Monday, August 2, 2010

White Trash, South Carolina

The Independent Mail (Anderson, SC) reports on the Easley, South Carolina couple arrested for neglect and endangerment of their children.   This is local reporter Rick Spruill's account:

"A man and woman from Easley have been arrested and charged with child neglect after police officers found five children living in a darkened home together with 19 dogs, no food and no working lights.

Arrest warrants for Angela Michelle Wardlaw and Robert Allen Henderson Jr., both of 518 Hunts Bridge Road in Easley, charge each with five counts of child neglect.  According to the Pickens County summary court warrants, officers went to the home on July 17 to serve an arrest warrant on an unrelated charge.

The officers said they found five children between the ages of 4 and 14, unattended, in the home together with 19 dogs.

They said four of the dogs were 'unresponsive.'  The home, whose lights were not working, was littered with dog feces, the toilets were filled with human excrement and the children were 'unbathed' and had no food, according to the warrants. Wardlaw, 32, is the biological mother of all five children and Henderson, 30, is the biological father of three of the children, according to the warrants. The Department of Social Services was notified but it is not known where the children were placed.

Wardlaw and Henderson were taken to the Pickens County Detention Center. Bond was set for both at $15,000. They remained in [detention.]"

White Trash, Georgia

The Augusta Chronicle reports on the efforts to provide adoption services for the Long children who were taken from a Burke County (Georgia) shack.  This story is the second one this week to catch my attention.  The picture is of the "father" Jeremy Long (pic).  This is reporter Sandy Hodson's account:

"The 10 children found living in a Burke County shack without food or utilities have begun new lives.


The court denied petitions filed by attorneys for Christine Long and a child advocate guardian to appeal the termination of the Longs' parental rights. Although the Burke County Juvenile Court records remained sealed, the fate of the minor children of Jeremy and Christine Long has been revealed in a single-sentence ruling by the Court of Appeals of Georgia.

On July 17, the court denied petitions filed by attorneys for Christine Long and a child advocate guardian to appeal the termination of the Longs' parental rights. The termination of parental rights means the children are now [available] for adoption.

Earlier this year, the Juvenile Court judge appointed to handle the Long case rejected an attempt by The Augusta Chronicle to cover the court proceedings, and closed the hearings to the public.

The Longs' minor children, who ranged in age from 1 to 17, were taken into protective custody July 31, 2008, when they were discovered by law enforcement deputies. According to police reports, there was no food or water in the home. None of the children had ever been to school or seen a dentist or doctor. The younger children had never worn shoes or ridden in a car. Several needed extensive medical care.

Jeremy and Christine Long were indicted on criminal charges of cruelty to children in the second degree and failure to provide an education. Jeremy Long pleaded guilty in June 2009 and was sentenced to three years in prison, followed by 10 years on probation.

Christine Long pleaded guilty July 31, 2009, and was sentenced to two years in jail and 16 years on probation. She is serving the jail time by spending every other weekend in the Burke County jail. The Court of Appeals can be asked to reconsider its denial. If the court doesn't change its stand, Christine Long can ask the Georgia Supreme Court for permission to appeal, a request that is not often granted. The Longs' divorce case is pending in Burke County Superior Court. Christine Long filed for divorce in February 2009."
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These horror stories of children living in neglect and filth break my heart and fill me with dread for the life prospects of the children.  While my family upbringing was marginally better than this, I can attest to a legacy of pain and suffering stemming from poverty and deprivation especially of proper health care.  My father, a child molester, used violence and manipulation to enable his molestation of my sisters and the other young girls who visited our house over time.  The offspring of these families are no better off than the orphans of third world countries.

NASCAR Driver, Tax Cheat

According to a report at the Richmond Times-Dispatch  ex-NASCAR champ Tommy Ellis and wife are going to jail for tax fraud.  

Ellis, a two-time Busch series champ ran a couple of "Buzz Thru" car washes with his wife.  After the Ellis' put the operations up for sale they were contacted by an undercover IRS agent. Pretending to be interested in the purchase of the car washes, the agent was able to obtain evidence from Ellis who bragged that the washes generated alot more cash than they were reporting to the IRS.

The couple was actively hiding cash earned by maintaining two sets of books which Tommy Ellis showed the agent.  His wife was actively involved in creating the accounting records.

The motivation appears to have been to maintain a measure of luxury beyong any reasonable expectation of necessity or debt.  As Ellis said in Court, there was "no reason" for the crime. 

Public Shaming of Professionals in Minnesota


The usually excellent, Minneapolis Star Tribune has a "whistle-blower" section where it is reported (by reporter Jane Friedman) that the following professional licenses were suspended for non-payment of tax obligations apparently due the state:

"The licenses of the following individuals were suspended or revoked in June or July after the state said they were delinquent on their taxes.  A licensing board requires a tax clearance certificate from the Minnesota Department of Revenue before reinstating licenses.

• Robin Lee Booren, veterinarian, Marine on St. Croix

• Marilyn E. Vigil, social worker, St. Paul

• Jenise L. Teske, respiratory therapist, Mounds View

• Thomas W. Hennessey, physician, North Oaks

• Victor Lazaron, physician, Intervale, N.H.

• Robert Estes, first responder, St. Paul

• David Nalls, first responder, Long Lake

• Kevin Holmstrom, professional engineer, Cottage Grove"
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This caught my eye for obvious reasons.  I believe it is only proper and correct that you report and pay your taxes.  Here are the problems that I have with this report.
 
In most instances to become a "professional" you undertake a long, expensive , and, yes, taxing odyssey.  As a professional you may operate a business, you may attempt to employ others, and by definition you provide extraordinary services to others that require specialized knowledge and expertise that in most instances you are required to keep current.  While you are doing these things you don't make enough money to pay your tax bill the state suspends your license--making it impossible to pay your bills!  Not only that, because your business outcomes--that are separate and apart from your professional education, training, caring, and provision of services--are such that you can't afford to pay your tax bills, we are going to deprive our community of your skills.  So you're screwed, the community is screwed, oh--and the local newspaper is going to further your shame and embarrassment by publishing your name under the "whistle blower" section.   NICE!
 
Look, I have a dog in this fight--I was a horrible businessman.  Do not do what I did, get help.  My lack of business savvy, and inattention to my reporting and payment of taxes was far more egregious than what is reflected in this news report and I well-deserve my consequences.  But what has me riled, here, is the public shaming of professionals whose only apparent offense was failure to remain current on state of Minnesota tax obligations.  Congratulations Minnesota on losing health care providers. a social worker, and an engineer; and, good work Star-Trib for marching them through the streets like so many corrupt Chinese public officials.

White Trash Horror Story


The patriarch of the West Charleston, West Virgina Mallo family was sentenced to prison as one of the "responsible" adults overseeing what a Kanawah Circuit Judge deemed the filthiest and most degrading living situation, he, the Judge, has encountered. This is Cheryl Caswell's account for the Daily Mail:

"A Kanawha Circuit judge has sentenced the oldest of the Mallo family to one to three years in prison for ignoring the filthy and abusive environment of his home, saying he hopes he serves the maximum time.

Alexander Mallo, 68, who also uses the last name Doran, already has been incarcerated for 404 days and could come before a parole board to consider his release soon.  Judge Charles King denied a request by Mallo's public defender Shawn Bayliss for probation, saying the public good demanded a prison sentence.

'Anything less than a prison sentence is out of order given the facts and circumstances of this case,' King said. "I don't know if I've ever seen a home like this, ever. 'These conditions and the conduct that was going on ... there's no excuse. None. None. None,' said King.

The man lived in a house on Frame Street with several family members including grandchildren. One of them, 14-year-old Thomas Mallo, stabbed 82-year-old neighbor Phyllis Phares to death a year ago. Police called it one of the most disturbing crimes they'd ever investigated.

The juvenile, prosecuted as an adult, will be sentenced for that murder Wednesday by Circuit Judge Carrie Webster.  The investigation of Phares' death revealed the Mallo home as a nightmarish place of extreme unsanitary conditions and child neglect that included sexual crimes. Five adults and the juvenile were prosecuted.

Bayliss said, 'The home has been documented as a filthy, vile place'  that revealed 'a life out of control not only for a grandfather but for an entire family. .. torn apart, separated, isolated, incarcerated.' He asked for mercy for Mallo.  King declined, saying he didn't want the county probation department to handle him.

'They've already put enough time in on this family,' the judge said. 'Let the parole department supervise him. But I hope he serves every day of his three-year sentence.'

Prosecutor Mark Plants said he was satisfied with King's sentence. 'We wanted a prison sentence and I think it's justified in this case,' Plants said. 'Yes, the house was deplorable, but the real problem was the kids in the home being abused.  One of the main moral obligations we have on this planet is taking care of our children,' Plants said. 'And if you don't do it, you should be prosecuted and you should be in jail.'

Mallo told King he was sorry for overlooking what was happening in his house.

'I'd like to get back to my wife, to get our life back together,' the elder Mallo told King. 'I should be more in touch with what's going on in my house.'  He and his wife, Carolyn Mallo, were charged with child neglect. She was sentenced to ten months in jail and was released in April having served most of that time already. She attended the hearing Tuesday along with other Mallo family members.

One of them expressed outrage that reporters were writing about the hearing and taking pictures of her in the courtroom. As Mallo was led out by a bailiff, she strode over to a television cameraman and called him 'rude' because he filmed her crying. She also told a newspaper reporter she didn't want anything written about the sentencing."
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There's YouTube video footage of what the investigators found in this house of horrors.  I don't recommend watching it.  I've seen this sort of horror with my own eyes in my own lifetime within my own extended family. I am deeply disturbed by the long term consequences for the children and grandchildren raised in this feral setting.

Children deserve to be loved and cared for, this is the antithesis.  It's not lost on me that the adults convicted in these horrors were themselves products of not much better, cycle upon cycle, degradation upon degradation.  By the grace of God may the circle of crime against this family's children end in this generation.  The thing is--who is to know.  What system to we have to follow these children into their adult lives, and then the lives of their children?

Sunday, August 1, 2010

Dick Move: Lawyer Outing Transgendered Former Client

The following story is courtesy of the Houston Press, and reporter Craig Malisow:

The case of whether a fallen Wharton firefighter's benefits should go to his transgender widow (pic, left) just gets exponentially weirder: Frank Mann (pic, below), the lawyer representing Thomas Araguz's ex-wife, is facing investigation by the State Bar of Texas's disciplinary office for a possible ethics violation related to an e-mail he sent 'outing' the widow, Nikki Araguz, during her mayoral campaign.

Mann represented Araguz and her first husband in a 2002 bankruptcy case. Earlier this year, he represented Heather Delgado, Thomas Araguz's ex-wife, in a bitter custody dispute, and is now representing her in a motion to void Nikki's and Thomas' 2008 marriage. In an April deposition of Nikki Araguz, Mann got her to admit that she was born Justin Graham Purdue; he also asked about her medical history. Mann then used the information in a May 6 e-mail titled 'Public Information on Nikki Araguz who is running for Mayor of Wharton, Texas.'

He would not say how many people he sent the e-mail to, but it became public during Araguz's race for Wharton mayor this spring  Mann's e-mail kicks off with 'Occasionally you get a case that makes the papers or Jerry Springer,' and just gets classier from there.  '..I am sending this to you because you are a friend of mine and the deposition is public knowledge. I think the citizens of Wharton Texas should know this information....Nikki Purdue Araguz is the stepmother in a case of mine and she gave testimony that she is a transgender. She is a he. Her birth certificate states that she is male. She has multiple felony convictions in Harris County...and is on probation in Wharton County for possession of a controlled substance.'
That bit in ellipses? That's where he disclosed a portion of her medical history.
Mann signed off with, 'If you would like to discuss this with me, call me on my cell...' (You can see more discussion on this e-mail on the YouTube page of Cristan Williams, executive director of the Transgender Foundation of America).

Nikki Araguz filed a complaint with the State Bar of Texas. It appears the complaint was initially dismissed, but that on June 29 the Board of Disciplinary Appeals granted Araguz's appeal and issued her a letter stating it would "return the case to the Office of the Chief Disciplinary Counsel for investigation and a determination whether there is just cause to believe that the attorney has committed professional misconduct." The Board's letter indicates that the investigation would center on rules 1.05 and 1.06 of the Texas Disciplinary Rules of Professional Conduct, which deal with client confidentiality and conflict of interest. (The paperwork indicates that Mann has 30 days to respond to Araguz's complaint before an investigation would begin).

It's not Mann's first dance with the Office of Disciplinary Counsel: in 1990, Mann agreed to a fully probated 36-month suspension for 'misrepresentations of fact concerning the dates of his hospitalization for alcohol and substance abuse in an affidavit offered in support of a motion to retain.' (The suspension was stayed; he was allowed to actively practice, but was placed on probation.) The Office of Disciplinary Counsel also ruled that, in one case, Mann 'assigned away 100 percent of any attorney's fees' and then 'intervened in the pending lawsuit, claiming an interest in attorney's fees.' In 1997, Mann was suspended for five and a half years and was not eligible to practice for the first 36 months. In that case, among other things, the Counsel found that Mann's paralegal 'affixed [a] client's signature from a prior document to a proposed modification, without the client's consent.' Mann wasn't in the office at the time, but he was 'responsible for supervision and instruction of his staff and for ensuring that his staff follows the law and the Texas Disciplinary Rules of Professional Conduct.'

Mann [claims] that all of the information in his May 6 e-mail was gleaned from the deposition, and not from his earlier representation of Araguz and her first husband. He said all the information was public and he was only releasing it because the people of Wharton had the right to know about a mayoral candidate's criminal record. (Although Mann told us he was more concerned about Araguz's drug and theft convictions and not her sexual identity, the e-mail itself indicates otherwise.)

We're not clear on what a person's medical history has to do with running for mayor in a town of 10,000. We're also not clear why Mann felt obligated to share this information. Lastly, we wonder if he regularly e-mails his pals about shit that comes up in depositions and invites people to call him on his cell for more gossip.

'I think that people needed to know information about her background of felony convictions for theft....the people in Wharton, Texas, did not know anything about her background,' Mann said.  He also said that, when he represented Nikki Araguz in the 2002 bankruptcy, he did not know anything about her sexual identity and only focused on financial matters. 'I was informed from my client, Heather Delgado, about rumors about Nikki,'  Mann said"
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This is simply said, the story of a lawyer lacking the character and fitness to be a lawyer in most states lets say--other than Texas.  Frank Mann took sensational information about a former client and used it against her in a matter clearly presenting the sort of conflict of interest where under any normal circumstance he should have declined representation.  Then Mann disclosed confidential information obtained against the former client to torpedo her campaign for public office.

This guy is a menace and a disgrace.  Of course, this is also Texas where the Clerk's office doesn't remain open to stay the execution of someone needin' executin' or where an inmate who spends 27 years behind bars for a crime he didn't commit, might just spend another day or two if he gets a little rowdy when the deputies clamp cuffs and leg irons on him while they walk him into the courtroom to be released.  The Republic of Texas is a wondrous place . . . it ain't Kansas, Toto.

The Mattress Tag Police, Yes They Do Exist!


That's right folks, your worst nightmare, the Mattress Tag police do exist, according to the LATimes, where we will now turn for this slightly (dated and) lumpy story:

"The mattress tag police, whose job it is to keep tabs on the ubiquitous 'Do Not Remove Under Penalty of Law' tags attached to furniture and bedding, do not carry weapons, other than a pen and a fistful of violation notices.  But these state inspectors from the Bureau of Home Furnishings do have police powers and are expected to have law enforcement backgrounds.

When they find a product in a shop or factory that has no tag--or one that they suspect contains materials different from those listed on the tag--they confiscate a sample and ship it to their home office in an industrial park on the outskirts of Sacramento.

Three of the bureau's five inspectors are assigned to cover Southern California, from Inyo County to the Mexican border. Fifteen years ago, seven inspectors policed the same territory, although they also were responsible for monitoring barbers, tax preparers, cosmetologists and dry cleaners.

They are a low-profile crew unknown to even some furniture retailers. 'They look at you and say, 'You're from where? Are you sure we're not on Candid Camera?'  said inspector Joann Johnson. They drive unmarked vans. One inspector, Craig E. Gephart, a tough-talking former prison guard, refuses to pose for photos that would allow manufacturers and retailers to identify him.

'We do some undercover work,' he explained.

The pride of the bureau is its state-of-the-art, 20,000 square-foot Sacramento laboratory. Experts term it the most comprehensive testing facility of its kind in the nation. To a layman, the lab is like a mad scientist's dream. In one room, a woman in a white lab coat separates feathers from down to determine whether the 'Do Not Remove' tag on a pricey quilt properly states the relative percentages of each substance.

Down the hall is the Cornell mattress pounder, a massive machine designed to test the durability and resiliency of bedding. The pounder, which bureau chief Gordon H. Damant says is used sparingly, simulates a decade of mattress use in two hours by slamming two rump-shaped bowling balls into a bedding sample thousands of times.

In other rooms, technicians go about the task considered their top priority, setting sofas, chairs, mattresses and futons afire to determine whether they meet state ignition safety standards.

The flammability lab is the first stop for rebuilt mattresses.

A technician places the bedding on a metal operating table and places nine lit king-sized unfiltered cigarettes on the edges and center of the test subject. For 30 minutes, the technician watches for signs of smoldering. The mattress is then flipped and the procedure is repeated.

Most mattresses pass the fire test.  The preponderance of rebuilt mattress violations are discovered when the bedding is eventually cut open to study the inner contents. Most frequently, staff chemists determine that the materials listed on the tags are not those found inside or that the mattresses have not been properly sterilized."

Legendary Pittsburgh IRS Agent Retires

The Pittsburgh Post-Gazette had an interesting profile of a legendary local IRS agent involved in a storied career, this is Torsten Ove's superb profile:

"Ed Reiser (pic) spent 30 years taking down the Pittsburgh Mafia, dismantling international drug rings and putting away other assorted criminals, but he never fired his gun or wrestled a suspect to the floor. His was the world of subpoenaed bank records, currency transaction reports and tax returns, all processed and organized with one goal in mind: Follow the money.  That's what IRS agents do, and those who worked with him -- and in some cases against him -- consider him among the best in the country.

'He's one of those agents who crosses the line into legendary status,' said Assistant U.S. Attorney Bruce Teitelbaum, who prosecuted the Mafia here in 1990.  Mr. Reiser, 56, of Burgettstown, retired last month as a special agent in the criminal division of the Internal Revenue Service, and last week the federal law enforcement community held a roast of sorts for him at a Moon hotel.

After ribbing him about his sartorial deficiencies (his too-short neckties), his slightly nerdy choice of location for a first date with his future wife (Fort Necessity) and his less-than-enthusiastic embrace of his job's fitness requirements (he has a soft spot for ice cream), his colleagues honored him for his expertise in piecing together the financial trails that make or break big-time cases.

'If ever there was a cause for celebration within the criminal element in the Western District of Pennsylvania, it was the day Ed Reiser retired,' said Mike Ivory, a federal prosecutor who worked with Mr. Reiser on interstate drug cases. 'If there is evidence out there, Ed will find it.'

Federal agents have to retire by age 57. The idea is to keep the workforce vital, but it's tough on those who love the job.

A laid-back sort quick to laugh, he belies the stereotype of the chiseled, two-fisted federal agent made popular by Hollywood. He was less likely to nail a suspect with a right cross than with a receipt for that Grand Cayman trip taken four years ago to squirrel away money.

'If you ever wrote a check or ever made a purchase, he could find it and prove it,' said Roger Greenbank, a retired FBI agent who teamed up with Mr. Reiser against the Mafia.  'If you're working a good case, it's not tedious,' Mr. Reiser said. 'It's like a big puzzle.'

He's taught agents how to build those puzzles at the Federal Law Enforcement Training Center in Georgia. Techniques he helped pioneer in the 1980s, after the federal government created the Organized Crime and Drug Enforcement Task Force program, have become routine on large drug cases.

He inspires near-universal admiration. When Mr. Teitelbaum fielded a call last week from a mobster in the federal Witness Protection Program, the man made a point to ask about Mr. Reiser. 'Even the bad guys respected him,' Mr. Teitelbaum said. At the end of the mob trial in 1990, Melvin Schwartz, lawyer for underboss Charles Porter, blasted everyone on the government team as corrupt -- except Mr. Reiser, whom he called the 'only honest' agent. For his part, Mr. Reiser never let anyone get under his skin, the secret to his success as an interviewer and a trial witness. A self-described 'Type B'  personality, he's a contrast to most agents who fall squarely in the Type A category.

Despite the fact that some of his targets were 'despicable people,'  he said he never felt animus toward them. 'I've never had a case where there's been a real, deep personal hatred. The mob says it best: 'It's just business.'

Mr. Reiser grew up shy and quiet in Coraopolis and Moon. His dad was a steelworker, his mom a waitress. He graduated from Coraopolis High School in 1971. Good at math, he attended Robert Morris College for an accounting degree while working full time at various jobs, including a Shop'n Save where his future wife, Leslie, was a cashier.

He graduated in 1975 and applied to the federal government for a job, but in the meantime decided to explore the West. He drove to Montana, Wyoming and the Dakotas, sleeping in a pup tent.

When he called home, he learned that the IRS wanted to interview him in Des Moines for a job as a revenue agent investigating civil cases. He called the office to set up an appointment, then bought a shirt and tie to go with his beat-up corduroy jacket. At the Des Moines office, the branch chief met him in the lobby. Mr. Reiser found out later that the man told the interview panel that the interview would be short because 'you should see how this Reiser guy is dressed.'

But Mr. Reiser explained that he was on a solo camping trip and his outfit was the best he could do. The interviewers ended up talking to him for an hour about the trip, impressed by his independence. He spent 15 months there before returning to Pittsburgh as a special agent investigating criminal cases. His first station post was Sharon, where he investigated a kickback scheme at Crucible Steel in Midland.

While most people think the IRS just collects taxes, the agency investigates any case in which criminals launder illegal proceeds. Like the FBI, agents carry guns and make arrests. But in the media, the IRS has always played second fiddle to the FBI. It's a sore point, but Mr. Reiser jokes about it.  Even his own family has been occasionally confused. When his daughter was in grade school, her class had to explain what their dads did for a living. 'When it was her turn, she said, 'He works for the FBI,' ' he laughed.

Like any IRS agent, Mr. Reiser worked tax cases, including one against Solomon & Teslovich, a Uniontown trucking firm that ducked paying millions in corporate taxes.

'There were over 300 grand jury subpoenas,' recalled retired IRS Agent Joe Lawlor. 'Eddie was like our computer. He had all these index cards, everything cross-referenced. He was absolutely amazing.'

The 1980s was the cocaine decade, and one of Mr. Reiser's biggest cases involved the Mafia's attempt to control its distribution. Agents chipped away at the Pittsburgh family, eventually developing La Cosa Nostra member Joe Rosa as a star witness. But Mr. Reiser and Mr. Greenbank needed to corroborate what he told them about drug deals by Mr. Porter and the mob's other underboss, Lou Raucci.

That process was painstaking. In one instance, Mr. Rosa recalled meeting a man he knew as "Buddy" in a courtyard of an apartment complex near a Florida intersection. Mr. Reiser, Mr. Greenbank and another agent flew to Florida and at first couldn't find the place. Finally they drove a few hundred yards up one of the streets and saw the courtyard, just as Mr. Rosa described. They asked the building manager if he knew a man that fit Buddy's description, without using the nickname. When the manager produced his rental file, Mr. Greenbank saw handwritten notes referring to 'Buddy' next to one of the renter's names. 'Buddy,' they learned, was Irwin Levie -- the Pittsburgh mob's chief cocaine source.

Mr. Reiser proved an asset in court because of his organizational ability. In one instance, a lawyer argued that the money a drug dealer used to buy a Penn Hills office building could have come from his mother, not from drugs. Mr. Reiser said it was not possible. When the lawyer asked why, Mr. Reiser immediately recited the woman's precise income, in the low $20,000s. Then he asked to review his records. He pulled out her tax return, adding: 'And 57 cents.'

In the end, 40 people went to prison and the local Mafia was crippled, although agents never developed enough evidence to prosecute the reputed godfather, the late Michael Genovese of West Deer. 'He was so secretive that even his lieutenants didn't know what he was doing,' Mr. Reiser said.

In later years, Mr. Reiser helped build the Rincon Indian casino case, in which the Pittsburgh Mafia's Youngstown branch tried to take over the reservation's casino near San Diego. These days, however, La Cosa Nostra is all but dead in Pittsburgh.  'I think the era of the old-fashioned Mafia has gone the way of the dinosaur,'  Mr. Reiser said.

But there are other kinds of organized crime. This decade, he tracked the money trail of Stefan Stricker, a cage fighter from the Netherlands who supplied a network that shipped Ecstasy into the United States and Canada behind the glass of tabletop cosmetic mirrors.

The pills ended up sold to students at Indiana University of Pennsylvania, Penn State and other college campuses. Part of the case also involved members of a Russian organized crime group from New York who were using a Strip District club to distribute the drug.

Mr. Reiser had a personal connection to the investigation, although he didn't immediately know it. During a 2001 debriefing with a defendant, Eric Osselborn, Mr. Osselborn kept staring at Mr. Reiser and Drug Enforcement Administration Agent Brett Pritts. 'He kept looking at us, saying he knew us,' recalled Agent Pritts, now a supervisor. 'Finally he said to Ed, 'You were my teacher.'

 Mr. Reiser had taught Mr. Osselborn in his class on financial investigations at IUP. Agent Pritts and his roommate, now a DEA agent in Chicago, were in the same class.  Agent Pritts said he was impressed by the evidence Mr. Reiser assembled in the Ecstasy cases.

'He would come to our meetings with these huge spreadsheets that were so detailed and made the case easy to understand,' he said. 'If you're a defendant sitting at the table and you hear the name Ed Reiser, you know you're done.'

While Mr. Reiser was most comfortable digging through records, he did participate in dangerous arrests. While working on the last case of his career, a California-to-Pittsburgh drug ring, he heard shots for the first time when a suspect opened fire during a February raid in Oakland, Calif. Mr. Reiser came home unscathed. He can't talk about that ongoing investigation, but those who know him say it's typical that he was working hard up until the end. 'When the general public thinks of IRS agents, they think of Eliott Ness,' Mr. Ivory said. 'I think of Ed Reiser.'"
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You'd think with my accounts of bad lawyers and worst law enforcement you'd not find this sort of profile on Bad Lawyer, but some stories are just too interesting to ignore and deserve wider attention for the light they cast on the workings of the justice system.  Agent Reiser is the antithesis of the Bad Cops I usually feature, here, he's the sort of gentleman who breeds respect for the rule of law.  The terrific profile by Torsten Ove should give you a sense of what's involved in the war on crime at the agent level.

25 Years in Federal Penitentiary for Pill Mill Doc

The LATimes.com is reporting on the 25 year prison sentence handed down to former LA pill mill doctor, Mansoud Bamdad.  The eye-popping sentence reflects the Judge's reaction to the sheer scale of this physician's crimes.  He was in short a major drug dealer.  Reporter Lisa Girion's story follows:

A former San Fernando physician convicted of improperly prescribing powerful painkillers to drug addicts and undercover drug agents was sentenced Thursday to 25 years in prison and ordered to pay a $1-million fine. The sentence was justified by the scope of Masoud Bamdad's 'pill mill,' the seriousness of his illicit prescribing and his apparent lack of remorse, U.S. District Court Judge George Wu told the court.

Wu cited the prosecution's report that for three years running — including 2008, the year of his arrest —Bamdad ranked among the state's highest prescribers of oxycodone, a powerful narcotic popularly known as 'synthetic heroin.' The volume of his prescriptions exceeded that of many hospitals and pain management clinics, Wu said.

'The offense that was involved here is extremely serious,' Wu said. 'The amount of drug distributed sort of boggles the mind. And it was not victimless.'

A jury convicted Bamdad, 56, in May of 13 counts of illegal drug distribution. Prosecutors portrayed Bamdad as a common drug dealer who sold prescriptions for dangerous drugs to addicts — including teenagers — and others for cash.

The practice netted his Maclay Avenue clinic about $30,000 a week, or $1.5 million a year, authorities said. Prosecutors said Bamdad was motivated by greed, adding that he lived in a Granada Hills mansion, owned several luxury cars and funneled millions of dollars to his native Iran by making cash runs to banks in Mexico.

The prosecutors portrayed Bamdad as the leader of a long-running criminal enterprise that began in 2006 after the physician was convicted of insurance fraud and his cosmetic surgery business sagged. They said that scheme included street dealers who recruited and drove homeless people from San Diego to pose as pain patients.

Jurors deadlocked on an allegation that Bamdad was responsible for the overdose death of 23-year-old patient Alex Clyburn. But Wu allowed Clyburn's parents to testify at the daylong sentencing hearing and considered the doctor's role in prescribing the drugs involved as a factor in the sentence. Bamdad 'was a significant contributor in the death of my son,' Ronald Clyburn told the court.

The sentence was less than the 40 years and $2-million fine sought by prosecutors but far more than the home confinement Bamdad had sought.

The hearing was marked by outbursts from Bamdad, who openly quarreled with Michael Brush, the latest in a series of lawyers hired by Bamdad. At the start of the hearing, the physician threatened to fire Brush and complained to the judge about the performance of the lawyer who represented him at trial.

Brush openly reprimanded his client for speaking directly to the judge and repeatedly told him to keep quiet and let him do his job. Wearing a dingy white jail suit and handcuffs tethered to a waist chain, Bamdad fumbled at the defense table with piles of papers — research he had conducted into an obscure writ that the judge denied, as well as into U.S. sentencing laws — and repeatedly demanded to speak.

When his turn came to address Wu, Bamdad ignored his lawyer's audible plea to apologize and launched into a rambling, half-hour diatribe against prosecutors, the U.S. Drug Enforcement Agency, the expert physician witness who testified against him, and even some of his patients and their families.

After about 25 minutes, Wu gave him five minutes to wrap up. Bamdad turned to the speech his lawyer urged him to read. 'I hope and pray,' he concluded through tears, 'that you agree with me that justice is not served by denying me the opportunity to spend the closing chapter of my life with those I love,' Bamdad said, referring to his wife and three daughters who sat in the front row.
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When you read local news websites you see lots of this sort of thing, including arrests of individuals in possession of massive quantities of pain killers valued at amounts that make sense on a scale of let's say the national debt. 

Being a recovering alcoholic and having been in active recovery throughout the 1980s and into the early part of the last decade I'm still a little amazed.  I mean I hear people talk about these addictions, and I see evidence of this sort of thing in the "drug screens" of workers' compensation claims--but, it's not until you come across an account like this that you see how it is and why it is that these addictions occur. 

Many years ago the sleazy ambulance chasers that I began my bad lawyering career with utilized a couple of "whore doctors" that were so dubious that rumors would occasionally swirl about this one or that one being prosecuted for "medicare or medicaid" fraud.  One of the docs, a guy I liked and who I got to know and actually had an ongoing dialogue about a anesthesiology malpractice claim I was handling, --was arrested and subsequently convicted of involuntary manslaughter relating to the death of two industrial clinic patients.   That case involved a DEA documented situation involving a patient whose pill intake accelerated to an unblievable level in an impossibly short period of time. 

Mo. Lawyer Mows Down Local Man, Keeps on Going

According a report at the Springfield (Missouri) News-Leader:

An attorney from Mexico, Mo., is facing two charges in the hit-and-run death of man who was on a lawn mower. Mexico Public Safety Assistant Director Brice Mesko says James A. Clampitt was arrested Friday on charges of first-degree involuntary manslaughter and leaving the scene of an accident [on a Audrain County arrest warrant.]

The arrest came after a driver of an SUV hit and killed Richard Cobb on June 13.  Clampitt told KXEO radio earlier this year that he was driving the vehicle but said he was unaware until the next day that his vehicle had been involved in an accident.

Clampitt is free on a $100,000 personal bond.
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One can probably safely assume that the victim, Mr. Cobb, was not mowing at night, so one naturally wonders how it is that Mr. Clampitt will explain the concept of not knowing he killed Mr. Cobb who was astride a riding mower.  The further mystery is how it is that the radio station KXEO knew to ask Clampitt about the MVA (motor vehicle accident) and yet it took the local constabulary 6 weeks to get around to arresting the attorney?. 

I suspect that Mr. Clampitt was liquored-up (or in some other sort of altered state) when this killing occurred; and, that lawyer, Clampitt,  made the strategic legal decision that it was better not to report the accident, contemporaneously, for fear of what his blood tests would reveal.  We shall see.