OpenCDA

April 27, 2014

Revisiting an Old Idea

Filed under: Probable Cause — Bill @ 9:39 am

jail_cell copy

This morning’s The Spokesman-Review published in Spokane, Washington, had an article authored by Mike Prager and headlined “Spokane County Jail is overcrowded and falling apart.”  The headline accurately states the problem.  The overcrowding precedes the falling apart by over a decade.

In early 2006, The Spokesman-Review’s op-ed editor Doug Floyd contacted me and requested that I prepare an op-ed piece for the newspaper.  My response was headlined “Bi-state effort answer to jail overcrowding” which ran in The Spokesman-Review on March 2, 2006.  It seems to me to be an idea worth reconsidering.  I would go even further now and suggest that Washington and Idaho jointly consider acquiring enough land to not only meet the needs outlined in my original op-ed piece, but establish a regional public safety training facility which would provide bi-state certification for public safety officers in both Washington and Idaho.

When my op-ed first ran in 2006, the response from then Kootenai County Undersheriff Tad Leach was to ask what the County would do with the existing facility on Government Way in Coeur d’Alene.  He observed there isn’t much of a market for old jails.  My response was quite simple.  With some modification to parts of each structure, both Spokane and Kootenai Counties could use their respective jail facilities for intake, medical holding, psychiatric holding, and release processing.   Both Spokane and Kootenai County jails are reasonably close to hospital facilities.

Yes, even I recognized then and now that the turf politics associated with such a bi-state facility would be daunting.   But in the end, it would address the seemingly never ending plea for more jail space while also improving the professionalism of the public safety officers in this region.  It’s an idea that should be revisited.

April 25, 2014

Deception by Omission?

Filed under: Probable Cause — Tags: — Bill @ 8:17 am

WriteToldThis morning’s Coeur d’Alene Press editorial entitled Open eyes – and meetings strives desperately to discredit local education watchdog Mary Jo Finney’s complaint that the Board of Trustees of School District 271 engaged in an unlawful meeting while a quorum of their members were in Boise.

The Press editorial includes this statement:  “The fact that the district legally posted notice of a meeting in Boise that was central to Finney’s complaint weakened her argument, if it didn’t kill it altogether.”

Oh, really?

For the record, Google Maps’ most direct route from Coeur d’Alene to Boise shows that the driving distance is approximately 378 miles with a drive time of approximately 6 hours 59 minutes.

OpenCdA will assume the Press is accurately reporting that “…the district legally posted notice of a meeting in Boise…”.   We will take that as an accurate admission, even by the Press, that a meeting not only took place but that the meeting was also  scheduled in advance.   To take that one step further, if the School District did post the stautorily-required notice of the Boise meeting, then it was acknowledging  that the meeting in Boise was in fact, a meeting required by law to be noticed.  Idaho Code §67-2341(6) defines such a meeting as “… the convening of a governing body of a public agency to make a decision or to deliberate toward a decision on any matter.”  Thus, the only reason to properly notice the meeting was because the quorum of the School District Board of Trustees attending the meeting intended in advance to deliberate toward a decision and possibly make one.  So instead of successfully discrediting Finney’s assertion that the alleged meeting took place illegally, the Coeur d’Alene Press has in fact admitted and established that it did.  (more…)

April 21, 2014

Update: Federal Lawsuit Challenges Idaho’s “Interference With Agricultural Production” Law

Filed under: Probable Cause — Bill @ 11:28 am

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[A lawsuit filed March 16, 2014, in Idaho Federal District Court challenges the constitutionality of Idaho’s newly-passed Interference with Agricultural Production law.  The law is better known in Idaho by its informal nickname, the “ag gag law”.

A news summary of the lawsuit appeared in an online IdahoReporter.com article by Austin Hill dated April 18, 2014, entitled Idaho farm protection bill faces legal scrutiny.

The formal complaint, filed in the federal district court under case number 1:14-cv-00104- BLW, is titled “Animal Legal Defense Fund et al v. Otter et al“.  Here is a link to the 52-page complaint(more…)

April 20, 2014

DBSI in Dollars

Filed under: Probable Cause — Tags: — Bill @ 3:42 pm

DBSI$ copyOpenCdA’s previous posts about the DBSI securities fraud trial in Idaho’s Federal District Court have focused on the criminal trial.

Of course, a portion of that trial revealed the dollar losses suffered by those caught up in the scheme.  It  is difficult for most of us to grasp the magnitude of those dollar losses.  The aggregate approximations sometimes used, “millions if not billions of dollars,” doesn’t begin to help us appreciate the pain and suffering incurred by DBSI’s creditors.  For a small creditor, the loss of just a few thousand dollars may mean the loss of a business or the ability to retire.

Thanks to OpenCdA reader “Stebbijo” we can begin to personalize the losses and maybe to better appreciate not just their dollar value but their emotional impact as well.  “Stebbijo” provided us with this List of Creditors filed in the Federal Bankruptcy Court in Delaware.  You will note that there are 1,791 pages, and there are 20 or more creditors listed on each page.  The actual list of creditors is only 895 pages, but there are two lists:  one is sorted in ascending alpha on the creditor’s name, and the other is sorted in ascending numeric by claim number.  In addition to identifying the creditors, the column headed “Claim Amount” often but not always lists the dollar amount of each claim.  For those interested in looking at the various bankruptcy filings in re DBSI Inc., et al, The case number is 1:08-BK-12687.

OpenCda has quickly scanned about 500 pages looking for creditors who listed their address in northern Idaho.  We have found at least 10 in northern Idaho.   We do not believe that is the entire number, however, since some of the claims were likely filed through attorneys with addresses not in northern Idaho.  For example, a creditor identified as “Call Ctr Coeur DAlene Ironwood Tenants in Common” used a law firm in Eagle, Idaho, and filed claims in excess of $1,066,400.91.

Careful readers will note we have avoided referring to the creditors as “victims,” because some of the creditors listed in the List of Creditors include criminal defendants Swenson and Ellsion.  The creditors may be investors, but they may also be businesses who provided goods and services to acquire, build, or operate the various DBSI enterprises.

April 16, 2014

An Opportunity for OpenCdA Readers to Ask Questions

Filed under: Probable Cause — Tags: — Bill @ 2:23 pm

DBSIEarlier today OpenCdA had a new registrant with the username “mkjcrich”.  Shortly thereafter, “mkjcrich” attached this comment to our post titled DBSI Update (Subtitle:  Manipulating Audits):

I was foreperson on this jury and after being discharged found this website. The webhost has done an amazing job offering information and insight into the case. It was a very complex case and the jury took its time dealing with each defendant on each issue. Judge Winmill informed us about Agent Morse’s suicide/death yesterday after we were released. Some of the jurors knew but most did not and a few took the information very hard. If there are any questions that I have the answers to….feel free to ask.

Comment by mkjcrich — April 16, 2014 @ 12:51 pm”

First to “mkjcrich”:  Thank you for your jury service. I hope that it was a satisfying and rewarding experience for you and your fellow jurors.  Thank you also for your nice compliment.

I think as a starter, it would be informative to OpenCdA readers to hear your overall comments and impressions about your jury service in a very serious and complex federal criminal trial.   How would you characterize your overall experience with the federal criminal justice system?  What expectations did you have going into the trial as far as your service was concerned?  How would you characterize the overall performance of your fellow jurors?  If since your release from jury duty you have read or heard news reports of the trial, how would you compare the accuracy and completeness of the news reporting with what you observed as a sitting juror?  Given that this appeared to us to be a complex financial crimes case, how would you characterize the ability of the government to present the admitted evidence in a logical, understandable fashion?  Overall, what most surprised you, what most pleased you, and what most disappointed you about your service as foreperson in a federal criminal jury trial?

Additionally, if as it appeared to us DBSI’s principals started up intending to operate lawfully as a legitimate business but devolved into criminal conduct, what lessons can communities and individuals learn from the admitted evidence to help us identify and avoid becoming victims of companies like DBSI?

Boss Hog to the Pen …

Filed under: Probable Cause — Tags: — Bill @ 10:59 am

rizzoAccording to Angela Spaccia, Robert Rizzo’s cohort in the Bell corruption scandal, Rizzo had a saying:

“Pigs get Fat … Hogs get slaughtered!!! So long as we’re not Hogs … all is well!!”

Today, California Superior Court Judge Kathleen Kennedy told Hog Rizzo that all was not well.  She sentenced him to serve 12 years in state prison for his part in the Bell corruption scandal.  He will be allowed to serve the state’s sentence concurrently with his 33-month federal sentence on tax-related charges.

The details of today’s sentencing are in LA Times reporter Jeff Gottlieb’s online story headlined Rizzo gets 12 years in prison, marking end to scandal that rocked Bell.

While Rizzo’s sentencing on federal and state charges and Angela Spaccia’s sentencing on state charges do appear to end the state action, there remains the possibility of federal charges against Angela Spaccia.  As OpenCdA has noted in several earlier posts, Angela (Sheffield) Spaccia served as Kootenai County, Idaho’s Finance Director prior to going to Bell.

April 15, 2014

Just Down the Street…

Filed under: Probable Cause — Tags: , — Bill @ 12:19 pm

CudahyJust down the street (that would be Atlantic Avenue) from scandal-ridden Bell, California, is the city of Cudahy (pronounced “cudda’-hee” or “cudda’-hay”).  In fact Bell is Cudahy’s next-door neighbor to the north.  It appears that Cudahy and Bell share more than just a border.

In an online story dated April 15, 2014, and headlined State accuses small city Cudahy of large spending irregularities,  Los Angeles Times reporters Jeff Gottlieb and Stevel Marble reveal that California State Controller John Chiang today released the state’s City of Cudahy – Review Report – Administrative and Internal Accounting Controls for the period July 1, 2010, through June 30, 2012.  (Note:  Times reporter Gottlieb updated this story and added details in a later one headlined Audit faults Cudahy as government in chaos.)

The essence of the state’s Review Report can be summed up in the first sentence of the Conclusions section:  “We found the City of Cudahy’s administrative and internal accounting control deficiencies to be serious and pervasive.  As a result, the potential for fraud, waste, and abuse is very high.” (more…)

DBSI Update: Guilty!

Filed under: Probable Cause — Tags: — Bill @ 6:41 am

DBSI

In its story headlined Jury:  DBSI officials guilty, but not of all charges, the Idaho Statesman is reporting that DBSI President Douglas Swenson was convicted by a federal district court jury of 78 counts of various frauds.

DBSI attorney Mark Ellison and two corporate officers were convicted on 44 counts of securities frauds.

This is a preliminary story; the Idaho Statesman will have more complete coverage in its Tuesday newspaper and online.

OpenCdA has several earlier posts derived from the Idaho Statesman’s reporting and other sources.

And still nothing timely from The Spokesman-Review or the Coeur d’Alene Press.

ADDENDUM on 04-15-2014 at 6:41 AM:  The hyperlink in the first sentence of this post was carried forward to the Idaho Statesman’s article on April 15, 2014.  Today’s Statesman story, headlined UPDATE:  DBSI official convicted of fraud,  provides additional details.  Of particular interest was this from today’s story:

Before its 2008 bankruptcy, DBSI managed 280 shopping centers, office buildings and other commercial buildings in Idaho and 33 other states. The holdings were worth $2.7 billion; many of them were owned by groups of investors to whom DBSI sold fractional shares.

With DBSI’s extensive involvement in 34 states including Idaho and with holdings worth about $2.7 billion, OpenCdA still wonders why this story received pathetically little coverage from Idaho’s other newspapers including the Hagadone News Network and The Spokesman-Review.

Read more here: http://www.idahostatesman.com/2014/04/14/3134466/jury-dbsi-officials-guilty-but.html?sp=/99/1687/&ihp=1#storylink=cpy

April 14, 2014

Kevin Siers, Charlotte Observer, Awarded Pulitzer Prize

Filed under: Probable Cause — Bill @ 3:44 pm

Kevin copy[

The 2014 Pulitzer Prize winners were announced today, and Kevin Siers of the Charlotte Observer won for his editorial cartooning.

Here is a link to Siers’ winning portfolio submitted for consideration.

April 11, 2014

Memorable Comments From the Judge and the Con Artist

Filed under: Probable Cause — Tags: — Bill @ 8:12 am

SpacciaBookingPhoto]

Yesterday’s OpenCdA post titled Prison for Former Kootenai County Finance Director linked to the preliminary story from the LA Times reporting that former Kootenai County finance director Angela (Sheffield) Spaccia had been sentenced to 11 years, 8 months in California state prison for her role in the Bell, California, corruption scandal.

Today’s Los Angeles Times story headlined Former Bell second-in-command gets 11 years in prison for corruption elaborates on yesterday’s story.  In today’s story there are some telling comments from both Spaccia (Sheffield) and Los Angeles County Superior Court Judge Kathleen Kennedy.  Some of Spaccia (Sheffield)’s comments have been reported before by the Times, but of course Judge Kennedy could not comment until after the trial was over and the sentence had been imposed.

OpenCdA hopes readers will read today’s LA Times article and pay close attention to the comments from both Judge Kathleen Kennedy and the convicted con artist, Angela (Sheffield) Spaccia.  They reveal the mindset of not only the con artist Spaccia and her fellow con artist City Administrator Robert Rizzo, but also the Judge’s now much clearer understanding of the complicity of Bell’s then-mayor and all but one member of Bell’s city council.

Midway through today’s article, Times reporters

We can’t help but wonder if Spaccia (Sheffield)  at that moment might have  been wishing  she had stayed in Coeur d’Alene and Kootenai County, Idaho. (more…)

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