch the video footage for only a few seconds before proclaiming he “saw nothing” there? Why not watch the entire video to see if Branch did, in fact, appear intoxicated?

Even more curious, why would Hebert instruct that same agent to return to The Bulldog and retrieve the subpoena the agent had served on the establishment for video and records, thus freeing the bar of any responsibility to turn over key records?

Is it possible that the answer to each of these questions can consist of two words?

Might those two words be Chris Young?

The New Orleans attorney represents scores of clubs and bars (and convenience stores) before the ATC and his sister, Judy Pontin, is the executive management officer for ATC’s New Orleans office, earning $71,000 per year.

John Young, the brother of Chris Young and Pontin, is the former president of Jefferson Parish and was an unsuccessful candidate for lieutenant governor in last fall’s statewide elections.

ATC insiders told LouisianaVoice that when an establishment wants to apply for an alcohol permit or whenever the business experiences problems with ATC, Pontin refers them to Chris Young for legal representation.

Chris Young was the legal counsel for The Bulldog prior to and throughout the ATC investigation.

Daniel Morris, who was severely injured in the accident, retained the representation of Lafayette attorney Patrick Daniel who issued his own subpoena to ATC for certain records to bolster his litigation against The Bulldog.

In February 2013, more than a year after the accident which left Morris disabled, Daniel sent a letter to ATC general Counsel Jessica Starns noting that ATC FAILED TO PROVIDE RECORDS TO MORRIS

“Your response is considered incomplete as it does not contain certain items referenced in the produced documents,” he said.

It was not immediately determined if the records were finally produced but it does raise the obvious question of why did ATC not comply with that subpoena in the first place, thus necessitating a follow up letter from the attorney?

Could those records have contained information that conflicted with ATC’s one-page report of Feb. 9, 2012, the report that supposedly cleared The Bulldog?

A lot of questions were left hanging out there and someone deserves some answers.

We’re guessing that would be the families of the two cyclists.

But we may never know those answers.

In June 2014, the First Circuit Court of Appeal upheld a Baton Rouge state district court in tossing Morris’s lawsuit on the basis that the responsibility for intoxication lies with the individual, not the establishment.

Thus was added insult to Morris’s considerable injuries.

Read Full Post »

North Louisiana judge removed from bench, re-elected, disgraces his office in sentencing drug dealing state cop

Posted in Courts, Judges, Politicians, Public Records, State Police on February 4, 2016| 17 Comments »

If there’s anything dirtier than a rogue cop, it would have to be a rogue judge.

Put the two together and an epic miscarriage of justice is bound to occur.

The two are equally bad for different reasons. The bad cop has a badge and a gun. The judge exists for the sole purpose of seeing that justice prevails for society—that victims are protected and the guilty are punished. When one or both betray that trust, society is the loser.

Recent events up in Monroe have proved that Ronald Thomas and Larry Jefferson belong together—in the same jail cell.

It was bad enough that Thomas, a Louisiana State Police veteran of 18 years routinely went off the grid to go fishing or meeting up with his paramour—all while on the clock. But over a period of two years, Thomas, the evidence custodian for Troop F in Monroe, returned up to $1 million in confiscated drugs to the street by stealing packets of cocaine that he was charged with incinerating. The scheme enriched him by hundreds of thousands of dollars in dirty money. http://theadvocate.com/news/neworleans/neworleansnews/14639945-75/state-police-evidence-scandal-ends-in-modest-prison-term-for-rogue-trooper

Thomas was enabled in carrying out his business venture because the evidence custodian position had few, if any, checks and balances.

In September 2012, for example, he removed two sealed boxes containing nearly 24 pounds of cocaine from the evidence vault. The evidence was scheduled for destruction and Thomas was to have taken it to an incinerator in Alexandria the next day. Hidden cameras in his office even recorded him stuffing cash into a sock and then secreting the money in his waistband before leaving work.

Thomas was charged after a year-long investigation and faced up to 20 years in prison. His attorney, Darrell Hickman said of his client at trial, “This is a man who is probably not going to be in trouble for the rest of his life. He lost his job, he lost his reputation, and he almost lost his family. That’s enough to bring any man back to reality.”

Really, Darrell? That’s your best defense? A real pity all accused felons couldn’t fall back on the “I’ll probably never get in trouble again” defense.

At least Thomas was a little more creative. He blamed his crimes in part on exposure to fumes from confiscated narcotics he handled for years after being removed from patrol to the evidence room.

Yeah, right. And I blame my poor grades in school to the foul odor of cabbage wafting up into my classroom from the school cafeteria.

So, what was his punishment? Did he get the full 20 years?

Nope.

One year in the lockup, plus a $15,000 fine (remember, he raked hundreds of thousands of dollars by forsaking his sworn oath to uphold the law), and 240 community service.

And that’s where Judge Jefferson becomes the topic of our story and picture is ugly, to say the least. Yes, Thomas was a bad cop, but this story is about a disgraceful judge, a judge whose ego knows no bounds and his respect for the law appears miniscule.

First, a little background. A city court judge first, he was removed from the bench by the Louisiana Supreme Court on Jan. 18, 2000 after being formally charged by the Judiciary Commission with four separate counts:

Charge I:  Judge Jefferson abused his authority as a judge with respect to the City Prosecutor for the Monroe City Court and the Clerk of Court for the Monroe City Court by exceeding his contempt power and/or abusing such contempt power, which demonstrates a lack of proper judicial temperament and demeanor. These actions violated Canons 1, 2, 3(A)(1), (2), (3) and 3B(1) of the Code of Judicial Conduct and La. Const. art. V, § 25C in that the actions were willful misconduct relating to the judge’s official capacity and were persistent and public conduct prejudicial to the administration of justice that brought the judicial office into disrepute.  

Charge II:  Judge Jefferson abused and exceeded his authority as a judge when he banned the City Prosecutor from his courtroom and subsequently dismissed 41 cases. His conduct violated Canons 1, 2, and 3A(1), (2), and (3) of the Code of Judicial Conduct and La. Const. Art. V, § 25C in that he engaged in willful misconduct relative to his office and engaged in public conduct prejudicial to the administration of justice that brought the judicial office into disrepute.

Charge III:  Judge Jefferson engaged in the unauthorized practice of law in violation of La. R.S. 13:1952, Canons 1, 2, 3A(1) and La. Const. art. V, § 25C, in that he engaged in willful misconduct relating to his official duty and in public conduct prejudicial to the administration of justice.

Charge IV:  That Judge Jefferson failed to comply with the order of May 28, 1998, issued by the Louisiana Supreme Court, pursuant to which he was relieved of all administrative duties at Monroe City Court.   This was in violation of Canons 1, 2, 3(A)(1) and 3(B)(1) of the Code of Judicial Conduct and La. Const. art. V, § 25C, in that he engaged in willful misconduct relating to this official duty and in persistent and public conduct prejudicial to the administration of justice.

There’s more.

In Charge I, the Commission charged Judge Jefferson with abusing his authority as a judge by exceeding his contempt power and abusing such contempt power with respect to the city prosecutor and the clerk of court for the Monroe City Court. The Commission found that such acts demonstrated Judge Jefferson’s lack of proper judicial temperament and demeanor under the circumstances. Charge I included three incidents involving Judge Jefferson, the prosecutor, James Rodney Pierre, and the Clerk of Court, Ms. Powell-Lexing, in which the judge held these individuals in contempt of court. http://caselaw.findlaw.com/la-supreme-court/1212290.html

“The majority recommends that Judge Jefferson be removed from judicial office,” the January 2000 decision said. “However, this court has previously stated that “[t]he most severe discipline should be reserved for judges who use their office improperly for personal gain; judges who are consistently abusive and insensitive to parties, witnesses, jurors, and attorneys; judges who because of laziness or indifference fail to perform their judicial duties to the best of their ability; and judges who engage in felonious criminal conduct.   Moreover, the removal of a duly elected member of the judiciary is a serious undertaking which should only be borne with the utmost care so as not to unduly disrupt the public’s choice for service in the judiciary.”

Judge Jefferson’s conduct warrants a two year suspension, retroactive to his interim suspension dated October 13, 1998. Effectively, the two-year suspension was in reality a 10-month suspension—to Oct. 13, 2000.

In September 2000, Judge Jefferson was sued by newsman Ken Booth in an effort to prevent his return to the bench. The lawsuit was thrown out because Booth could not prove he was a qualified elector in Ouachita Parish and thus, had no legal standing with the court.

But the court took matters a step further by point out the Supreme Court has no authority set qualifications for seeking office. “Once an individual has been removed from judicial office, he no longer is a judge, and is no longer subject to judicial disciplinary actions,” the ruling by the State High Court said. Because Jefferson’s license to practice law was not revoked, he was therefore eligible to seek another judgeship. http://www.leagle.com/decision/20002014765So2d1249_11742/BOOTH%20v.%20JEFFERSON

http://www.noethics.net/News/index.php?option=com_content&view=article&id=2484:attorney-larry-d-jefferson-of-monroe-la-il-duce-wannabee-moron-&catid=150:louisiana-attorney-misfits&Itemid=100

Accordingly, in November 2007 he again won election to the Monroe City Court judgeship with 62 percent of the vote.

Then, in November 2014, he ran for judge of the 4th Judicial District Court (Ouachita and Morehouse parishes), capturing 61 percent of the vote.

And so it was in 2016 that a dirty cop came forward to receive justice from a tainted judge who handed down a disgraceful sentence.

Thousands of non-violent offenders occupy cells in state and parish prisons throughout Louisiana for minor transgressions—and they’re serving sentences considerably longer than the cop who ripped off $1 million in cocaine from the State Police evidence room.

And there are judges who will turn a blind eye to such crimes but will berate a city court prosecutor or a city clerk of court for the most minor of offenses.

There is a certain irony that the last names of Thomas and Jefferson would come together to spit in the face of honest cops and judicial integrity.

Read Full Post »

« Newer Posts - Older Posts »