Lawyer Charged In Conspiracy Wants Court Records Unsealed

The prosecution of Washington criminal defense lawyer Charles Daum pits a veteran attorney against a former client, a local man whose drug case is at the heart of the allegations against Daum.

Prosecutors contend Daum and two private investigators conspired to fabricate evidence and tamper with witnesses to convince jurors that Daum’s client, Delante White, was not guilty in a drug case in Washington federal district court. Daum and the investigators were indicted earlier this year.

Jurors deadlocked in White’s trial in 2008, and a mistrial was declared. The case against White soon went under seal, suggesting that he began cooperating with the government.

Court records show that White and three others, including his two brothers, were charged with perjury and other crimes for their roles in a conspiracy to obstruct the government’s case against White. The disposition of the perjury and witness tampering case is not on the public docket.

Daum’s lawyers want the records in White’s case publicly filed, arguing that he can’t get a fair shake if he can’t see what transpired after the mistrial.

Senior Judge Gladys Kessler of U.S. District Court for the District of Columbia today held a closed-door hearing to review Daum’s request for access to records in White’s cases. Before shuttering her courtroom, Kessler said she was sealing the hearing “out of an abundance of caution.”

Daum’s lawyers, including David Schertler of Schertler & Onorato, and the attorneys for the two investigators filed court papers under seal asking Kessler to publicize the proceedings in the cases against White and the three others.

Trial attorneys Robert Spelke and Donnell Turner of the Justice Department’s Criminal Division opposed the public disclosure of White’s records, court records show. The substance of the government’s position, however, was filed under seal.

In the underlying drug case against White, Daum’s attorneys in June publicly filed a motion to unseal court documents. In those papers, Daum’s lawyers said he would be “severely prejudiced” if he cannot access the proceedings that involved White, his two brothers, Jerome and Christopher, and the girlfriend, Candice Robertson.

“It is critical that he be permitted to review the substance and posture of the current cases against these witnesses as part of his investigation and preparation for trial, and the constitutional guarantee of public access to court documents grants him the right to do so,” Schertler said in a motion (PDF).

The government’s case, Daum’s attorneys said, is “built almost exclusively” on the testimony of the four witnesses. Daum’s lawyers said they do not believe the cooperators are still working on any covert investigation for the government.

Schertler said prosecutors have already told him that White, his brothers and Robertson may be called as witnesses against Daum. Prosecutors have provided Daum’s attorneys with testimony from the four defendants, Schertler said.

Daum’s attorneys said “no ongoing covert investigation warrants continued sealing of this matter, and the identities of these witnesses require no further protection for safety or other reasons.”

“Mr. Daum stands accused of serious crimes that jeopardize his liberty and his career,” his lawyers said. “It appears that his primary accusers of are individuals who had substantial incentives to assist the government in order to alleviate their own criminal exposure.”

It was not immediately known whether Kessler today ordered the unsealing of records in White’s cases. Delante White’s lawyer, Mark Carroll, a solo practitioner in Potomac, Md., who practices in federal district court, declined to comment on the sealed hearing.

Schertler and the attorneys for the defense investigators said they are reviewing the government’s evidence, which includes phone calls Delante White made while jailed on the drug charges.

Cozen O’Connor partner Bernie Grimm, who represents Daaiyah Pasha, a defense investigator charged with Daum, said he is continuing to review more than a thousand phone calls that prosecutors have turned over as evidence. Schertler estimated it will take him a couple of more months to review the entirety of the tape evidence.

Kessler said she wants to meet again with the lawyers in October for a status update.

 

http://liarcatchers.com/fraud_investigation.html

 

 

  • Facebook
  • Twitter
  • Delicious
  • Digg
  • StumbleUpon
  • Add to favorites
  • Email
  • RSS
  • LinkedIn
Posted in Court Ruling | Tagged | 1 Comment

Under the microscope: Carl Crawford

KANSAS CITY, Mo. — The Red Sox [team stats] started one of their worst lineups of the season yesterday. No Jacoby Ellsbury [stats]. No Kevin Youkilis [stats]. No David Ortiz [stats].

If ever a time screamed to move Carl Crawford up in the order, this was it. It has been that kind of season for the $142 million man, who has struggled to find a comfort zone since Day 1 and is running out of time to make his first season with the Red Sox a productive one.

Yesterday, with left-hander Danny Duffy on the mound, Red Sox manager Terry Francona eschewed batting Crawford second — no doubt in large part because he started the game batting .179 against lefties — in favor of right-hander Darnell McDonald, who was hitting just .175 overall.

Both players responded with solo homers. McDonald blasted a 391-foot shot to left in the sixth, and Crawford followed suit with a bomb over the right field fence an inning later.

The homer turned what had been looking like another unproductive day (strikeout, weak groundout) into one Crawford could feel good about. Maybe it’ll even get him going.

If we’ve learned anything about the left fielder this season, it’s that feeling good about himself is of the utmost importance.

For all the talk of the Red Sox hiring a “private investigator” to plumb the depths of Crawford’s character and personality (a figure of speech that general manager Theo Epstein has since declared poorly phrased), their research failed to predict how he’d handle the scrutiny of Boston.

Some guys rage at the negativity defiantly. Think John Lackey, saying “You guys will write what you want anyway.”

Others ignore it and remain unaffected. Think J.D. Drew [stats], who’s just as pleasant as the day he arrived, and whose numbers have basically mirrored those of his career, at least until the last year or so.

But Crawford is unique in that his response to criticism seems to be . . . sadness.

He acknowledges he hears the boos, even on the road, where every visitor gets booed. Earlier this season, he admitted that a particularly negative string of questions from a local radio reporter ruined his mood. In recent days he has finally taken to dismissing questions about his performance altogether, because what’s left to say?

“I just caught one,” he said yesterday when asked about his homer. “That’s how I’m feeling right now. I really can’t break it down for you or give you something in-depth on my swing. I’m just trying to finish strong the best way I can.”

Crawford works tirelessly, maybe harder than anyone on the team. He’s routinely drenched in sweat when other players are just arriving at the park. His pregame ritual involves shuttling between the batting cage and some other workout. He’s fanatical about improving and rarely sits still.

When he then gets criticized or questioned, he comes across as wounded, his tone suggesting, Can’t you see how hard I’m working? I care more than any of you. Why isn’t that enough? The Red Sox [team stats] hope and believe the combination of Crawford’s work ethic and talent will eventually prevail. They really don’t have a choice, considering how committed they are to him over the next six years.

Plenty of players struggle during their Red Sox debut before scaling greater heights. Josh Beckett [stats] posted a 5.01 ERA in 2006 before carrying the Red Sox to a title in 2007. In that championship season, Drew was a postseason hero after compiling a relative zero of a regular season while caring for a sick child.

Crawford has the skills to experience a similar revival, and it could start today. The longer-term issue is if he’ll ever adapt to the scrutiny of playing here . And that question, unfortunately, does not yet have an answer

 

http://liarcatchers.com/corporate_investigations.html

  • Facebook
  • Twitter
  • Delicious
  • Digg
  • StumbleUpon
  • Add to favorites
  • Email
  • RSS
  • LinkedIn
Posted in Private detective | Tagged | Comments Off on Under the microscope: Carl Crawford

Florida’s ‘Senior Sleuths’ uncover scams against elderly

DELRAY BEACH— These silver-haired sleuths don’t go to crime scenes or carry guns. Some don’t even leave their beds. But Florida’s growing army of “Senior Sleuths” and other elderly volunteers increasingly are working behind the scenes to go after people preying on their own.

The Seniors vs. Crime project, which is expanding in South Florida, has thousands of volunteers who do the unglamorous work of investigating complaints from elderly consumers.

Most are retirees who spend their time on the phone in one of the program’s 40 offices around the state. On more interesting days, they’ll go undercover as shoppers to stores suspected of overcharging customers. They sometimes do get more exciting assignments, just not that often.

Take, for example, the 83-year-old Senior Sleuth who took part in a covert operation in the Tampa area in 2001 that led to the arrest of a water-purification system salesman on charges of grand theft.

A hidden camera captured the salesman using scare tactics in the sales pitch.

Last year, the savvy sleuths recovered $208,000 for victims in Palm Beach and Broward counties, up from $175,099 in 2009.

The Florida Attorney General’s Office oversees the program, which is screening potential sleuths to run its newest office, tentatively set to open in September in Cooper City. The state’s first office opened in Delray Beach in 2001.

A retired schoolteacher, a real estate agent and a police officer have joined the ranks of Senior Sleuths at the Seniors vs. Crime office in Coral Springs. They go after businesses that rip off the elderly, whether it’s calling up a roofer who took a deposit and disappeared or getting a phone company to repay a customer it overbilled.

Marvin Badler, 72, volunteers at least once a week at the cramped office in Delray Beach. The retired private investigator wears a green polo shirt with the “Seniors vs. Crime” logo, and keeps his long white hair in a ponytail. He takes his job seriously, meeting with victims and reviewing several cases a week.

“A lot of the senior citizens have been taken advantage of,” said Badler, who lives in Delray Beach. “If I can help anybody with an investigation, I enjoy it.”

Badler spends most of his time on the phone trying to get contractors and companies to give money back to seniors who didn’t get what they paid for. Most are small, civil disputes, but more flagrant abuses end up on the desk of the attorney general.

A recent victory for Seniors vs. Crime was the July arrest of Robert Hoffman, owner of Rolladen, a well-established hurricane shutter company based in Hallandale Beach.

Rolladen allegedly required customers to pay up to 80 percent of the cost of the shutters upfront, but in many cases never delivered or installed them. The company reportedly received more than $600,000 in deposits for the shutters.

Badler and others at Seniors vs. Crime reviewed numerous complaints against Rolladen and flagged them for the Attorney General’s Office in Tallahassee.

In July, Attorney General Pam Bondi sued Hoffman for practicing deceptive and unfair trade practices. About a week later, the Broward Sheriff’s Office arrested him on charges of running an organized scheme to defraud and unlicensed contracting.

Tom Laird, of Boca Raton, said he tried for months to get Rolladen to repay the $12,700 he paid for hurricane shutters that never arrived. In May, he contacted Seniors vs. Crime after hearing that the sleuths had recovered some money for other customers. At that point, though, Hoffman already was under investigation and the sleuths could not reach him.

“They did everything they could. They were able to get my case to the AG’s office,” said Laird, 67, a commercial real estate investor and retired university professor. “I just hope this man is brought to justice.”

In rare cases, Senior Sleuths go undercover to help prove wrongdoing. One of their first major operations involved sending volunteers into Tire Kingdom stores to get rid of their used tires. The company was accused of overcharging consumers — collecting a $2 disposal fee instead of the state’s $1 fee

http://liarcatchers.com/civil_investigations.html

 

  • Facebook
  • Twitter
  • Delicious
  • Digg
  • StumbleUpon
  • Add to favorites
  • Email
  • RSS
  • LinkedIn
Posted in Private Investigation | Tagged | Comments Off on Florida’s ‘Senior Sleuths’ uncover scams against elderly

The Face of a Recession – Or Would That be ‘Depression’ – in Johns Creek?

I frequently visit pawn shops in the Johns Creek area. Being a private investigator, I often get to know the pawnbrokers and have, on occasion, come across evidence in pawn shops concerning cases I’m investigating; like the case of a female client who had a valuable piece of jewelry – which her husband had given her – stolen by a male “friend” with whom she had become very well “acquainted.”

She didn’t want to tell the cops about it, hoping the jewelry could be retrieved “quietly.”

Then there was the case of the cheating husband who covertly sold some jewelry that his wife thought she had misplaced. He had used the proceeds to buy a nice little bobble for his girlfriend. As it turned out, he didn’t realize his wife had decided to report it stolen and file a claim with their insurance company. Their insurance company was most interested in the findings of that case.

Yes, things like this do go on. You have no idea.

Of course, sometimes I just visit pawn shops to look at the guns and gold coins they’re selling because I like guns and gold. One interesting thing about a pawn shop is the fact that you can see the effects of the economy firsthand – from the perspective of the average person rather than that of a Wall Street financial guru.

I was in a pawn shop just the other day when I saw a guy walk in with a soft-sided, pistol-sized gun case. The man – a quiet, easygoing guy – watched the TV mounted above the counter as he waited patiently for the pawn broker to finish with another customer. Fox News was on and Barack Obama was appearing some place in Middle America where he “was not” campaigning on the taxpayer dime.

“I really don’t like that guy,” the man said with a chuckle, a headshake and a smile on his face as he turned toward me. “You know what I mean?”

“Don’t think he’s doing the job, huh?” I asked.

“If he were,” the man replied, “I wouldn’t be here, right now.”

“How so?” I asked.

“I’m 62,” the man replied. “My wife and I owned a small business here in town for years – made a great living, too. Then, about two years ago, things started going bad with the economy and all, ya’ know?”

“Yeah,” I replied.

“Fact is, a few months ago we had to file for bankruptcy,” he said as the smile left his face. “Thank God she’s an accountant and could find a job. But me? Well, there just isn’t anything out there for me.”

I kept listening.

“We lost our business, our savings – everything but the house,” he said with a sigh. “So, I’m selling my gun collection – a piece at a time.”

“Let’s see what you got,” I said, curious to see the weapon.

He unzipped his small case to reveal a beautiful, handcrafted showpiece; a SIG Sauer P220 .45ACP with a 6-inch barrel, an engraved, stainless beavertail frame and slide, sporting decorative, extended wood grip plates. It was a work of art – and, unfortunately, a bit out of my price range.

About that time the pawnbroker walked over.

“That is a nice gun,” the broker said.

“Yeah, I know,” the man replied. “I need to sell it, though.”

“I can’t do it,” the broker told him. “These high-end guns are just not moving for me right now. I could only pay what would be pennies on the dollar – and I’m not going to do that. The gun’s worth too much.”

“Well,” the man said with a laugh, “I appreciate you not trying to steal it from me.”

The broker handed the man a business card.

“Tell ya’ what,” the broker said, “Call me back – as often as you’d like – and if I find a buyer, I’ll see what I can do.”

The man thanked the broker and zipped up his gun case.

“I’m filing for early retirement and collecting my Social Security,” he said to me. “That’s at least some cash every month.”

All I could do was stand there. The man looked back at the TV. The report had continued in the interim and Obama was in another town by then – on his “I’m not really campaigning” bus tour of heartland America at the taxpayer’s expense.

“I really didn’t think I’d be in this position at this time in my life,” the man said. “But, I’ll tell you what – Republican, Tea Party, man, woman or trained monkey – whoever gets the nomination to run against that guy gets my vote next year.”

He walked away and it made me think about how often I’ve heard that same sentiment around Johns Creek lately – even from those who voted for Obama in 2008.

It looks like there is a huge change coming in 2012. People aren’t just thinking about changing from one candidate to another or even from one party to another. People are thinking about changing the face of government itself, and those kinds of changes in a general election can be felt all the way down to the local level.

I just hope it’s in time to save the small businesses in Johns Creek and the taxpayers who have spent their lives building them ­– because when small businesses collapse, so do the communities they serve.

http://liarcatchers.com/adultery.html

  • Facebook
  • Twitter
  • Delicious
  • Digg
  • StumbleUpon
  • Add to favorites
  • Email
  • RSS
  • LinkedIn
Posted in Private Investigation | Tagged | Comments Off on The Face of a Recession – Or Would That be ‘Depression’ – in Johns Creek?

Families hire private investigator to track Dr. William Ayres

In a last-ditch effort to show Dr. William Ayres is competent to stand trial on molestation charges, families of alleged victims hired a private investigator to tail the once-prominent child psychiatrist last week to a restaurant in San Francisco.

A video shot by the investigator shows Ayres, who claims dementia has made him unable to aid in his defense, engaging in animated conversation with his wife and two male acquaintances.

The San Mateo County District Attorney’s Office is expected to announce Monday whether it will retry Ayres on the issue of competency. Ayres asserts dementia has sapped his cognitive abilities, preventing him from defending himself against sex-abuse charges leveled by several former patients. A jury in June deadlocked 8-4 in favor of finding Ayres unfit for trial.

A group of about a dozen people — including an alleged victim of Ayres and the families of several other alleged victims — paid for a private investigator to shadow Ayres out of concern that the DA’s office will concede that Ayres is incompetent, which could result in his transfer to a psychiatric institution such as Napa State Hospital. They are also worried the DA will cut a deal that enables Ayres to spend his days in a more comfortable facility, a proposition which District Attorney Steve Wagstaffe asserted Friday his office is not considering.

The families acted in response to rumors that Ayres had been seen out and about, acting in a manner they felt was inconsistent with the defense’s portrayal of him in the competency trial. They had forwarded the tip to the San Mateo Police Department on Aug. 11, but say they never received a response. A San Mateo police spokesman was unable to comment on the matter Sunday in time for this story.

On Thursday, a private investigator followed Ayres and his wife, Solveig, from their home in San Mateo to a lunch date at La Vie, a Vietnamese restaurant in San Francisco’s Outer Richmond district. The video, a copy of which was provided to this newspaper Saturday morning, shows Ayres holding a conversation with two men during the lunch, which lasted roughly one hour and 15 minutes. Ayres at times dominates the conversation, gesturing with his hands and smiling often.

Victoria Balfour, a victims’ advocate who helped organize the hiring of the private investigator, said the video contradicts defense attorney Jonathan McDougall’s depiction of a man whose mind is failing. McDougall did not respond to several messages seeking comment.

“They’re trying to portray him as some doddering old man who doesn’t leave the house,” Balfour said Saturday. “There’s nothing about it that makes him look incompetent.”

The investigator’s footage does not include any audio, as California law prohibits recording a person’s conversation without his knowledge, so there is no proof Ayres was speaking coherently. Balfour’s group interprets Ayres’ body language, however, as that of someone who was “holding court,” not a senile man whose ramblings are indulged by friends.

The investigator took notes based on snippets of conversation he could hear. Among the topics of discussion was the recent Republican straw poll in Iowa, according to the notes, a copy of which was also provided to this newspaper.

Solveig Ayres, who sits silently through much of the lunch, was the first witness in the June competency trial, testifying that her husband was having trouble with his short- and long-term memory, once forgetting the name of his son. “He asks a question, he asks the same question 10 minutes later,” she told the jury.

Reached by phone Sunday morning, Solveig confirmed she and her husband were at La Vie on Thursday. Asked about the video, she declined to comment. “I can’t make any comment except he has good days and bad days and he was with very, very good friends,” she said.

William Ayres, who was 79 at the time of the June competency trial, is accused of molesting several young male patients over a period of many years under the guise of physical exams during psychiatry sessions. A criminal trial ended in a hung jury and mistrial in 2009. Before he can be tried again on nine counts of lewd and lascivious conduct with minors younger than 14, Ayres must be found capable of participating in his defense.

The group that paid for the private investigator has been sharply critical of the DA’s handling of the case. Members of the group claim the prosecution of Ayres, who was once a pillar of the community, has been halfhearted and plague by missteps.

Wagstaffe did not return repeated phone calls Saturday and Sunday seeking comment on the video. On Friday, however, he said he was “mystified” by the notion that his office has not pursued the case aggressively. And he defended the work of the prosecutor in charge of the case, Melissa McKowan.

“We’ve been doing everything in our power to lock him up for the rest of his life,” Wagstaffe said. “We continue to be frustrated by the inability to, No. 1, move this case along as fast as possible and, No. 2, find 12 jurors willing to find him competent and guilty.”

In addition to hiring a private investigator, Balfour and families of alleged victims have taken other steps to put pressure on the DA’s office, reaching out to politicians for support and filing a request for a change of venue with the California Attorney General’s Office.

A spokeswoman for the Attorney General’s Office confirmed Friday that the office has received a letter regarding a change of venue but declined to comment further. Wagstaffe claimed Friday there is no legal standing for the change-of-venue petition, however, since these requests are valid only when there is concern about finding an impartial jury, which he said has not been an issue so far.

San Mateo County Supervisor Dave Pine, one of the politicians contacted by the group, declined to criticize the DA’s handling of the case, but said he is concerned that Ayres will elude a guilty verdict.

“It’s a very sad situation,” Pine said. “Mr. Ayres has destroyed the lives of many families. … We’re at a watershed point in the case and I hope justice is done. It’s been a long, difficult road for the victims to see justice done in this case.

http://liarcatchers.com/electronic_surveillance.html

 

  • Facebook
  • Twitter
  • Delicious
  • Digg
  • StumbleUpon
  • Add to favorites
  • Email
  • RSS
  • LinkedIn
Posted in Private Investigation | Tagged | Comments Off on Families hire private investigator to track Dr. William Ayres

State Police Request Help Finding a Missing Lawrenceburg Woman

Kentucky State Police say they need the public’s help locating a missing Lawrenceburg woman.

35-year-old Holly Stewart was last seen on Wednesday August 17, 2011 at around 3:00 p.m. in the downtown area of Lawrenceburg.

She was last seen wearing a red and white striped shirt, tan pants and black boots.

Her hair is brown and auburn.

She is entered as a missing person by the Kentucky State Police in Frankfort.

It’s not clear at this time if Stewart is in any imminent danger.

The Kentucky State Police is asking for anyone with information to contact the Kentucky State Police in Frankfort at (502) 227-2221 or 1-800-222-5555.

http://liarcatchers.com/missing_persons_investigations.html 

 

 

  • Facebook
  • Twitter
  • Delicious
  • Digg
  • StumbleUpon
  • Add to favorites
  • Email
  • RSS
  • LinkedIn
Posted in Private Investigation | Tagged | Comments Off on State Police Request Help Finding a Missing Lawrenceburg Woman

Market is Down Switch IRA

Clark Howard suggests when the market is down, now is the time to switch your IRA to a Roth IRA. To all those folks with IRA, Clark Howard is rarely wrong.

http://liarcatchers.com/fraud_investigation.html

  • Facebook
  • Twitter
  • Delicious
  • Digg
  • StumbleUpon
  • Add to favorites
  • Email
  • RSS
  • LinkedIn
Posted in Fraud | Tagged | Comments Off on Market is Down Switch IRA

Lax disability rules for police and fire pensions cost Lexington big bucks

Embattled Lexington fire Chief Robert Hendricks already draws a service pension from his first career as a Lexington firefighter, from which he retired in 1997.

He wants more.

Hendricks, whom the mayor asked to resign in February from his $148,379-a-year job because of “lack of leadership,” sought a disability pension in May for ailments that have not been made public.

A disability pension could bring the 57-year-old Hendricks at least $100,000 tax-free annually for the rest of his life, plus annual cost-of-living raises, health insurance and in-state college tuition for children.

Hendricks’ request is common in a city where disability pensions are more generous and easier to win than elsewhere.

During the past five years, 38 percent of the 119 Lexington police officers and firefighters who retired were awarded disability pensions. That compared to 3 percent for Kentucky State Police and 7 percent for Louisville hazardous-duty workers, including police officers and firefighters.

Awarding such pensions is not cheap. A city employee who makes $60,000 a year can draw more than $2.2 million if he quits working at age 35 and lives for 50 more years.

Multiply that cost by the 291 people currently collecting disability pensions, and it’s a big reason the city’s police and fire pension fund is $221 million short of what it’s expected to need.

Lexington’s annual spending on police and fire services, including bonds to fortify the troubled pension fund, has doubled since 2000, to $123 million. Police and fire now get close to half the city budget, up from 33 percent a decade ago. That reduces money available for parks and recreation, streets, social programs and the arts.

There are several reasons for the spending increase, including the start of collective bargaining with police and fire unions in 2005. That boosted salaries — pay to a police officer with 10 years of experience rose from $43,449 in 2005 to $54,608 in 2011 — and, consequently, pensions, which are based on salaries.

The pension system’s massive unfunded liability also plays a role. While the private sector shifts the burden of retirement saving to workers through limited defined-contribution plans, Lexington struggles to honor lifetime pledges to 895 police and fire retirees. The cost is $35 million a year and rising fast.

City officials say the problem is aggravated by workers who retire earlier than expected on disability. Rather than pay part of their salaries toward their pensions for the traditional 20 years and then collect for the rest of their lives, which critics say is hardly sustainable in itself, disability pensioners might pay for only five or 10 years, Urban County Councilman Doug Martin said.

The city cannot afford for more than one in three retirees to take disability pensions, Martin said.

“It’s a broken system,” he said. “Our disability system is a sham. It’s draining the retirement fund for other public workers who have paid into it and who have earned their benefits, and it’s costing taxpayers a fortune.”

At 100 percent

Lexington makes it too easy to consider a police officer or firefighter disabled, according to a city task force, led by lawyer Bill Lear, that offered several proposals for reform in 2009.

Among other things, the task force said the city’s police and fire pension fund should adopt disability standards similar to those at the Kentucky Retirement Systems in Frankfort.

The rest of the city’s employees — and the state’s other police officers and firefighters — are enrolled in KRS for their pensions. Lexington alone runs a separate fund for its police and fire employees.

In Lexington, there is a single job description for all police officers and another for firefighters. They require that everyone in the departments be capable of the most strenuous tasks — chasing and tackling criminal suspects or charging up ladders into burning buildings. If employees get hurt and no longer can do everything on the checklist, they’re of no further use.

“You have to be 100 percent. In other words, if you can’t do the job that a 21-year-old full, healthy, young officer can do” the city rates you as disabled, said Mike Sweeney, president of the Fraternal Order of Police Bluegrass Lodge No. 4.

By contrast, KRS allows employers to make “reasonable accommodations” to help injured workers “return to a job of like duties.” A firefighter with bad knees might be reassigned to answer calls at an E-911 center, for example. Handing someone a disability pension is the final option, not the first.

If Lexington tried moving to a more flexible system, union leaders said they would cooperate. While early retirement might sound attractive, it can be tragic for people who enjoy their careers, union leaders said.

Chris Bartley, president of the Lexington Professional Firefighters Local 526, told of a firefighter whose future with the city is uncertain because of a shoulder injury. The injury occurred about 10 months ago, but the firefighter waited until recently to have reconstructive surgery.

“He tried to work through the pain,” Bartley said.

Healing from surgery could take him up to a year, he said. Officers and firefighters must return to full capacity within one year of the injury, not the treatment. So this firefighter probably will be forced onto a disability pension, he said.

“It’s ridiculous,” Bartley said. “Here you have a guy who loves his job and wants to keep it.”

Rival groups

Everyone involved agrees the system is broken. They disagree on who broke it and how. Fixing it would require unprecedented cooperation among four groups that historically distrust one another:

■ The Policemen’s and Firefighters’ Retirement Fund board of trustees, which awards pensions and is dominated by active and retired police and fire employees.

■ The Kentucky General Assembly, which created the city’s police and fire pension fund when Lexington and Fayette County merged and continues to control its rules and benefits.

■ Politically influential police and fire unions that have lobbied the legislature successfully for at least 10 laws that sweetened their retirement benefits.

■ The Urban County Government, which funds the pension plan.

For years, the city failed to pay what legally was required into the pension fund. Officers and firefighters sued for bigger payments. They won a Fayette Circuit Court ruling in 2006 that the city could not get overturned on appeal.

Now the cash-strapped city borrows money to partially make up the difference. Two bonds issued since 2009 for a total of $106 million cost taxpayers $8.7 million a year in debt service. A third bond for $31 million is expected to be issued in coming months.

Police and fire employees blame the Urban County Government for the unfunded liability. Money owed to future pensioners went to more popular city programs, they said. The pension fund had $485 million in assets invested at the end of March, just 58 percent of what it is expected to need.

“They knew it was a problem for years and they didn’t do anything,” said Tommy Puckett, a former patrol officer who represents police retirees on the pension board.

Also, the plan’s long-term success depends on an 8 percent return on market investments that is hardly ever met. During the past 10 years, the actual return was 5 percent.

“The plan is currently severely underfunded,” according to a draft study of the pension fund issued in March by Callan and Associates, a San Francisco investment consulting firm hired by the city.

City officials said the police and fire pension system simply is becoming unaffordable.

There might need to be long-term changes to the city’s pension system, such as imposing stricter rules in disability cases and shifting new employees to a defined-contributions retirement plan, said Geoff Reed, a senior advisor to Mayor Jim Gray.

“We obviously can’t keep adding people to a pension system that is bankrupting the city,” Reed said. “That’s the road we’re heading down.”

By law, any pension changes must happen in the legislature. The debate in Frankfort has been shaped by the police and fire unions, who lobby, give campaign donations and are championed by state Sens. Tom Buford, R-Nicholasville, and Kathy Stein, D-Lexington, among others.

“Politically, we are at a terrible disadvantage to move any legislation on pensions without the cooperation of police and fire,” Reed said.

Stein said she wouldn’t oppose the legislature studying “why our benefits here are more liberal than elsewhere.” But she said she’s not inclined to allow an assault on public employee unions.

“There is an agenda here, and it’s not too hidden anymore, to go after our public workers and attack them for being unworthy of the salaries and benefits they receive,” Stein said. “The fact is, a lot of our public workers have just in the last 20 or 30 years gotten to where they need to be financially.”

A stacked board?

Twelve people sit on the board that awards police and fire pensions. Eight are police or fire department representatives. So people applying to the board for benefits are friends and colleagues.

According to the 2009 city task force, the pension board rejected only three of 135 disability pension requests that it received during the preceding decade. In Frankfort, KRS approved just 25 percent of the disability pension requests it received.

The city’s disability benefits “are much better” than KRS’ and “easier to qualify for,” the task force concluded.

Although the pension board reviews the current status of disability pensioners to see who is working new jobs and where, it almost never yanks a pension as a result. Disability pensioners can return to work without losing any benefits if their new duties aren’t too similar to the jobs they said they couldn’t do anymore.

During the past five years, the board ruled against only one disability pensioner — police retiree John Lamb, who chose to give back his pension rather than quit a job working with federal prison inmates.

The pension board established a formal review process earlier this year to handle complaints from the public about fraud by disability pensioners. None has been processed, city officials said.

In 2006, the city almost got a bill passed in the General Assembly that would have authorized the pension board to hire a private investigator to look into disability fraud. But Buford, the state senator, said he killed that proposal at the request of the police and fire unions.

“We get complaints all the time. We hear about this guy who was supposed to have a bad back but now he’s a roofer and he’s carrying loads of shingle,” said Puckett, the pension board member who represents police retirees.

“Honestly, I don’t want to catch anybody,” he said. “I don’t want to take anybody’s pension. I don’t want to think anyone’s defrauding us. But you’ve got to have a contingency plan.”

http://liarcatchers.com/employee_investigations.html

  • Facebook
  • Twitter
  • Delicious
  • Digg
  • StumbleUpon
  • Add to favorites
  • Email
  • RSS
  • LinkedIn
Posted in Liar catchers, Private Investigation | Tagged | Comments Off on Lax disability rules for police and fire pensions cost Lexington big bucks

Private eye rescues kids in night-time missions

It’s not quite real-life “Spy Kids” even though the adventure certainly is there.
the father, Christer Johansson, was jailed for two months for taking Domenic home from court-ordered foster care for a visit last Thanksgiving.

The case developed in mid-2009 when social services and police forcibly took custody of Domenic, then 7, because they worried he was homeschooled. The local courts later denied the parents the legal representation they sought from Harrold-Claeson, demanding instead they be represented by a government-approved attorney. The courts ultimately ruled the state must keep custody of Domenic.

According to published reports, the private detective struck first in June. The Aftenposten reported that Vestfold police were investigating a case in which a minor was “illegally taken from their parents or others who care for them, in this case, child welfare.”

The report said social services took custody of the child over the objections of the parents, reportedly over an issue of depression. The reports said the 9-year-old climbed out a window at a foster care home and down a rope in the night and was met by the private detective, who then ferried her to her parents – who already had made the move to Poland.

The names of the family members were not released. The family told Radio Szczecin that authorities had come to the girl’s school and questioned her then told the parents they were taking custody.

The second case was reported just days ago, again in Norwegian media. Then, Rutkowski reportedly reunited a 13-year-old boy with his mother in a similar operation.

According to IceNews, the detective “met the boy at a gym before whisking him away to Poland in a convory of unmarked cars.”

The boy’s attorney said, according to the report, “The boy has always said he wants to go home to his mother. He had been clear from day one. I have asked him to get a spokesperson, but he has not been given one and one should have been present when the emergency decision [over custody] was considered by the regional appeals board.”

Harrold-Claeson called the strategy that reunited the 9-year-old with her parents “an excellent piece of work.”

“Polish radio, TV and newspapers have publicized the child’s rescue and expressed severe criticism against Norway. … Children who are taken hostages by the Nordic welfare states must be rescued, because there is no justice in the system,” she said.

“According to the law, the parents are entitled to court hearings in order to obtain the release of their children, but once the system gets its claws into a child, they never let go. I have helped many of my clients in their desperate but futile battle to regain custody of their children,” said Harrold-Claeson.

“Some end up in psychiatric institutions and some have died of heart attacks because the system has destroyed their lives. To date, I have saved 53 children from imminent destruction by the social services. Most of the families in question have taken their children and fled from Sweden,” she said.

Harrold-Claeson charged that the social services system is designed in Nordic countries, especially in Sweden, to provide a healthy income to foster care families..

“These foster homes are often of poor quality, and their prime aim is to earn money off the foster children,” she said,” noting “families whose children are taken into public care are often lone parents, unemployed and/or on welfare.”

She told the HSLDA that she hopes word of the rescues reaches parents so they are aware of “the atrocities that are being committed against children and their families in Norway, Sweden, Denmark and to a lesser extent, Finland.”

The cases “must be brought to the knowledge of the world at large,” she said.

Michael P. Donnelly, director of international relations at the HSLDA, called Harrold-Claeson.”a courageous attorney who has taken on the Swedish social service system and protected children from being kidnapped from the state.”

Harrold-Claeson told WND the case of the 9-year-old came about because her parents had quarreled and social services “intervened to prevent the child from feeling upset.”

“Strangely enough, the agents of the CPS don’t realize that their interventions in families by removing the children and placing them in foster homes among total strangers are more traumatizing that the eventual problems of the parents,” she said.

But she said Swedish authorities believe “children are the property of the state to be bought and sold as commodities. Taking children into care and placing them in foster homes is an … industry in which children’s and the parents and relatives and their health – both physical and mental – is destroyed beyond repair.”

She told WND that the state “has decided to usurp the powers of the parents and replace parental authority over children by delivering them into the hands of the civil servants, who per definition should be servants, not masters.”

She called on Americans to condemn such practices and watch their own backs, since she’s seen similar practices developing in the U.S.

Annie and Domenic Johansson

Donnelly previously expressed alarm at the treatment in Sweden of the Johansson family.

“The inhumanity of Swedish authorities in retaining Domenic Johansson in foster care with virtually no visitation from his parents remains a grave concern for our organization,” he said. “The failure by provincial and national authorities to investigate and rectify a scandalous abuse of power on the part of Gotland municipal authorities and social workers makes Sweden look more like a former Soviet totalitarian state than a Western free and democratic one.”

The government took custody of Domenic when police officers stormed a jetliner which the family had boarded en route to a move to India, the home country of Domenic’s mother, Annie Johansson, in 2009.

The case also is being followed by a blog called FriendsofDomenic.

Gustaf Hofstedt, president of the local social services board in Gotland, earlier told WND by telephone from Sweden that there is more to the dispute than homeschooling, but he refused to explain.

“I understand the public debate has been that is a case that is only concerning the fact of homeschooling,” he told WND. “But that is not the case.”

Asked to explain, he said, “I can’t answer that question because of secrecy.”

Read more: Private eye rescues kids in night-time missions http://www.wnd.com/?pageId=334233#ixzz1Vg6RfdzN

It seems a Polish private investigator, dubbed “Rambo” by fans, has found a solution to the problems created when social services workers in the Nordic countries take custody of children against the wishes of family members: Simply “kidnap” the kids and give them back to the parents.

It’s happened at least twice in Norway and is a stunning development for families there and in countries like Sweden, where social services workers, as WND has reported, have virtually absolute control over children once they are taken into government custody.

In June, private detective Krzysztof Rutkowski was credited with “freeing” a 9-year-old girl from her “Norwegian prison” – the home of foster parents assigned by the government – and returning her to her parents, who fled Norway to live in Poland.

Find out why classes seem so different these days, in “The Harsh Truth About Public Schools”

Then, just days ago, the same detective was reported to have taken a 13-year-old boy from social services custody and returned him to his mother. The family reunion, again, was reported to be in Poland, according to IceNews.

The work has drawn the qualified praise of Ruby Harrold-Claeson, president of the Nordic Committee for Human Rights, which was founded in Copenhagen in 1996. The group aims to “increase the rights and freedoms of private individuals and their families and strengthen respect for basic human rights and fundamental freedoms in the Nordic countries.”

Harrold-Claeson has been involved in some of the most notorious child-custody cases, including the case of Domenic Johansson in Sweden. Her involvement so alarmed local judicial officials that they ordered the Johansson family to be represented by an attorney of the court’s choosing instead of Harrold-Claeson.

That case is pending before the European Court of Human Rights, where the Home School Legal Defense Association and the Alliance Defense Fund, an international civil and religious rights organization, are arguing Domenic needs to be returned to his parents.

http://liarcatchers.com/missing_persons_investigations.html

  • Facebook
  • Twitter
  • Delicious
  • Digg
  • StumbleUpon
  • Add to favorites
  • Email
  • RSS
  • LinkedIn
Posted in Private Investigation | Tagged | Comments Off on Private eye rescues kids in night-time missions

Employee put $2 million on Sarasota County card

SARASOTA – Fred Sherrod ran a small department within Sarasota County utilities, but he wielded authority far beyond his pay grade.He encouraged his preferred vendors to break up big bills into a series of smaller ones, then charged them to his credit card in increments under $3,000 — the maximum the county allows for a single credit card purchase.

Sherrod’s credit card records show more than 200 charges of $2,999 to $3,000 over five years.

As he submitted bill after bill, Sherrod’s supervisors missed or ignored signs he was breaking the rules. Instead of reining in his spending, in 2007 Sherrod’s bosses boosted his monthly credit card limit from $20,000 to $50,000 and set up his work telephone to process credit card transactions, county records show.

Sherrod’s charges continued until he was fired in April, after Sarasota County officials began reviewing internal purchasing practices following the unrelated arrest of another employee.

Auditors from the Sarasota County clerk of court identified Sherrod as one of 25 county employees suspected of misusing their credit cards in ways that eliminated competitive bidding. Sherrod was No. 1 on the list, charging 50 percent more than the next biggest spender.

Sherrod has denied any wrongdoing. He told investigators he did not purposefully manipulate bidding rules but was simply paying for services the way he had been trained. He said many other county employees and administrators used their credit cards the same way.

And for five years, his performance evaluations show, his supervisors gave him good reviews and never questioned his methods.

“Up until the time I got fired, I thought I was doing a good job for the county,” Sherrod, 49, told sheriff’s deputies in a recorded interview. “I thought I was doing everything the way the county wanted it done.”

Dave Cash, Sherrod’s boss at the time of the credit card charges, said he never saw any proof that Sherrod was breaking the rules

His secret? His county-issued credit card.

Over five years, Sherrod used his credit card to control how government work was awarded, skirting county rules that called for competitive bidding.

With little or no oversight from his supervisors, Sherrod racked up $2 million in credit card bills — more than any other county employee — and sent much of that business to his associates, records show.

Sherrod paid an electrician he once employed to do $479,000 in electrical work for the county. He paid another $380,000 to a private investigations firm he once owned.

In interviews with the Herald-Tribune, Sherrod said all the money he paid out was for legitimate work. And a Sarasota County Sheriff’s Office investigation completed last month found no evidence to the contrary.

But a Herald-Tribune review of thousands of pages of emails, invoices and other public documents found that Sherrod violated county policies for years by breaking up bills in a way that short-circuited the county’s competitive bidding process.

Instead of seeking bids on work worth more than $50,000, Sherrod chose the companies he wanted to hire and charged it in small increments to his credit card.

The businesses he liked prospered. Everyone else lost the chance at hundreds of thousands of dollars’ worth of government contracts.

Sherrod’s monthly credit card bills contained abundant evidence of the violations.He would not answer specific questions about Sherrod’s charges or how he reviewed his employee’s credit card purchases.

“It was a long time ago and I just don’t know exactly what I was seeing or not seeing,” Cash said. “It is unfortunate that it could have been caught back then if there was some pattern going on. And why it wasn’t, I’m not sure.”

The private eye

Sherrod, a graduate of Sarasota High School, worked as an electrician for a decade before he tried to make his fortune as a business owner.

He started a surveillance company with a friend in 1995 and sold it two years later.

Then he opened Frederick J. Sherrod Controls and Instrumentation in 1996 and for more than a decade did repair work for Sarasota County’s utilities department.

In March 2006, after selling the company, Sherrod took a lower-paying county job that gave him oversight of a small division in the utilities department.

He had been with the county for four months when his bosses asked him to set up a camera surveillance program to catch thieves stealing manhole covers and other metals from county facilities.

Instead of bidding out the work, Sherrod hired Delta Associates — the Sarasota private investigations firm he had started in 1995.

David Berry, Sherrod’s former business partner, was still running the company.

The surveillance work began a five-year business relationship between Delta and Sarasota County that brought Delta $380,000 in county business. Sherrod charged it all to his credit card in increments of $3,000 or less, county records show.

Services that cost more than $50,000 a year are supposed to be put out for a competitive bid to make sure taxpayers are getting a good price and to give others in the industry a fair chance at government work.But Sherrod never asked that a bid be prepared, and his boss at the time, Cash, says Sherrod never mentioned that he had once owned Delta.

Sherrod denied showing favoritism to Delta, saying he chose the company because it provided the range of services he needed to catch the scrap metal thieves.

“You can’t just look in the phone book, or Thomas Register, and find a vendor that provides all these services under one roof,” he said.

Invoices show that Sherrod kept Delta Associates on the payroll continuously from July 2006 until he was fired in April.

During that time, the county spent $250,000 on surveillance that led to one arrest — for the theft of roughly $100 in copper wire.

Delta collected another $100,000 for an assortment of other work requested by Sherrod.

Sherrod once paid the company $500 to tail a disgruntled employee for a day. Sherrod had disciplined the employee, then hired Delta to make sure he did not follow through on threats of violence.

And Delta was paid $6,000 to follow chemical trucks for a few days because Sherrod suspected the company of overbilling the county.

The bills were all recorded on Sherrod’s county-issued credit cards, but were never questioned by his supervisors, nor stopped by periodic audits that showed annual credit card use in county government had topped $17 million.

Cash, now the county’s executive director of Operations and Maintenance, was Sherrod’s boss when the anti-theft surveillance began. But Cash says he was not aware of how much Sherrod was spending.

“There was never any intent to do it on a large scale or spend any large amount of money on it,” Cash said. “I was not aware that much spending was occurring with that vendor, no.”

Berry, the longtime Sarasota private investigator who owns Delta, said the business he got through Sherrod was not a special favor. “I know it looks strange that we knew each other this way, but trust me,” Berry said. “He knew I was going to do an expeditious, forthright job.”

Under the radar

As Sherrod grew the county’s surveillance operations, he also identified a go-to electrician to work for the county when problems arose.

Again, Sherrod chose someone familiar — Tim Harlow, who once worked for Frederick J. Sherrod Controls and Instrumentation.

When Sherrod went to work for the county in March 2006 Harlow started his own business, Tim Harlow Controls. Within months, he went from making $45,000 working for Sherrod’s private company to grossing more than $200,000 a year through county contract work arranged, in part, by Sherrod.

Harlow, 51, does not have an electrical contractor’s license, yet he became a fixture in the county’s utilities department, hired by at least a half-dozen different county employees for a wide variety of work.

He was paid $850,000 from 2006 to 2011, county records show. More than half of that was charged by Sherrod on his credit card in increments of $3,000 or less, avoiding the requirement that the work be put out for bid.

Had the work been bid out competitively, Harlow likely would not have even qualified because he lacked a contractor’s license.

During the sheriff’s investigation into county spending practices, deputies questioned Harlow and accused him of breaking state contracting laws and lying under oath, investigative documents show.

Harlow would not comment for this story.

State records show he had been covered by another firm’s electrical contracting license for about a month in 2009. His attorney said Harlow did not know he needed to get his own contractor’s license.

The state attorney’s office has not yet decided whether to press criminal charges against him.

When asked why he picked Harlow, Sherrod said he was comfortable with him. “I knew Tim’s capabilities,” Sherrod said. “If you can get one vendor to do the majority of jobs, why wouldn’t you do that?

“There’s a lot of value that’s placed on ease of doing business.”

Questions and answers

Even as Sherrod was asking his bosses to raise his credit limit in 2007, records show that he paid Harlow $6,500 for a single day’s work that was broken into four separate invoices.

Still, Cash lobbied for Sherrod’s monthly credit limit to be more than doubled, to $50,000.

“I feel this increase is appropriate,” Cash wrote in an email at the time. “I will continue to monitor the activity on his card to make sure his spending is accounted for.”

Over the next three months, Sherrod spent $87,000 on the credit card, including $33,000 for the surveillance work by Delta Associates.

Sheriff’s deputies who investigated Sherrod’s expenses concluded that no one person was to blame for what they called the “gross lack of administrative oversight” of credit charges.

The fact that so many people broke the rules made it more difficult to prove criminal intent, according to the sheriff’s office.

The sheriff’s investigation lasted four months, and turned up several other examples of bad management.

In May, a month after Sherrod was fired, his former assistant mentioned that he had rented two units at a mini-storage business on Clark Road.

County officials went to find out what was in them, and found dozens of laptop computers that Sherrod had apparently purchased.

The computers were paid for by Sarasota County, but not listed on any of the county’s inventories. Managers in the utilities department said they knew nothing about the storage units, or where all the computers had come from. Investigators ultimately decided Sherrod had done nothing wrong. He had bought them used, for a few hundred dollars apiece, for spare parts. Sherrod said he put them in a rented storage locker because every time he found space in a county building, someone claimed the spot and made him move.

The computers — worth thousands of dollars — might have gone forgotten if not for Sherrod’s assistant.

Investigative records show Sherrod groaned when detectives first confronted him about the storage lockers full of computers they “discovered.”

“It’s not like you’ve uncovered some kind of grandiose secret,” Sherrod told the detectives. “That was just part of doing business.”

http://liarcatchers.com/employee_investigations.html

  • Facebook
  • Twitter
  • Delicious
  • Digg
  • StumbleUpon
  • Add to favorites
  • Email
  • RSS
  • LinkedIn
Posted in Private Investigation | Tagged | Comments Off on Employee put $2 million on Sarasota County card