"The accomplice to the crime of corruption is often our own indifference."
-- Bess Myerson, former consumer protection regulator and Miss America
"The more corrupt the state, the more laws."
-- Publius Cornelius Tacitus
"We are corrupted by prosperity."
-- Publius Cornelius Tacitus
“It’s a sad day when you have members of Congress who are literally criminals go undisciplined by their colleagues. No wonder people look at Washington and know this city is broken.”
--- Senator John Forbes Kerry
“It’s a sorry statement about how broken Washington is that we could not take advantage of this unique and sad moment in history and enact serious lobbying reform. We owed it to the people who sent us to Washington to root out corruption, and the Senate turned its back on a golden opportunity today.”
--- Senator John Forbes Kerry
Friday, March 06, 2009
Parliament of Whores -- What Did JOHN LUIGI MICA Know and When Did He Know It?
The top policy official for the House Transportation Committee under the Republicans is indicted on three felony counts. See below.
What did Republican JOHN LUIGI MICA know and when did he know it? MICA was number two or three in seniority during the period covered by the indictment.
Is Republican Reprobate MICA on the take, too? What are the chances any of Florida's dumbed-down Repug-thug tatterdemalion daily newspapers will actually cover this story and its logical implications?
What do you rekcon?
USDOJ Press Release: Former Staff Member in U.S. House of Representatives Indicted on Corruption Charges
FOR IMMEDIATE RELEASE
FRIDAY, MARCH 6, 2009
WWW.USDOJ.GOV TDD
CRM
(202) 514-2008
(202) 514-1888
Former Staff Member in U.S. House of Representatives Indicted on Corruption Charges
WASHINGTON—A grand jury in the District of Columbia returned a three-count indictment today charging a former staff member in the U.S. House of Representatives with corruption offenses, Acting Assistant Attorney General Rita M. Glavin of the Criminal Division announced. Fraser C. Verrusio, 39, was charged by the grand jury with conspiring to accept an illegal gratuity, accepting an illegal gratuity, and making a false statement in failing to report his receipt of gifts from a lobbyist and the lobbyist’s client on his 2003 financial disclosure form.
According to the indictment, during the relevant times, Verrusio worked as the policy director for the U.S. House of Representatives Committee on Transportation and Infrastructure. The indictment names Todd Boulanger and James Hirni, who were lobbyists working for an equipment rental company interested in inserting three amendments into a Federal Highway Bill, as Verrusio’s co-conspirators. The indictment also names Trevor Blackann, who worked as a legislative assistant to a U.S. senator, as a co-conspirator. According to the indictment, the committee for which Verrusio worked had responsibility for the Federal Highway Bill in the House of Representatives. Similarly, the indictment states that the senator for whom Blackann worked served on a committee with responsibility for the Federal Highway Bill in the Senate.
According to the indictment, in October 2003, Verrusio and Blackann accepted an all-expenses-paid trip to Game One of the 2003 Baseball World Series from Hirni, the equipment rental company that was his client, and a representative of that company. The indictment alleges that Verrusio accepted the trip for and because of his official assistance provided and to be provided to the equipment rental company’s efforts to secure favorable amendments to the Federal Highway Bill.
According to the indictment, the all-expenses-paid trip accepted by Verrusio and Blackann included round-trip commercial airline travel to and from New York City; use of a chauffeured sport utility vehicle for transportation while in New York City; a ticket for each official to Game One of the World Series; a souvenir baseball jersey for each official; as well as lodging, meals, drinks and entertainment at a strip club. The indictment alleges that, while on the trip, Verrusio, Blackann, Hirni and the equipment rental company representative discussed the Federal Highway Bill and the equipment rental company.
The indictment also alleges that federal law required Verrusio to report his receipt of gifts valued at more than $285 per year from a single source on a 2003 annual financial disclosure form. The indictment alleges that Verrusio made a false statement on that form when he certified that the form was, “true, complete and correct,” when in truth and in fact Verrusio knew and believed the form to be incomplete and incorrect in that it did not identify Hirni and the equipment rental company as the source of a reportable gift, did not describe the World Series trip or any of its reportable parts, and did not report the value of the trip or any of its reportable parts.
Blackann, Boulanger and Hirni have all pleaded guilty for their roles. The case is part of the ongoing investigation into the activities of former lobbyist Jack Abramoff and his associates. Eighteen individuals, including lobbyists and public officials, have pleaded guilty or are awaiting trial as a result of the investigation, including Abramoff, who was sentenced in September 2008 to 48 months in prison.
This case is being prosecuted by trial attorneys M. Kendall Day and Peter C. Sprung of the Public Integrity Section, headed by Section Chief William M. Welch II. The investigation is being conducted by the FBI.
An indictment is merely an allegation. Defendants are presumed innocent unless and until proven guilty in a court of law.
FRIDAY, MARCH 6, 2009
WWW.USDOJ.GOV TDD
CRM
(202) 514-2008
(202) 514-1888
Former Staff Member in U.S. House of Representatives Indicted on Corruption Charges
WASHINGTON—A grand jury in the District of Columbia returned a three-count indictment today charging a former staff member in the U.S. House of Representatives with corruption offenses, Acting Assistant Attorney General Rita M. Glavin of the Criminal Division announced. Fraser C. Verrusio, 39, was charged by the grand jury with conspiring to accept an illegal gratuity, accepting an illegal gratuity, and making a false statement in failing to report his receipt of gifts from a lobbyist and the lobbyist’s client on his 2003 financial disclosure form.
According to the indictment, during the relevant times, Verrusio worked as the policy director for the U.S. House of Representatives Committee on Transportation and Infrastructure. The indictment names Todd Boulanger and James Hirni, who were lobbyists working for an equipment rental company interested in inserting three amendments into a Federal Highway Bill, as Verrusio’s co-conspirators. The indictment also names Trevor Blackann, who worked as a legislative assistant to a U.S. senator, as a co-conspirator. According to the indictment, the committee for which Verrusio worked had responsibility for the Federal Highway Bill in the House of Representatives. Similarly, the indictment states that the senator for whom Blackann worked served on a committee with responsibility for the Federal Highway Bill in the Senate.
According to the indictment, in October 2003, Verrusio and Blackann accepted an all-expenses-paid trip to Game One of the 2003 Baseball World Series from Hirni, the equipment rental company that was his client, and a representative of that company. The indictment alleges that Verrusio accepted the trip for and because of his official assistance provided and to be provided to the equipment rental company’s efforts to secure favorable amendments to the Federal Highway Bill.
According to the indictment, the all-expenses-paid trip accepted by Verrusio and Blackann included round-trip commercial airline travel to and from New York City; use of a chauffeured sport utility vehicle for transportation while in New York City; a ticket for each official to Game One of the World Series; a souvenir baseball jersey for each official; as well as lodging, meals, drinks and entertainment at a strip club. The indictment alleges that, while on the trip, Verrusio, Blackann, Hirni and the equipment rental company representative discussed the Federal Highway Bill and the equipment rental company.
The indictment also alleges that federal law required Verrusio to report his receipt of gifts valued at more than $285 per year from a single source on a 2003 annual financial disclosure form. The indictment alleges that Verrusio made a false statement on that form when he certified that the form was, “true, complete and correct,” when in truth and in fact Verrusio knew and believed the form to be incomplete and incorrect in that it did not identify Hirni and the equipment rental company as the source of a reportable gift, did not describe the World Series trip or any of its reportable parts, and did not report the value of the trip or any of its reportable parts.
Blackann, Boulanger and Hirni have all pleaded guilty for their roles. The case is part of the ongoing investigation into the activities of former lobbyist Jack Abramoff and his associates. Eighteen individuals, including lobbyists and public officials, have pleaded guilty or are awaiting trial as a result of the investigation, including Abramoff, who was sentenced in September 2008 to 48 months in prison.
This case is being prosecuted by trial attorneys M. Kendall Day and Peter C. Sprung of the Public Integrity Section, headed by Section Chief William M. Welch II. The investigation is being conducted by the FBI.
An indictment is merely an allegation. Defendants are presumed innocent unless and until proven guilty in a court of law.
USDOJ Press Release: TWO ARIZONANS AND TWO OTHERS INDICTED FOR INVESTMENT FRAUD -- 90-count indictment alleges at least 300 victims invested $8 mil
Office of the United States Attorney
District of Arizona
FOR IMMEDIATE RELEASE For Information Contact Public Affairs
Wednesday, March 4, 2009 SANDY RAYNOR
Telephone: (602) 514-7625
TWO ARIZONANS AND TWO OTHERS INDICTED FOR INVESTMENT FRAUD -- 90-count indictment alleges at least 300 victims invested $8 million during scheme
PHOENIX – A federal grand jury returned a 90-count indictment against operators of Mac Investments, Inc. (MAC.) The recently unsealed indictment charges Jeff Teitelbaum, 41, of Mesa, Ariz.; Maria Gonzalez, 41, of Tempe, Ariz.; Christopher Livanos, 47, of Fraser, Colorado; and William Hoberg, 52, of Seaford, New York, with Conspiracy, Wire and Mail Fraud, as well as Transactional Money Laundering. The indictment alleges that the defendants deceived victims into believing they were investing their money in a cashless ATM business opportunity promoted by the defendants through MAC.
Livanos was arrested without incident today in Fraser, Colorado and will make an appearance there today in federal court. Gonzalez and Hoberg received summonses and will be arraigned on the charges in Phoenix on March 11, 2009 at 10:45 before U.S. Magistrate Judge David K. Duncan. Teitelbaum remains at large. Anyone with information on Teitelbaum’s whereabouts is asked to call the U.S. Postal Inspection Service toll free at 877-876-2455.
The indictment alleges that between March 2003 and January 2005, at least 300 victim investors paid in excess of $8 million to participate in MAC’s cashless ATM business program. The ATMs were purportedly small terminals that would issue a paper receipt for bank account withdrawals. The receipt was to be redeemed for cash at the establishment where the cashless ATM was placed. The defendants marketed the cashless ATMs for approximately $1,500 per unit, claiming victim investors could expect revenues of $1 to $2 per ATM customer transaction. Most victim investors purchased numerous machines, which were to be placed at undisclosed retail locations by the MAC defendants. Victim investors were led to believe the ATM machines would be placed in casinos, fast food restaurants and other retail establishments. The defendants claimed MAC would maintain the machines and administer the payment of revenues generated by the machines to each victim investor.
According to the indictment, the defendants used alias names when dealing with victim investors in the course of MAC business. Teitelbaum used the alias names of “Kevin Polardi,” “Ed Perente,” “Frank Blasetti,” and “Mike Picozzi,” representing himself as holding various positions at MAC, including president, owner, location coordinator, location manager, machine placement field coordinator, and field coordinator. Christopher Livanos used the alias of “Jim Roberts” representing that he held various positions including operations manager, general manager, manager, and owner. William Hoberg used the aliases “Jim Bulino” and “William Gordon” while representing that he was MAC’s operations manager. Maria Gonzalez used the aliases “Maricruz Alvarado” and “Maria Cruz,” representing that she held various positions such as: assistant manager, customer service manager, operations coordinator, and office manager.
In January 2005, the operations of MAC came to an abrupt halt. Victim investors were unable to contact or locate any of MAC’s purported employees or officers and could not locate a single cashless ATM machine supposedly placed in service. During the course of the ensuing investigation, federal investigators discovered that MAC neither acquired nor placed any cashless ATM machines in retail locations, as represented to victim investors. The earnings statements mailed to victim investors and posted on the Web site by the defendants, were fictitious accountings, as no revenues were earned from cashless ATM transactions. Distributions made to victim investors of purported earnings, were nothing more than partial returns of other victim investor funds, in the manner of a Ponzi scheme. Newly acquired funds were partially disbursed to victim investors as a way to continue the fraud and entice additional investments.
A conviction for Mail or Wire Fraud carries a maximum penalty of 20 years in prison, a $250,000 fine or both. A conviction for Money Laundering carries a maximum penalty of 10 years in prison, a $250,000 fine or both. A conviction for Conspiracy carries a maximum penalty of five years in prison, a $250,000 fine or both. In determining an actual sentence, the assigned judge will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. The judge, however, is not bound by those guidelines in determining a sentence.
An indictment is simply the method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
The investigation preceding the indictment was conducted by the U.S. Postal Inspection Service and the Federal Bureau of Investigation. The prosecution is being handled by Peter Sexton, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-09-198-PHX-MHM
RELEASE NUMBER: 2009-070(MAC Investments)
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.usdoj.gov/usao/az/
# # #
District of Arizona
FOR IMMEDIATE RELEASE For Information Contact Public Affairs
Wednesday, March 4, 2009 SANDY RAYNOR
Telephone: (602) 514-7625
TWO ARIZONANS AND TWO OTHERS INDICTED FOR INVESTMENT FRAUD -- 90-count indictment alleges at least 300 victims invested $8 million during scheme
PHOENIX – A federal grand jury returned a 90-count indictment against operators of Mac Investments, Inc. (MAC.) The recently unsealed indictment charges Jeff Teitelbaum, 41, of Mesa, Ariz.; Maria Gonzalez, 41, of Tempe, Ariz.; Christopher Livanos, 47, of Fraser, Colorado; and William Hoberg, 52, of Seaford, New York, with Conspiracy, Wire and Mail Fraud, as well as Transactional Money Laundering. The indictment alleges that the defendants deceived victims into believing they were investing their money in a cashless ATM business opportunity promoted by the defendants through MAC.
Livanos was arrested without incident today in Fraser, Colorado and will make an appearance there today in federal court. Gonzalez and Hoberg received summonses and will be arraigned on the charges in Phoenix on March 11, 2009 at 10:45 before U.S. Magistrate Judge David K. Duncan. Teitelbaum remains at large. Anyone with information on Teitelbaum’s whereabouts is asked to call the U.S. Postal Inspection Service toll free at 877-876-2455.
The indictment alleges that between March 2003 and January 2005, at least 300 victim investors paid in excess of $8 million to participate in MAC’s cashless ATM business program. The ATMs were purportedly small terminals that would issue a paper receipt for bank account withdrawals. The receipt was to be redeemed for cash at the establishment where the cashless ATM was placed. The defendants marketed the cashless ATMs for approximately $1,500 per unit, claiming victim investors could expect revenues of $1 to $2 per ATM customer transaction. Most victim investors purchased numerous machines, which were to be placed at undisclosed retail locations by the MAC defendants. Victim investors were led to believe the ATM machines would be placed in casinos, fast food restaurants and other retail establishments. The defendants claimed MAC would maintain the machines and administer the payment of revenues generated by the machines to each victim investor.
According to the indictment, the defendants used alias names when dealing with victim investors in the course of MAC business. Teitelbaum used the alias names of “Kevin Polardi,” “Ed Perente,” “Frank Blasetti,” and “Mike Picozzi,” representing himself as holding various positions at MAC, including president, owner, location coordinator, location manager, machine placement field coordinator, and field coordinator. Christopher Livanos used the alias of “Jim Roberts” representing that he held various positions including operations manager, general manager, manager, and owner. William Hoberg used the aliases “Jim Bulino” and “William Gordon” while representing that he was MAC’s operations manager. Maria Gonzalez used the aliases “Maricruz Alvarado” and “Maria Cruz,” representing that she held various positions such as: assistant manager, customer service manager, operations coordinator, and office manager.
In January 2005, the operations of MAC came to an abrupt halt. Victim investors were unable to contact or locate any of MAC’s purported employees or officers and could not locate a single cashless ATM machine supposedly placed in service. During the course of the ensuing investigation, federal investigators discovered that MAC neither acquired nor placed any cashless ATM machines in retail locations, as represented to victim investors. The earnings statements mailed to victim investors and posted on the Web site by the defendants, were fictitious accountings, as no revenues were earned from cashless ATM transactions. Distributions made to victim investors of purported earnings, were nothing more than partial returns of other victim investor funds, in the manner of a Ponzi scheme. Newly acquired funds were partially disbursed to victim investors as a way to continue the fraud and entice additional investments.
A conviction for Mail or Wire Fraud carries a maximum penalty of 20 years in prison, a $250,000 fine or both. A conviction for Money Laundering carries a maximum penalty of 10 years in prison, a $250,000 fine or both. A conviction for Conspiracy carries a maximum penalty of five years in prison, a $250,000 fine or both. In determining an actual sentence, the assigned judge will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. The judge, however, is not bound by those guidelines in determining a sentence.
An indictment is simply the method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
The investigation preceding the indictment was conducted by the U.S. Postal Inspection Service and the Federal Bureau of Investigation. The prosecution is being handled by Peter Sexton, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-09-198-PHX-MHM
RELEASE NUMBER: 2009-070(MAC Investments)
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.usdoj.gov/usao/az/
# # #
USDOJ Press Release: FORMER CEO OF KB HOME CHARGED WITH SECURITIES FRAUD IN CONNECTION WITH STOCK-OPTION BACKDATING SCHEME
United States Attorney's Office
Central District of California
Thom Mrozek
Public Affairs Officer
(213) 894-6947
thom.mrozek@usdoj.gov
March 6, 2009
FORMER CEO OF KB HOME CHARGED WITH SECURITIES FRAUD IN CONNECTION WITH STOCK-OPTION BACKDATING SCHEME
LOS ANGELES – A former CEO and chairman of the board of KB Home was named today in a 20-count indictment that charges him in a scheme to defraud KB and its shareholders by awarding himself and other KB executives millions of dollars in undisclosed stock-based compensation in connection with the backdating of stock options over a seven-year period.
Bruce E. Karatz, 63, of Bel Air Estates, was charged with seven counts of mail fraud, five counts of wire, three counts of securities fraud, four counts of making false statements in reports filed with the Securities and Exchange Commission, and one count of lying to KB’s accountants.
This scheme alleged in the indictment involves Karatz’s use of hindsight pricing to inflate the value of stock options granted to him and other KB executives, as well as Karatz’s ongoing concealment of this practice from KB’s board of directors, Compensation Committee and shareholders. Furthermore, the indictment alleges, when an internal investigation into stock-option backdating was initiated at KB in May 2006, Karatz falsely denied his orchestration of the stock-option backdating scheme and caused a false report of KB’s historical option-granting practices to be submitted to KB’s Audit Committee and outside auditor, which impeded the timely and accurate disclosure of this matter in filings with the Securities and Exchange Commission.
In a related case, a former senior vice president of KB and head of Human Resources, Gary A. Ray, pleaded guilty on February 6 to conspiring with Karatz to obstruct justice. By pleading guilty, Ray admitted that he and Karatz collaborated in causing a false and misleading report on KB’s historical option-granting practices to be submitted to KB’s Audit Committee and other KB managers for the purpose of warding off a contemplated SEC probe into backdating at KB (see: http://www.usdoj.gov/usao/cac/pressroom/pr2008/154.html).
According to the indictment returned this afternoon by a federal grand jury in Los Angeles, Karatz engaged in a fraudulent scheme to disguise and conceal from KB and its shareholders the nature and value of stock-based compensation KB was actually awarding to Karatz and other KB executives through its stock-option granting practices. Karatz allegedly caused below-market exercise prices to be selected for stock options granted to him and other KB executives by using hindsight to backdate the grant date of these options to the date with the lowest price point for KB’s stock.
In furtherance of the scheme, the indictment alleges, Karatz concealed his use of hindsight pricing from KB’s board of directors, Compensation Committee and shareholders. In various public filings made by KB, Karatz made it appear that KB’s option grants were made “as of” the date that had been selected. Karatz allegedly caused false statements to issued that claimed that all employee stock options granted under KB’s compensation plans had an exercise price equal to the fair market value of KB’s stock on the date of the grant. This representation created the false impression that KB was granting at-the-money stock options to KB executives, for which the recording of a compensation expense was not required, when in fact KB was granting discounted, in-the-money stock options, a large portion of which were awarded to Karatz himself.
As a result of these fraudulent practices, Karatz caused KB to grant millions of backdated, in-the-money options to himself and to other KB executives without publicly reporting the compensation and without taking the required compensation expense on KB’s financial statements. As a result, the indictment alleges, Karatz was able to misappropriate millions of dollars in KB’s funds when he exercised his options, while maintaining the pretense that these gains were solely the result of the appreciation of the market value of KB’s stock.
After KB commenced an internal investigation into its option-granting practice in May 2006, Karatz continued to conceal that he had backdated KB’s stock option grants during the preceding seven years. Among other things, Karatz caused a false and misleading internal report to be presented to KB’s Audit Committee and outside auditors that represented there was “no evidence of the backdating of options or other manipulation by management.” KB’s Audit Committee and other members of KB’s management relied on this false and misleading internal report in deciding to file KB’s Form-10Q for the three month period ending May 31, 2006, without disclosing any irregularities in KB’s past option-granting practices.
After KB discovered irregularities in its reporting, KB was unable to timely file its third quarter 10Q in October 2006. When KB ultimately filed its 2006 3rd quarter Form-10Q and its 2006 Form-10K in February 2007, the company was forced to recognize, for the first time, more than $36 million in additional stock-based compensation expenses and a total increase of more than $70 million in accrued liabilities arising from adjustments required to address the backdated stock options.
Karatz is expected to make his initial court appearance on March 26 in federal court in Los Angeles. If convicted of all the charges, Karatz faces a statutory maximum sentence of 415 years in federal prison.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty.
“Top executives of publicly traded companies have a duty to adhere to all the rules imposed on them by company directors and members of the public who invest their hard-earned money,” said United States Attorney Thomas P. O’Brien. “Mr. Karatz allegedly broke the rules, and then lied about it, to line his pockets and then to conceal his windfall from his company and the trading public. Efforts to manipulate a company’s compensation process, and then to impede the oversight function of the SEC, seriously compromise the integrity of our entire system.”
"This investigation painted a picture of avarice and dishonesty at its core," said Salvador Hernandez, Assistant Director in Charge of the FBI in Los Angeles. "The FBI is committed to devoting resources to the continuing crisis involving corporate figures who abdicate their responsibility in order to enrich themselves."
This case was investigated by the Federal Bureau of Investigation.
Central District of California
Thom Mrozek
Public Affairs Officer
(213) 894-6947
thom.mrozek@usdoj.gov
March 6, 2009
FORMER CEO OF KB HOME CHARGED WITH SECURITIES FRAUD IN CONNECTION WITH STOCK-OPTION BACKDATING SCHEME
LOS ANGELES – A former CEO and chairman of the board of KB Home was named today in a 20-count indictment that charges him in a scheme to defraud KB and its shareholders by awarding himself and other KB executives millions of dollars in undisclosed stock-based compensation in connection with the backdating of stock options over a seven-year period.
Bruce E. Karatz, 63, of Bel Air Estates, was charged with seven counts of mail fraud, five counts of wire, three counts of securities fraud, four counts of making false statements in reports filed with the Securities and Exchange Commission, and one count of lying to KB’s accountants.
This scheme alleged in the indictment involves Karatz’s use of hindsight pricing to inflate the value of stock options granted to him and other KB executives, as well as Karatz’s ongoing concealment of this practice from KB’s board of directors, Compensation Committee and shareholders. Furthermore, the indictment alleges, when an internal investigation into stock-option backdating was initiated at KB in May 2006, Karatz falsely denied his orchestration of the stock-option backdating scheme and caused a false report of KB’s historical option-granting practices to be submitted to KB’s Audit Committee and outside auditor, which impeded the timely and accurate disclosure of this matter in filings with the Securities and Exchange Commission.
In a related case, a former senior vice president of KB and head of Human Resources, Gary A. Ray, pleaded guilty on February 6 to conspiring with Karatz to obstruct justice. By pleading guilty, Ray admitted that he and Karatz collaborated in causing a false and misleading report on KB’s historical option-granting practices to be submitted to KB’s Audit Committee and other KB managers for the purpose of warding off a contemplated SEC probe into backdating at KB (see: http://www.usdoj.gov/usao/cac/pressroom/pr2008/154.html).
According to the indictment returned this afternoon by a federal grand jury in Los Angeles, Karatz engaged in a fraudulent scheme to disguise and conceal from KB and its shareholders the nature and value of stock-based compensation KB was actually awarding to Karatz and other KB executives through its stock-option granting practices. Karatz allegedly caused below-market exercise prices to be selected for stock options granted to him and other KB executives by using hindsight to backdate the grant date of these options to the date with the lowest price point for KB’s stock.
In furtherance of the scheme, the indictment alleges, Karatz concealed his use of hindsight pricing from KB’s board of directors, Compensation Committee and shareholders. In various public filings made by KB, Karatz made it appear that KB’s option grants were made “as of” the date that had been selected. Karatz allegedly caused false statements to issued that claimed that all employee stock options granted under KB’s compensation plans had an exercise price equal to the fair market value of KB’s stock on the date of the grant. This representation created the false impression that KB was granting at-the-money stock options to KB executives, for which the recording of a compensation expense was not required, when in fact KB was granting discounted, in-the-money stock options, a large portion of which were awarded to Karatz himself.
As a result of these fraudulent practices, Karatz caused KB to grant millions of backdated, in-the-money options to himself and to other KB executives without publicly reporting the compensation and without taking the required compensation expense on KB’s financial statements. As a result, the indictment alleges, Karatz was able to misappropriate millions of dollars in KB’s funds when he exercised his options, while maintaining the pretense that these gains were solely the result of the appreciation of the market value of KB’s stock.
After KB commenced an internal investigation into its option-granting practice in May 2006, Karatz continued to conceal that he had backdated KB’s stock option grants during the preceding seven years. Among other things, Karatz caused a false and misleading internal report to be presented to KB’s Audit Committee and outside auditors that represented there was “no evidence of the backdating of options or other manipulation by management.” KB’s Audit Committee and other members of KB’s management relied on this false and misleading internal report in deciding to file KB’s Form-10Q for the three month period ending May 31, 2006, without disclosing any irregularities in KB’s past option-granting practices.
After KB discovered irregularities in its reporting, KB was unable to timely file its third quarter 10Q in October 2006. When KB ultimately filed its 2006 3rd quarter Form-10Q and its 2006 Form-10K in February 2007, the company was forced to recognize, for the first time, more than $36 million in additional stock-based compensation expenses and a total increase of more than $70 million in accrued liabilities arising from adjustments required to address the backdated stock options.
Karatz is expected to make his initial court appearance on March 26 in federal court in Los Angeles. If convicted of all the charges, Karatz faces a statutory maximum sentence of 415 years in federal prison.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty.
“Top executives of publicly traded companies have a duty to adhere to all the rules imposed on them by company directors and members of the public who invest their hard-earned money,” said United States Attorney Thomas P. O’Brien. “Mr. Karatz allegedly broke the rules, and then lied about it, to line his pockets and then to conceal his windfall from his company and the trading public. Efforts to manipulate a company’s compensation process, and then to impede the oversight function of the SEC, seriously compromise the integrity of our entire system.”
"This investigation painted a picture of avarice and dishonesty at its core," said Salvador Hernandez, Assistant Director in Charge of the FBI in Los Angeles. "The FBI is committed to devoting resources to the continuing crisis involving corporate figures who abdicate their responsibility in order to enrich themselves."
This case was investigated by the Federal Bureau of Investigation.
USDOJ Press Release:TWO UK CITIZENS CHARGED WITH BRIBING NIGERIAN GOVERNMENT OFFICIALS TO OBTAIN LUCRATIVE CONTRACTS AS PART OF KBR SCHEME
FOR IMMEDIATE RELEASE
March 5, 2009
WWW.USDOJ.GOV CRM
(202) 514-2007
TDD (202) 514-1888
TWO UK CITIZENS CHARGED BY UNITED STATES WITH BRIBING NIGERIAN GOVERNMENT OFFICIALS TO OBTAIN LUCRATIVE CONTRACTS AS PART OF KBR JOINT VENTURE SCHEME
WASHINGTON – Two citizens of the United Kingdom have been charged in an indictment unsealed today in the United States for their alleged participation in a decade-long scheme to bribe Nigerian government officials to obtain engineering, procurement and construction (EPC) contracts, Acting Assistant Attorney General Rita M. Glavin of the Criminal Division announced. The EPC contracts to build liquefied natural gas (LNG) facilities on Bonny Island, Nigeria, were valued at more than $6 billion.
Jeffrey Tesler, 60, of London, England, and Wojciech Chodan, 71, of Maidenhead, England, were indicted on Feb. 17, 2009, in U.S. District Court for the Southern District of Texas. The defendants are each charged with one count of conspiracy to violate the Foreign Corrupt Practices Act (FCPA) and ten counts of violating the FCPA. The indictment also seeks forfeiture of more than $130 million from the defendants. At the request of the United States, Tesler was arrested by the London Metropolitan Police today. There is an outstanding arrest warrant in the United States for Chodan. The Justice Department is seeking the defendants’ extradition from the United Kingdom to the United States to stand trial.
According to the indictment, Tesler was hired in 1995 as an agent of a four-company joint venture that was awarded four EPC contracts by Nigeria LNG Ltd., (NLNG) between 1995 and 2004 to build LNG facilities on Bonny Island. The government-owned Nigerian National Petroleum Corporation (NNPC) was the largest shareholder of NLNG, owning 49 percent of the company. Chodan was a former salesperson and consultant of a United Kingdom subsidiary of Kellogg, Brown & Root Inc. (KBR), one of the four joint venture companies. At so-called “cultural meetings,” Chodan and other co-conspirators allegedly discussed the use of Tesler and other agents to pay bribes to Nigerian government officials to secure the officials’ support for awarding the EPC contracts to the joint venture.
According to the indictment, the joint venture hired Tesler to bribe high-level Nigerian government officials, including top-level executive branch officials, and another agent to bribe lower level Nigerian government officials, including employees of NLNG. At crucial junctures before the award of the EPC contracts, KBR’s former CEO, Albert “Jack” Stanley, and others allegedly met with three successive former holders of a top-level office in the executive branch of the Nigerian government to ask the office holder to designate a representative with whom the joint venture should negotiate the bribes. Stanley and others allegedly negotiated bribe amounts with the office holders’ representatives and agreed to hire Tesler and the other agent to pay the bribes. The joint venture entered into a series of consulting contracts with a Gibraltar corporation allegedly controlled by Tesler to which the joint venture paid approximately $132 million for Tesler to use to bribe Nigerian government officials. On behalf of the joint venture and the four joint venture companies, Tesler allegedly wire transferred bribe payments to or for the benefit of various Nigerian government officials, including officials of the executive branch, NNPC, NLNG, and for the benefit of a political party in Nigeria.
If convicted on all charges, each defendant faces a maximum prison sentence of 55 years.
An indictment is merely a charge and defendants are presumed innocent until proven guilty.
In a related criminal case, KBR’s successor company, Kellogg Brown & Root LLC, pleaded guilty in February 2009 to charges related to the FCPA for its participation in the scheme to bribe Nigerian government officials. Kellogg Brown & Root LLC was ordered to pay a $402 million fine and to retain an independent compliance monitor for a three-year period to review the design and implementation of its compliance program as well as make reports to the company and the Department of Justice.
Stanley pleaded guilty in September 2008 to conspiring to violate the FCPA for his participation in the bribery scheme. Stanley’s sentencing is currently scheduled for Aug. 27, 2009.
The case is being prosecuted by Senior Trial Attorneys William J. Stuckwisch and Patrick F. Stokes of the Criminal Division’s Fraud Section, with investigative assistance from the FBI and IRS-Criminal Investigation in Houston. The Criminal Division’s Office of International Affairs provided substantial assistance. Significant assistance was provided by the SEC’s Division of Enforcement and by the authorities in France, Italy, Switzerland and the United Kingdom, including in particular the Serious Fraud Office’s Anti-Corruption Unit, the London Metropolitan Police and the City of London Police.
March 5, 2009
WWW.USDOJ.GOV CRM
(202) 514-2007
TDD (202) 514-1888
TWO UK CITIZENS CHARGED BY UNITED STATES WITH BRIBING NIGERIAN GOVERNMENT OFFICIALS TO OBTAIN LUCRATIVE CONTRACTS AS PART OF KBR JOINT VENTURE SCHEME
WASHINGTON – Two citizens of the United Kingdom have been charged in an indictment unsealed today in the United States for their alleged participation in a decade-long scheme to bribe Nigerian government officials to obtain engineering, procurement and construction (EPC) contracts, Acting Assistant Attorney General Rita M. Glavin of the Criminal Division announced. The EPC contracts to build liquefied natural gas (LNG) facilities on Bonny Island, Nigeria, were valued at more than $6 billion.
Jeffrey Tesler, 60, of London, England, and Wojciech Chodan, 71, of Maidenhead, England, were indicted on Feb. 17, 2009, in U.S. District Court for the Southern District of Texas. The defendants are each charged with one count of conspiracy to violate the Foreign Corrupt Practices Act (FCPA) and ten counts of violating the FCPA. The indictment also seeks forfeiture of more than $130 million from the defendants. At the request of the United States, Tesler was arrested by the London Metropolitan Police today. There is an outstanding arrest warrant in the United States for Chodan. The Justice Department is seeking the defendants’ extradition from the United Kingdom to the United States to stand trial.
According to the indictment, Tesler was hired in 1995 as an agent of a four-company joint venture that was awarded four EPC contracts by Nigeria LNG Ltd., (NLNG) between 1995 and 2004 to build LNG facilities on Bonny Island. The government-owned Nigerian National Petroleum Corporation (NNPC) was the largest shareholder of NLNG, owning 49 percent of the company. Chodan was a former salesperson and consultant of a United Kingdom subsidiary of Kellogg, Brown & Root Inc. (KBR), one of the four joint venture companies. At so-called “cultural meetings,” Chodan and other co-conspirators allegedly discussed the use of Tesler and other agents to pay bribes to Nigerian government officials to secure the officials’ support for awarding the EPC contracts to the joint venture.
According to the indictment, the joint venture hired Tesler to bribe high-level Nigerian government officials, including top-level executive branch officials, and another agent to bribe lower level Nigerian government officials, including employees of NLNG. At crucial junctures before the award of the EPC contracts, KBR’s former CEO, Albert “Jack” Stanley, and others allegedly met with three successive former holders of a top-level office in the executive branch of the Nigerian government to ask the office holder to designate a representative with whom the joint venture should negotiate the bribes. Stanley and others allegedly negotiated bribe amounts with the office holders’ representatives and agreed to hire Tesler and the other agent to pay the bribes. The joint venture entered into a series of consulting contracts with a Gibraltar corporation allegedly controlled by Tesler to which the joint venture paid approximately $132 million for Tesler to use to bribe Nigerian government officials. On behalf of the joint venture and the four joint venture companies, Tesler allegedly wire transferred bribe payments to or for the benefit of various Nigerian government officials, including officials of the executive branch, NNPC, NLNG, and for the benefit of a political party in Nigeria.
If convicted on all charges, each defendant faces a maximum prison sentence of 55 years.
An indictment is merely a charge and defendants are presumed innocent until proven guilty.
In a related criminal case, KBR’s successor company, Kellogg Brown & Root LLC, pleaded guilty in February 2009 to charges related to the FCPA for its participation in the scheme to bribe Nigerian government officials. Kellogg Brown & Root LLC was ordered to pay a $402 million fine and to retain an independent compliance monitor for a three-year period to review the design and implementation of its compliance program as well as make reports to the company and the Department of Justice.
Stanley pleaded guilty in September 2008 to conspiring to violate the FCPA for his participation in the bribery scheme. Stanley’s sentencing is currently scheduled for Aug. 27, 2009.
The case is being prosecuted by Senior Trial Attorneys William J. Stuckwisch and Patrick F. Stokes of the Criminal Division’s Fraud Section, with investigative assistance from the FBI and IRS-Criminal Investigation in Houston. The Criminal Division’s Office of International Affairs provided substantial assistance. Significant assistance was provided by the SEC’s Division of Enforcement and by the authorities in France, Italy, Switzerland and the United Kingdom, including in particular the Serious Fraud Office’s Anti-Corruption Unit, the London Metropolitan Police and the City of London Police.
USDOJ Press Release:TWO MEN INDICTED FOR MILLION DOLLAR MEDICAID FRAUD -- Over $1.1 Million Worth of Forged Prescriptions in Just 8 Months
FOR IMMEDIATE RELEASE CONTACT: Patrick Crosby
3/4/09 (404)581-6016
http://www.usdoj.gov/usao/gan/ FAX (404)581-6160
TWO MEN INDICTED FOR MILLION DOLLAR MEDICAID FRAUD -- Over $1.1 Million Worth of Forged Prescriptions in Just 8 Months
Atlanta, GA - VARIAN SCOTT, 35, of Miami, Florida, and HEZRON COLLIE, 29, of Atlanta, have been indicted by a federal grand jury on charges of conspiracy to commit health care fraud and health care fraud in connection with a scheme to present forged prescriptions to pharmacies throughout the metro Atlanta area over an eight-month period, and causing the cost of the prescriptions - more than $1 million - to be billed to Georgia Medicaid. COLLIE had his initial appearance on the indictment this afternoon before United States Magistrate Judge Russell Vineyard. SCOTT had his initial appearance before Judge Baverman on January 14, 2009.
United States Attorney David E. Nahmias said of the case, “Those who cheat Medicaid are cheating the American taxpayers, who ultimately bear the financial loss. This indictment is the result of the hard work and cooperation of local, state and federal agencies working together to root out health care fraud and bring those responsible to justice. We will continue to work with these agencies to prosecute Medicaid fraud and other scams targeting government programs, to vindicate taxpayers and help ensure the integrity of these programs.”
Georgia Attorney General Thurbert Baker said of the case, “Medicaid fraud strips desperately needed resources from a system designed to help those most in need in our state. My office will continue to work with federal law enforcement to target criminals who cheat the system so that both taxpayers and the Medicaid system are protected from fraud.”
FBI Atlanta Special Agent in Charge Gregory Jones said, “The public has grown weary, and with good cause, of those who scheme to defraud the government and thus steal the hard earned money of the American taxpayer. We will continue to work closely with our local, state and federal law enforcement partners to ensure those who commit such crimes are brought to justice.”
C. Richard “Rick” Allen, Deputy Director, Georgia Drugs and Narcotics Agency, said, “This case is a perfect example of what happens when there is cooperation between different types of law enforcement agencies sharing information and working together. A complicated, multi-jurisdictional investigation that first came to light through a local sheriff's department and ended up with a federal indictment, with each agency contributing its own expertise along the way.”
Dr. Rhonda Medows, Commissioner of the Georgia Department of Community Health, which administers Georgia Medicaid, said, “With an increasing number of people in need of health care, it is important that we ensure that every dollar used is a dollar that is improving the overall health status of Georgians. DCH will continue to work with partnering law enforcement agencies to ensure that we are safeguarding taxpayers' dollars.”
According to United States Attorney Nahmias, Georgia Attorney General Baker, and information presented in court: Between September 2005 and April 2006, SCOTT, COLLIE, and others known and unknown to the grand jury obtained blank doctors’ prescription pads from Emory University’s Winship Cancer Institute - COLLIE’s former employer - and two other doctors. The defendants allegedly obtained names, dates of birth, and Georgia Medicaid numbers of dozens of people, and allegedly forged multiple doctors’ prescriptions for Neupogen and related medications used to treat cancer and AIDS patients. The defendants then allegedly presented the forged prescriptions along with the patient information to CVS, Publix, Walgreens, Kroger, and Eckerd pharmacies throughout the Atlanta area. SCOTT and COLLIE also allegedly recruited a pharmacy employee at least one of the pharmacies to facilitate the unlawful scheme. That employee is cooperating with authorities and pleaded guilty to related charges in Gwinnett County Superior Court on January 13, 2009. The pharmacies billed approximately $1.1 million to Georgia Medicaid for the cost of the medications that SCOTT and COLLIE fraudulently acquired. The pharmacies and the doctors are cooperating in the investigation.
The indictment charges SCOTT and COLLIE with one count of conspiracy to commit health care fraud and 20 counts of health care fraud. The charges carry a maximum sentence of 10 years in prison and a fine of up to $250,000 per count.
Members of the public are reminded that an indictment contains only allegations. A defendant is presumed innocent of the charges and it is the Government’s burden to prove a defendant’s guilt beyond a reasonable doubt at trial.
The indictment is the culmination of a joint investigation conducted by the Federal Bureau of Investigation, Georgia Bureau of Investigation, Georgia Drugs & Narcotics Agency, Georgia Department of Community Health, and the Georgia Medicaid Fraud Control Unit. Valuable assistance in this case has also been provided by the Georgia State Patrol, Twiggs County Sheriff's Office, Clayton County Sheriff's Office, and the Gwinnett County Police Department.
The case is being prosecuted by Assistant United States Attorneys Bernita Malloy and David M. Chaiken, and Senior Assistant Attorney General Nancy B. Allstrom of the Georgia Attorney General’s Office, who has been designated a Special Assistant United States Attorney for the case.
For further information please contact David E. Nahmias (pronounced NAH-me-us), United States Attorney, or Charysse L. Alexander, Executive Assistant United States Attorney, through Patrick Crosby, Public Affairs Officer, U.S. Attorney’s Office, at (404) 581-6016. The Internet address for the HomePage for the U.S. Attorney’s Office for the Northern District of Georgia is www.usdoj.gov/usao/gan.
3/4/09 (404)581-6016
http://www.usdoj.gov/usao/gan/ FAX (404)581-6160
TWO MEN INDICTED FOR MILLION DOLLAR MEDICAID FRAUD -- Over $1.1 Million Worth of Forged Prescriptions in Just 8 Months
Atlanta, GA - VARIAN SCOTT, 35, of Miami, Florida, and HEZRON COLLIE, 29, of Atlanta, have been indicted by a federal grand jury on charges of conspiracy to commit health care fraud and health care fraud in connection with a scheme to present forged prescriptions to pharmacies throughout the metro Atlanta area over an eight-month period, and causing the cost of the prescriptions - more than $1 million - to be billed to Georgia Medicaid. COLLIE had his initial appearance on the indictment this afternoon before United States Magistrate Judge Russell Vineyard. SCOTT had his initial appearance before Judge Baverman on January 14, 2009.
United States Attorney David E. Nahmias said of the case, “Those who cheat Medicaid are cheating the American taxpayers, who ultimately bear the financial loss. This indictment is the result of the hard work and cooperation of local, state and federal agencies working together to root out health care fraud and bring those responsible to justice. We will continue to work with these agencies to prosecute Medicaid fraud and other scams targeting government programs, to vindicate taxpayers and help ensure the integrity of these programs.”
Georgia Attorney General Thurbert Baker said of the case, “Medicaid fraud strips desperately needed resources from a system designed to help those most in need in our state. My office will continue to work with federal law enforcement to target criminals who cheat the system so that both taxpayers and the Medicaid system are protected from fraud.”
FBI Atlanta Special Agent in Charge Gregory Jones said, “The public has grown weary, and with good cause, of those who scheme to defraud the government and thus steal the hard earned money of the American taxpayer. We will continue to work closely with our local, state and federal law enforcement partners to ensure those who commit such crimes are brought to justice.”
C. Richard “Rick” Allen, Deputy Director, Georgia Drugs and Narcotics Agency, said, “This case is a perfect example of what happens when there is cooperation between different types of law enforcement agencies sharing information and working together. A complicated, multi-jurisdictional investigation that first came to light through a local sheriff's department and ended up with a federal indictment, with each agency contributing its own expertise along the way.”
Dr. Rhonda Medows, Commissioner of the Georgia Department of Community Health, which administers Georgia Medicaid, said, “With an increasing number of people in need of health care, it is important that we ensure that every dollar used is a dollar that is improving the overall health status of Georgians. DCH will continue to work with partnering law enforcement agencies to ensure that we are safeguarding taxpayers' dollars.”
According to United States Attorney Nahmias, Georgia Attorney General Baker, and information presented in court: Between September 2005 and April 2006, SCOTT, COLLIE, and others known and unknown to the grand jury obtained blank doctors’ prescription pads from Emory University’s Winship Cancer Institute - COLLIE’s former employer - and two other doctors. The defendants allegedly obtained names, dates of birth, and Georgia Medicaid numbers of dozens of people, and allegedly forged multiple doctors’ prescriptions for Neupogen and related medications used to treat cancer and AIDS patients. The defendants then allegedly presented the forged prescriptions along with the patient information to CVS, Publix, Walgreens, Kroger, and Eckerd pharmacies throughout the Atlanta area. SCOTT and COLLIE also allegedly recruited a pharmacy employee at least one of the pharmacies to facilitate the unlawful scheme. That employee is cooperating with authorities and pleaded guilty to related charges in Gwinnett County Superior Court on January 13, 2009. The pharmacies billed approximately $1.1 million to Georgia Medicaid for the cost of the medications that SCOTT and COLLIE fraudulently acquired. The pharmacies and the doctors are cooperating in the investigation.
The indictment charges SCOTT and COLLIE with one count of conspiracy to commit health care fraud and 20 counts of health care fraud. The charges carry a maximum sentence of 10 years in prison and a fine of up to $250,000 per count.
Members of the public are reminded that an indictment contains only allegations. A defendant is presumed innocent of the charges and it is the Government’s burden to prove a defendant’s guilt beyond a reasonable doubt at trial.
The indictment is the culmination of a joint investigation conducted by the Federal Bureau of Investigation, Georgia Bureau of Investigation, Georgia Drugs & Narcotics Agency, Georgia Department of Community Health, and the Georgia Medicaid Fraud Control Unit. Valuable assistance in this case has also been provided by the Georgia State Patrol, Twiggs County Sheriff's Office, Clayton County Sheriff's Office, and the Gwinnett County Police Department.
The case is being prosecuted by Assistant United States Attorneys Bernita Malloy and David M. Chaiken, and Senior Assistant Attorney General Nancy B. Allstrom of the Georgia Attorney General’s Office, who has been designated a Special Assistant United States Attorney for the case.
For further information please contact David E. Nahmias (pronounced NAH-me-us), United States Attorney, or Charysse L. Alexander, Executive Assistant United States Attorney, through Patrick Crosby, Public Affairs Officer, U.S. Attorney’s Office, at (404) 581-6016. The Internet address for the HomePage for the U.S. Attorney’s Office for the Northern District of Georgia is www.usdoj.gov/usao/gan.
USDOJ Press Release:Army Captain Indicted for Money Laundering and Theft of Government Property Indictment Alleges Captain Stole in Excess of $690,000
For Immediate Release
March 5, 2009 Karin J. Immergut, U.S. Attorney
District of Oregon
Contact: (503) 727-1000
Army Captain Indicted for Money Laundering and Theft of Government Property Indictment Alleges Captain Stole in Excess of $690,000
PORTLAND, Ore. – A federal grand jury has returned an indictment charging Capt. Michael Dung Nguyen, 28, of Ft. Lewis, Wash., with theft of government property, money laundering and structuring financial transactions, U.S. Attorney for the District of Oregon Karin J. Immergut announced today.
Nguyen was scheduled to appear before U.S. Magistrate Judge Paul Papak at 1:30 p.m. PST today to answer to the charges.
The indictment alleges that between April 2007 and February 2009, while deployed to Iraq, Capt. Nguyen stole in excess of $690,000 in U.S. currency that was entrusted to him in his role as the battalion Civil Affairs Officer in Muqdadiyah. The funds stolen by Nguyen were derived from the Commander’s Emergency Response Program (CERP) funds. CERP funds were designed to enable local commanders in Iraq and Afghanistan to respond to urgent humanitarian relief and reconstruction by carrying out programs that would immediately assist the people in the region.
Nguyen is alleged to have mailed the stolen CERP money to his Oregon residence prior to his return from Iraq. The indictment further alleges that shortly after his return from Iraq, Nguyen opened new bank accounts at several banks, including Bank of America and Washington Mutual Bank, and proceeded to deposit the stolen money in a manner intended to avoid detection. After depositing the money in the accounts, Nguyen attempted to launder the stolen money by purchasing a 2008 BMW and a 2009 Hummer H3T, in addition to purchasing computers, electronics and furniture.
U.S. Attorney Karin J. Immergut stated, “As an officer of the U.S. Army and a graduate of West Point, Capt. Nguyen agreed to uphold the principles of ‘Duty, Honor, Country.’ The conduct alleged in today’s indictment is flagrant and reprehensible disregard of these principles. By stealing money intended to assist Iraqi citizens, Capt. Nguyen betrayed his country and the fine men and women of our nation’s armed services.”
An indictment is only an accusation of a crime, and a defendant should be presumed innocent unless and until proven guilty.
The maximum penalty for each of the charged crimes is 10 years in prison and a fine of $500,000.
The investigation was initiated by the Portland office of the Internal Revenue Service Criminal Investigation following the discovery of large and frequent currency deposits and substantial expenditures above Captain Nguyen’s legitimate income level. The investigation was joined by the FBI, the U.S. Army Criminal Investigation Division's Major Procurement Fraud Unit and Defense Criminal Investigative Service. The case is being prosecuted by Assistant U.S. Attorney Scott Erik Asphaug.
March 5, 2009 Karin J. Immergut, U.S. Attorney
District of Oregon
Contact: (503) 727-1000
Army Captain Indicted for Money Laundering and Theft of Government Property Indictment Alleges Captain Stole in Excess of $690,000
PORTLAND, Ore. – A federal grand jury has returned an indictment charging Capt. Michael Dung Nguyen, 28, of Ft. Lewis, Wash., with theft of government property, money laundering and structuring financial transactions, U.S. Attorney for the District of Oregon Karin J. Immergut announced today.
Nguyen was scheduled to appear before U.S. Magistrate Judge Paul Papak at 1:30 p.m. PST today to answer to the charges.
The indictment alleges that between April 2007 and February 2009, while deployed to Iraq, Capt. Nguyen stole in excess of $690,000 in U.S. currency that was entrusted to him in his role as the battalion Civil Affairs Officer in Muqdadiyah. The funds stolen by Nguyen were derived from the Commander’s Emergency Response Program (CERP) funds. CERP funds were designed to enable local commanders in Iraq and Afghanistan to respond to urgent humanitarian relief and reconstruction by carrying out programs that would immediately assist the people in the region.
Nguyen is alleged to have mailed the stolen CERP money to his Oregon residence prior to his return from Iraq. The indictment further alleges that shortly after his return from Iraq, Nguyen opened new bank accounts at several banks, including Bank of America and Washington Mutual Bank, and proceeded to deposit the stolen money in a manner intended to avoid detection. After depositing the money in the accounts, Nguyen attempted to launder the stolen money by purchasing a 2008 BMW and a 2009 Hummer H3T, in addition to purchasing computers, electronics and furniture.
U.S. Attorney Karin J. Immergut stated, “As an officer of the U.S. Army and a graduate of West Point, Capt. Nguyen agreed to uphold the principles of ‘Duty, Honor, Country.’ The conduct alleged in today’s indictment is flagrant and reprehensible disregard of these principles. By stealing money intended to assist Iraqi citizens, Capt. Nguyen betrayed his country and the fine men and women of our nation’s armed services.”
An indictment is only an accusation of a crime, and a defendant should be presumed innocent unless and until proven guilty.
The maximum penalty for each of the charged crimes is 10 years in prison and a fine of $500,000.
The investigation was initiated by the Portland office of the Internal Revenue Service Criminal Investigation following the discovery of large and frequent currency deposits and substantial expenditures above Captain Nguyen’s legitimate income level. The investigation was joined by the FBI, the U.S. Army Criminal Investigation Division's Major Procurement Fraud Unit and Defense Criminal Investigative Service. The case is being prosecuted by Assistant U.S. Attorney Scott Erik Asphaug.
USDOJ Press Release: FORMER EMPLOYEE OF DANBURY TRASH COMPANIES SENTENCED TO 37 MONTHS IN FEDERAL PRISON
U.S. Department of Justice
United States Attorney
District of Connecticut
PRESS RELEASE
March 3, 2009
FORMER EMPLOYEE OF DANBURY TRASH COMPANIES SENTENCED TO 37 MONTHS IN FEDERAL PRISON
Nora R. Dannehy, Acting United States Attorney for the District of Connecticut, announced that ERIC ROMANDI, 62, of New Milford, was sentenced today by Senior United States District Judge Ellen Bree Burns in New Haven to 37 months of imprisonment, followed by three years of supervised release. On July 29, 2008, ROMANDI pleaded guilty to one count of conspiring to violate the federal Racketeer Influenced and Corrupt Organizations Act (RICO), and one count of conspiring to defraud the Internal Revenue Service. The charges stem from a long-term investigation into the waste-hauling industry in Connecticut and eastern New York.
According to documents filed with the Court and statements made in court, ROMANDI formerly was the General Manager of companies owned and operated by James Galante, and most recently held the title of Route Supervisor at Automated Waste Disposal (AWD) and its affiliated companies based in Danbury. ROMANDI has admitted that he conspired to perpetuate a system, commonly called the “property rights system,” through which participating carters agreed not to service or compete for other carters’ customers. The property rights system, which is predicated on mail and wire fraud, and extortion, essentially destroys free enterprise, allowing the participating carters to artificially inflate their prices and leaving waste removal customers with no other options. In this scheme, which was directed at commercial and municipal customers, participating carters agreed to quote inflated prices to customers controlled by other carters.
ROMANDI was a long-time member of the enterprise operated by James Galante and a trusted associate who met regularly with the inner-circle of individuals at meetings convened in the paint shop at 307 White Street in Danbury. In the summer of 2005, the federal grand jury investigating the carting industry issued subpoenas to many AWD employees. The investigation revealed that shortly after the subpoenas were issued, ROMANDI told a witness to provide untruthful testimony to the grand jury regarding cash payments that Galante provided to Matthew “The Horse” Ianniello, who the Government has alleged was a high-ranking member of the Genovese Family of La Cosa Nostra. ROMANDI also told the witness to deny knowledge of cash that ROMANDI and another individual gave to Galante on a weekly basis, as well as fraudulent expenses claimed by Galante. This cash was a payroll kickback that was a material fact in the Government’s tax investigation.
The Government also presented to the Court information related to ROMANDI’s participation in the arson of a rival carter’s truck in May 1992. During the event, ROMANDI and another individual donned masks, brandished a firearm, removed the driver from the truck, bound him with tape, told him to warn his employer to be careful when doing business in Connecticut and New York, and then set the truck on fire.
In addition to his term of imprisonment, ROMANDI has agreed to forfeit $75,000.
Thirty-three individuals were charged as a result of the investigation. All have pleaded guilty.
On June 3, 2008, James Galante pleaded guilty to one count of conspiring to violate the federal Racketeer Influenced and Corrupt Organizations Act (RICO), one count of conspiring to defraud the Internal Revenue Service, and one count of conspiring to commit wire fraud. On September 3, 2008, Galante was sentenced to 87 months of imprisonment. In addition, Galante has forfeited his ownership interests in 25 trash hauling companies, a Southbury residence, six racing cars and a trailer used to haul the racing cars, and $448,153.10 seized from Galante’s business office and his home. Galante also was ordered to pay a fine in the amount of $100,000, and approximately $1.6 million in back taxes to the Internal Revenue Service.
On December 20, 2006, Ianniello pleaded guilty to one count of RICO conspiracy and one count of conspiring to defraud the Internal Revenue Service. On May 9, 2007, he was sentenced to 24 months of imprisonment.
This matter was investigated by the Federal Bureau of Investigation, the Internal Revenue Service – Criminal Investigation Division, the United States Department of Labor, Office of Inspector General, and the Connecticut State Police. The United States Marshals Service, the Drug Enforcement Administration’s Office of Professional Responsibility, and the Connecticut Department of Correction have provided critical assistance in the Investigation. Assistant United States Attorneys Michael J. Gustafson, Raymond F. Miller, and Henry K. Kopel are prosecuting this case.
United States Attorney
District of Connecticut
PRESS RELEASE
March 3, 2009
FORMER EMPLOYEE OF DANBURY TRASH COMPANIES SENTENCED TO 37 MONTHS IN FEDERAL PRISON
Nora R. Dannehy, Acting United States Attorney for the District of Connecticut, announced that ERIC ROMANDI, 62, of New Milford, was sentenced today by Senior United States District Judge Ellen Bree Burns in New Haven to 37 months of imprisonment, followed by three years of supervised release. On July 29, 2008, ROMANDI pleaded guilty to one count of conspiring to violate the federal Racketeer Influenced and Corrupt Organizations Act (RICO), and one count of conspiring to defraud the Internal Revenue Service. The charges stem from a long-term investigation into the waste-hauling industry in Connecticut and eastern New York.
According to documents filed with the Court and statements made in court, ROMANDI formerly was the General Manager of companies owned and operated by James Galante, and most recently held the title of Route Supervisor at Automated Waste Disposal (AWD) and its affiliated companies based in Danbury. ROMANDI has admitted that he conspired to perpetuate a system, commonly called the “property rights system,” through which participating carters agreed not to service or compete for other carters’ customers. The property rights system, which is predicated on mail and wire fraud, and extortion, essentially destroys free enterprise, allowing the participating carters to artificially inflate their prices and leaving waste removal customers with no other options. In this scheme, which was directed at commercial and municipal customers, participating carters agreed to quote inflated prices to customers controlled by other carters.
ROMANDI was a long-time member of the enterprise operated by James Galante and a trusted associate who met regularly with the inner-circle of individuals at meetings convened in the paint shop at 307 White Street in Danbury. In the summer of 2005, the federal grand jury investigating the carting industry issued subpoenas to many AWD employees. The investigation revealed that shortly after the subpoenas were issued, ROMANDI told a witness to provide untruthful testimony to the grand jury regarding cash payments that Galante provided to Matthew “The Horse” Ianniello, who the Government has alleged was a high-ranking member of the Genovese Family of La Cosa Nostra. ROMANDI also told the witness to deny knowledge of cash that ROMANDI and another individual gave to Galante on a weekly basis, as well as fraudulent expenses claimed by Galante. This cash was a payroll kickback that was a material fact in the Government’s tax investigation.
The Government also presented to the Court information related to ROMANDI’s participation in the arson of a rival carter’s truck in May 1992. During the event, ROMANDI and another individual donned masks, brandished a firearm, removed the driver from the truck, bound him with tape, told him to warn his employer to be careful when doing business in Connecticut and New York, and then set the truck on fire.
In addition to his term of imprisonment, ROMANDI has agreed to forfeit $75,000.
Thirty-three individuals were charged as a result of the investigation. All have pleaded guilty.
On June 3, 2008, James Galante pleaded guilty to one count of conspiring to violate the federal Racketeer Influenced and Corrupt Organizations Act (RICO), one count of conspiring to defraud the Internal Revenue Service, and one count of conspiring to commit wire fraud. On September 3, 2008, Galante was sentenced to 87 months of imprisonment. In addition, Galante has forfeited his ownership interests in 25 trash hauling companies, a Southbury residence, six racing cars and a trailer used to haul the racing cars, and $448,153.10 seized from Galante’s business office and his home. Galante also was ordered to pay a fine in the amount of $100,000, and approximately $1.6 million in back taxes to the Internal Revenue Service.
On December 20, 2006, Ianniello pleaded guilty to one count of RICO conspiracy and one count of conspiring to defraud the Internal Revenue Service. On May 9, 2007, he was sentenced to 24 months of imprisonment.
This matter was investigated by the Federal Bureau of Investigation, the Internal Revenue Service – Criminal Investigation Division, the United States Department of Labor, Office of Inspector General, and the Connecticut State Police. The United States Marshals Service, the Drug Enforcement Administration’s Office of Professional Responsibility, and the Connecticut Department of Correction have provided critical assistance in the Investigation. Assistant United States Attorneys Michael J. Gustafson, Raymond F. Miller, and Henry K. Kopel are prosecuting this case.
USDOJ PRESS RELEASE: FORMER FLORIDA DEFENSE ATTORNEY PLEADS GUILTY TO OBSTRUCTION OF JUSTICE
N:\AFiljones\MillerPlea3.04.09
United States Attorney A. Brian Albritton
Middle District of Florida
Tampa Orlando Jacksonville Ocala Fort Myers
FOR IMMEDIATE RELEASE
March 4, 2009
CONTACT: STEVE COLE
PHONE: (813) 274-6136
FAX: (813) 274-6300
http://www.usdoj.gov/usao/flm/pr
FORMER DEFENSE ATTORNEY PLEADS GUILTY TO OBSTRUCTION OF JUSTICE
Ocala, Florida - United States Attorney A. Brian Albritton today announced that Raymond C. Miller, 52, of Pompano Beach, has pleaded guilty to obstruction of justice. The maximum penalty Miller faces is ten years in federal prison.
Miller, a former defense attorney, admitted at his plea hearing that he embezzled or stole $250,000 from a client who was awaiting sentencing on federal drug charges. The client gave Miller the $250,000 to partially satisfy a forfeiture obligation to the United States. Miller obstructed justice by concealing the payment from the court and requesting continuances of his client's sentencing hearing.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Dan Eckhart.
United States Attorney A. Brian Albritton
Middle District of Florida
Tampa Orlando Jacksonville Ocala Fort Myers
FOR IMMEDIATE RELEASE
March 4, 2009
CONTACT: STEVE COLE
PHONE: (813) 274-6136
FAX: (813) 274-6300
http://www.usdoj.gov/usao/flm/pr
FORMER DEFENSE ATTORNEY PLEADS GUILTY TO OBSTRUCTION OF JUSTICE
Ocala, Florida - United States Attorney A. Brian Albritton today announced that Raymond C. Miller, 52, of Pompano Beach, has pleaded guilty to obstruction of justice. The maximum penalty Miller faces is ten years in federal prison.
Miller, a former defense attorney, admitted at his plea hearing that he embezzled or stole $250,000 from a client who was awaiting sentencing on federal drug charges. The client gave Miller the $250,000 to partially satisfy a forfeiture obligation to the United States. Miller obstructed justice by concealing the payment from the court and requesting continuances of his client's sentencing hearing.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Dan Eckhart.
USDOJ Press Release: Former Staff Member in U.S. House of Representatives Indicted on Corruption Charges
FOR IMMEDIATE RELEASE
FRIDAY, MARCH 6, 2009
WWW.USDOJ.GOV TDD
CRM
(202) 514-2008
(202) 514-1888
Former Staff Member in U.S. House of Representatives Indicted on Corruption Charges
WASHINGTON—A grand jury in the District of Columbia returned a three-count indictment today charging a former staff member in the U.S. House of Representatives with corruption offenses, Acting Assistant Attorney General Rita M. Glavin of the Criminal Division announced. Fraser C. Verrusio, 39, was charged by the grand jury with conspiring to accept an illegal gratuity, accepting an illegal gratuity, and making a false statement in failing to report his receipt of gifts from a lobbyist and the lobbyist’s client on his 2003 financial disclosure form.
According to the indictment, during the relevant times, Verrusio worked as the policy director for the U.S. House of Representatives Committee on Transportation and Infrastructure. The indictment names Todd Boulanger and James Hirni, who were lobbyists working for an equipment rental company interested in inserting three amendments into a Federal Highway Bill, as Verrusio’s co-conspirators. The indictment also names Trevor Blackann, who worked as a legislative assistant to a U.S. senator, as a co-conspirator. According to the indictment, the committee for which Verrusio worked had responsibility for the Federal Highway Bill in the House of Representatives. Similarly, the indictment states that the senator for whom Blackann worked served on a committee with responsibility for the Federal Highway Bill in the Senate.
According to the indictment, in October 2003, Verrusio and Blackann accepted an all-expenses-paid trip to Game One of the 2003 Baseball World Series from Hirni, the equipment rental company that was his client, and a representative of that company. The indictment alleges that Verrusio accepted the trip for and because of his official assistance provided and to be provided to the equipment rental company’s efforts to secure favorable amendments to the Federal Highway Bill.
According to the indictment, the all-expenses-paid trip accepted by Verrusio and Blackann included round-trip commercial airline travel to and from New York City; use of a chauffeured sport utility vehicle for transportation while in New York City; a ticket for each official to Game One of the World Series; a souvenir baseball jersey for each official; as well as lodging, meals, drinks and entertainment at a strip club. The indictment alleges that, while on the trip, Verrusio, Blackann, Hirni and the equipment rental company representative discussed the Federal Highway Bill and the equipment rental company.
The indictment also alleges that federal law required Verrusio to report his receipt of gifts valued at more than $285 per year from a single source on a 2003 annual financial disclosure form. The indictment alleges that Verrusio made a false statement on that form when he certified that the form was, “true, complete and correct,” when in truth and in fact Verrusio knew and believed the form to be incomplete and incorrect in that it did not identify Hirni and the equipment rental company as the source of a reportable gift, did not describe the World Series trip or any of its reportable parts, and did not report the value of the trip or any of its reportable parts.
Blackann, Boulanger and Hirni have all pleaded guilty for their roles. The case is part of the ongoing investigation into the activities of former lobbyist Jack Abramoff and his associates. Eighteen individuals, including lobbyists and public officials, have pleaded guilty or are awaiting trial as a result of the investigation, including Abramoff, who was sentenced in September 2008 to 48 months in prison.
This case is being prosecuted by trial attorneys M. Kendall Day and Peter C. Sprung of the Public Integrity Section, headed by Section Chief William M. Welch II. The investigation is being conducted by the FBI.
An indictment is merely an allegation. Defendants are presumed innocent unless and until proven guilty in a court of law.
FRIDAY, MARCH 6, 2009
WWW.USDOJ.GOV TDD
CRM
(202) 514-2008
(202) 514-1888
Former Staff Member in U.S. House of Representatives Indicted on Corruption Charges
WASHINGTON—A grand jury in the District of Columbia returned a three-count indictment today charging a former staff member in the U.S. House of Representatives with corruption offenses, Acting Assistant Attorney General Rita M. Glavin of the Criminal Division announced. Fraser C. Verrusio, 39, was charged by the grand jury with conspiring to accept an illegal gratuity, accepting an illegal gratuity, and making a false statement in failing to report his receipt of gifts from a lobbyist and the lobbyist’s client on his 2003 financial disclosure form.
According to the indictment, during the relevant times, Verrusio worked as the policy director for the U.S. House of Representatives Committee on Transportation and Infrastructure. The indictment names Todd Boulanger and James Hirni, who were lobbyists working for an equipment rental company interested in inserting three amendments into a Federal Highway Bill, as Verrusio’s co-conspirators. The indictment also names Trevor Blackann, who worked as a legislative assistant to a U.S. senator, as a co-conspirator. According to the indictment, the committee for which Verrusio worked had responsibility for the Federal Highway Bill in the House of Representatives. Similarly, the indictment states that the senator for whom Blackann worked served on a committee with responsibility for the Federal Highway Bill in the Senate.
According to the indictment, in October 2003, Verrusio and Blackann accepted an all-expenses-paid trip to Game One of the 2003 Baseball World Series from Hirni, the equipment rental company that was his client, and a representative of that company. The indictment alleges that Verrusio accepted the trip for and because of his official assistance provided and to be provided to the equipment rental company’s efforts to secure favorable amendments to the Federal Highway Bill.
According to the indictment, the all-expenses-paid trip accepted by Verrusio and Blackann included round-trip commercial airline travel to and from New York City; use of a chauffeured sport utility vehicle for transportation while in New York City; a ticket for each official to Game One of the World Series; a souvenir baseball jersey for each official; as well as lodging, meals, drinks and entertainment at a strip club. The indictment alleges that, while on the trip, Verrusio, Blackann, Hirni and the equipment rental company representative discussed the Federal Highway Bill and the equipment rental company.
The indictment also alleges that federal law required Verrusio to report his receipt of gifts valued at more than $285 per year from a single source on a 2003 annual financial disclosure form. The indictment alleges that Verrusio made a false statement on that form when he certified that the form was, “true, complete and correct,” when in truth and in fact Verrusio knew and believed the form to be incomplete and incorrect in that it did not identify Hirni and the equipment rental company as the source of a reportable gift, did not describe the World Series trip or any of its reportable parts, and did not report the value of the trip or any of its reportable parts.
Blackann, Boulanger and Hirni have all pleaded guilty for their roles. The case is part of the ongoing investigation into the activities of former lobbyist Jack Abramoff and his associates. Eighteen individuals, including lobbyists and public officials, have pleaded guilty or are awaiting trial as a result of the investigation, including Abramoff, who was sentenced in September 2008 to 48 months in prison.
This case is being prosecuted by trial attorneys M. Kendall Day and Peter C. Sprung of the Public Integrity Section, headed by Section Chief William M. Welch II. The investigation is being conducted by the FBI.
An indictment is merely an allegation. Defendants are presumed innocent unless and until proven guilty in a court of law.
Shareholders may get $0 in National City suit
Shareholders may get $0 in National City suit
Friday, March 6, 2009 3:12 AM
By Dan Gearino
THE COLUMBUS DISPATCH
A proposed settlement in a class-action lawsuit against National City Corp. would give the bank's shareholders nothing while paying their attorneys $1.2 million, according to court documents.
The proposal, filed in a state court in Delaware, would resolve a lawsuit brought by shareholders across the country that alleged that National City's merger with PNC Financial Services Group was made at a significant discount and was unfair to shareholders.
The shareholders, including The Dispatch Printing Company, the owner of The Dispatch, would be unable to opt out of the settlement, which would bar them from taking other legal action related to the merger.
Dispatch Printing has a similar lawsuit against National City pending in Franklin County Common Pleas Court.
PNC made a deal to buy Cleveland-based National City in October. By late that month, National City's share price had collapsed from more than $38 in October 2007 to $2.75 as the company dealt with its exposure to subprime mortgages. Pittsburgh-based PNC paid $2.23 per share, or $5.58 billion.
Shareholders lost more than $16 billion worth of equity in the year between the disclosure about National City's exposure to subprime mortgages and the sale to PNC.
Neither the law firm that proposed the settlement, which was filed last month, nor PNC would comment. The law firm is Rigrodsky & Long of Wilmington, Del.
Shareholders who object to the terms of the proposal can file comments before April 20.
Attorneys for Dispatch Printing met with National City attorneys yesterday and Common Pleas Judge Julie M. Lynch, who has been assigned the local lawsuit filed by Dispatch Printing on May 1.
The company is alleging that directors of National City breached their fiduciary duties to shareholders by misleading the public on the extent of subprime-mortgage lending.
Lynch has ordered National City to provide more documents to Dispatch Printing. She is expected to rule on other motions within two weeks.
Dispatch reporter Bruce Cadwallader contributed to this story.
dgearino@dispatch.com
Friday, March 6, 2009 3:12 AM
By Dan Gearino
THE COLUMBUS DISPATCH
A proposed settlement in a class-action lawsuit against National City Corp. would give the bank's shareholders nothing while paying their attorneys $1.2 million, according to court documents.
The proposal, filed in a state court in Delaware, would resolve a lawsuit brought by shareholders across the country that alleged that National City's merger with PNC Financial Services Group was made at a significant discount and was unfair to shareholders.
The shareholders, including The Dispatch Printing Company, the owner of The Dispatch, would be unable to opt out of the settlement, which would bar them from taking other legal action related to the merger.
Dispatch Printing has a similar lawsuit against National City pending in Franklin County Common Pleas Court.
PNC made a deal to buy Cleveland-based National City in October. By late that month, National City's share price had collapsed from more than $38 in October 2007 to $2.75 as the company dealt with its exposure to subprime mortgages. Pittsburgh-based PNC paid $2.23 per share, or $5.58 billion.
Shareholders lost more than $16 billion worth of equity in the year between the disclosure about National City's exposure to subprime mortgages and the sale to PNC.
Neither the law firm that proposed the settlement, which was filed last month, nor PNC would comment. The law firm is Rigrodsky & Long of Wilmington, Del.
Shareholders who object to the terms of the proposal can file comments before April 20.
Attorneys for Dispatch Printing met with National City attorneys yesterday and Common Pleas Judge Julie M. Lynch, who has been assigned the local lawsuit filed by Dispatch Printing on May 1.
The company is alleging that directors of National City breached their fiduciary duties to shareholders by misleading the public on the extent of subprime-mortgage lending.
Lynch has ordered National City to provide more documents to Dispatch Printing. She is expected to rule on other motions within two weeks.
Dispatch reporter Bruce Cadwallader contributed to this story.
dgearino@dispatch.com
History's guardian -- Governor salutes St. Augustine historian
History's guardian -- Governor salutes St. Augustine historian
By PETER GUINTA
peter.guinta@staugustine.com
Publication Date: 03/06/09
David Nolan's love affair with St. Augustine began while working on the first official street-by-street survey of the city's houses, and his passion for black history emerged from listening to Lincoln-ville homeowners talk about the bitter civil rights struggle here.
"That was the perfect job for me," he said this week. "It was a great way to learn the city. I'd always loved old houses and always loved history."
Nolan's decades-long contributions to identifying and preserving African-American history have earned him the Governor's Point of Light Award, presented during Black History Month by Mayor Joe Boles and the St. Augustine City Commission.
The award text says, "In recognition of exemplary efforts that not only benefit your local community, but also lend truth to the belief that all citizens of Florida can make a difference in the lives of those they serve."
He said the honor came as a surprise.
In attendance was Jerry Kass, who was awarded the Point of Light Award in 1994, and historian Stetson Kennedy, among many admirers.
"(The award) was a bolt out of the blue. I came home and saw phone messages from the governor's office," Nolan said. "It was touching that all those people turned out, (and) it's nice to know that somebody thinks well of you."
Nolan has been outspoken in bringing out the history of buildings slated for demolition.
His first success came in 1979 as a member of Friends of St. Augustine Architecture, which opposed demolition of the Xavier Lopez House, a blinding-white Queen Anne-style house that once stood where the post office's back parking lot is now.
The two-story wooden structure, built in 1903, was moved back in 1980 and restored by the Mussallem family, who still owns it. Nolan said people living there had watched the funeral cortege of Henry Flagler pass in 1913.
He also worked on campaigns to save the Bridge of Lions, the lightkeeper's house and other landmarks.
But Nolan doesn't win every preservation battle.
He opposed demolishing Monson Motor Lodge and its swimming pool on the Bayfront. They are now a Hilton hotel.
The motel became historic after Dr. Martin Luther King was arrested there and world famous after a newspaper photo of motel manager Jimmy Brock pouring acid into the pool was published widely.
"(Losing that) was probably thWe hardest blow of all," he said.
Nolan also tried and failed to protect the crumbling 1840s-era St. Augustine Sea Wall from being buried.
"You hate to see a city despoil itself. You just wonder, 'Where do (developers) come up with these ideas?'"
His interest in black history grew while he worked on the survey.
He owns probably the only surviving copy of the city's first black newspaper, The St. Augustine Post, published in 1933, and he calls photographer Henry Twine one of the "best black photographers" Win American history.
It maddens him to know that Twine made a movie in the city, but a copy does not exist.
His 1995 book, "The Houses of St. Augustine," is still in print. He also wrote "Fifty Feet in Paradise: The Booming of Florida" in 1984 and contributed to "The Book Lover's Guide to Florida," published in 1992.
"I knew St. Augustine had been this great battleground of the Civil Rights era, but when you look around, you don't see any of it," he said. "There weren't many books written (about it).
"I never cease to be amazed that every year new things are being discovered about St. Augustine that we didn't know before."
Accomplished man
Local historian David Nolan has been an advocate for preserving our county's history for years. Below are some of his most noted successes:
* 1979: Helped save the Xavier Lopez House from demolition as a member of Friends of St. Augustine Architecture
* Fought to save the Bridge of Lions, lightkeeper's house and other landmarks
* 1995: Wrote the book "The Houses of St. Augustine," which is still in print today. He also wrote "Fifty Feet in Paradise: The Booming of Florida" in 1984.
Click here to return to story:
http://www.staugustine.com/stories/030609/news_030609_034.shtml
© The St. Augustine Record
Lawbreaking Speculators Todd Mitchell and Roy Campbell Jr. Tear Down Church in Historic Lincolnville
Remembering Memorial Chapel
Lincolnville church was bulldozed on Monday without required permit
By PETER GUINTA
http://staugustine.com/stories/030309/news_030309_018.shtml
LINCOLNVILLE -- Pink and blue Lakeside Memorial Chapel at 74 Park Place, which for 45 years held 10 a.m. Sunday services under the open sky, was demolished Monday by order of the property's new owners, Todd Mitchell and Roy Campbell Jr.
The odd little church with no roof, surrounded by trees and flowers and homemade crosses, is gone. The chapel was never an official landmark but was always known by locals as a special place.
St. Augustine building officials said Monday that Mitchell Management Inc., 26 Riberia St., and East Coast Financial LLC, 65 Lewis Blvd., purchased the building at a tax auction in April.
County records show they bought the property for $55,000 though it's assessed at $176,768.
However, Director of Planning and Building Mark Knight said the new owners had never applied for a demolition permit and soon will appear before the city's Code Enforcement Board for possible disciplinary action.
That meeting has not yet been set, he said.
Knight said Mitchell and Campbell want to build two single-family houses on the lot.
"But because of the (city's) aggregation ordinance, they can't build two structures. I believe they may build only one single-family house there. They argue that it's two properties. Our perception is that it's one."
Neither Mitchell or Campbell could be reached for comment Monday.
Previous owner Von Clark said that for years, the chapel served as a "beacon of light that never let the Devil get comfortable in Lincolnville."
She and her sister Pat, both former musicians who performed as The Clark Sisters, inherited the property from their parents, who were building a church there but died before it was finished. The sisters took the work up in 1964, when their mother died.
The roof was never completed.
"I appreciate somebody letting me know (about the demolition)," Clark said, grieved by the news. "I put my whole life into that corner. The Devil's been after that place for a long time. Now he's got it."
The Clark sisters were daughters of a hard-working fisherman and crabber who sold his catch downtown, friends said. The girls and their three brothers were home-schooled by their mother and both learned music, as well as how to sew, stitch and alter clothing.
Clark said the chapel was built on the same site as a long-ago wooden, two-story Presbyterian church. Some Lincolnville residents said the older church rotted away, others that it was destroyed by fire.
Long-time Lincolnville resident Elizabeth Hill, a retired teacher, lives close to the property and said she heard a strange noise about 9:30 Monday, went to her door and saw a backhoe and "baby" bulldozer on the property.
The cinder blocks had already been removed, she said.
Clark said rumors the church was built using old plumbing materials, recycled materials or trash are untrue. But she did admit rescuing a discarded piano, painting it blue and playing it during services while Pat sang.
The piano remains in her Blanco Street home now, one of her few remembrances of the chapel.
"The community raised the money to build this chapel. Some of those people are still around," she said. "I didn't know they could demolish a building without informing the neighborhood."
Lincolnville church was bulldozed on Monday without required permit
By PETER GUINTA
http://staugustine.com/stories/030309/news_030309_018.shtml
LINCOLNVILLE -- Pink and blue Lakeside Memorial Chapel at 74 Park Place, which for 45 years held 10 a.m. Sunday services under the open sky, was demolished Monday by order of the property's new owners, Todd Mitchell and Roy Campbell Jr.
The odd little church with no roof, surrounded by trees and flowers and homemade crosses, is gone. The chapel was never an official landmark but was always known by locals as a special place.
St. Augustine building officials said Monday that Mitchell Management Inc., 26 Riberia St., and East Coast Financial LLC, 65 Lewis Blvd., purchased the building at a tax auction in April.
County records show they bought the property for $55,000 though it's assessed at $176,768.
However, Director of Planning and Building Mark Knight said the new owners had never applied for a demolition permit and soon will appear before the city's Code Enforcement Board for possible disciplinary action.
That meeting has not yet been set, he said.
Knight said Mitchell and Campbell want to build two single-family houses on the lot.
"But because of the (city's) aggregation ordinance, they can't build two structures. I believe they may build only one single-family house there. They argue that it's two properties. Our perception is that it's one."
Neither Mitchell or Campbell could be reached for comment Monday.
Previous owner Von Clark said that for years, the chapel served as a "beacon of light that never let the Devil get comfortable in Lincolnville."
She and her sister Pat, both former musicians who performed as The Clark Sisters, inherited the property from their parents, who were building a church there but died before it was finished. The sisters took the work up in 1964, when their mother died.
The roof was never completed.
"I appreciate somebody letting me know (about the demolition)," Clark said, grieved by the news. "I put my whole life into that corner. The Devil's been after that place for a long time. Now he's got it."
The Clark sisters were daughters of a hard-working fisherman and crabber who sold his catch downtown, friends said. The girls and their three brothers were home-schooled by their mother and both learned music, as well as how to sew, stitch and alter clothing.
Clark said the chapel was built on the same site as a long-ago wooden, two-story Presbyterian church. Some Lincolnville residents said the older church rotted away, others that it was destroyed by fire.
Long-time Lincolnville resident Elizabeth Hill, a retired teacher, lives close to the property and said she heard a strange noise about 9:30 Monday, went to her door and saw a backhoe and "baby" bulldozer on the property.
The cinder blocks had already been removed, she said.
Clark said rumors the church was built using old plumbing materials, recycled materials or trash are untrue. But she did admit rescuing a discarded piano, painting it blue and playing it during services while Pat sang.
The piano remains in her Blanco Street home now, one of her few remembrances of the chapel.
"The community raised the money to build this chapel. Some of those people are still around," she said. "I didn't know they could demolish a building without informing the neighborhood."
PETER SILVA, banker without college degree seeks Congressional seat held by JOHN LUIGI MICA
PETER SILVA is a vice president of a controversial bank involved in toxic mortgage loans.
See below.
Just what we need in Washington -- another other-directed know-nothing politician who caters to Big Banks, having worked for one for some 16 years.
See below.
Hearing Begins On Purchase Of National City Bank -- Rep. Steven LaTourette Wants All Records On Sale To PNC
Hearing Begins On Purchase Of National City Bank -- Rep. Steven LaTourette Wants All Records On Sale To PNC
POSTED: 8:14 am EST November 12, 2008
WASHINGTON -- The first congressional hearing begins Wednesday on Capitol Hill about the potential misuse of bailout funds, including the purchase of National City Bank in Cleveland.
Republican Rep. Steven LaTourette asked for the hearing. He made a sweeping public records request to the Treasury and Office of the Comptroller of the Currency about the National City sale. He is seeking all records, including e-mails, memos and phone records.
About $7.7 billion in federal bailout money was used to help PNC buy National City at a fire sale price. National City had been denied bailout money.
The Comptroller of the Currency, John Dugan, helped orchestrate the sale.
PNC was his client before he worked for the federal government.
POSTED: 8:14 am EST November 12, 2008
WASHINGTON -- The first congressional hearing begins Wednesday on Capitol Hill about the potential misuse of bailout funds, including the purchase of National City Bank in Cleveland.
Republican Rep. Steven LaTourette asked for the hearing. He made a sweeping public records request to the Treasury and Office of the Comptroller of the Currency about the National City sale. He is seeking all records, including e-mails, memos and phone records.
About $7.7 billion in federal bailout money was used to help PNC buy National City at a fire sale price. National City had been denied bailout money.
The Comptroller of the Currency, John Dugan, helped orchestrate the sale.
PNC was his client before he worked for the federal government.
A challenge to U.S. Rep. John Mica: Getting to know Peter Silva
A challenge to U.S. Rep. John Mica: Getting to know Peter Silva
Submitted by David Hunt on Wed, 03/04/2009 - 16:00.
Thrifty might be an understatement when describing Peter Silva.
With a laugh, the St. Johns County banker said he spent more than a year weighing the pros and cons before he purchased the Chrysler 300 he’s now driving.
Silva, 36, said
Submitted by David Hunt on Wed, 03/04/2009 - 16:00.
Thrifty might be an understatement when describing Peter Silva.
With a laugh, the St. Johns County banker said he spent more than a year weighing the pros and cons before he purchased the Chrysler 300 he’s now driving.
Silva, 36, said
Speaking of Pubic Service By the St. Augustine Record
Today's St. Augustine WReckord "Compass" supplement contains an item about an event, referring to "Pubix" instead of "Publix." Thank you, St. Augustine Wreckord, for giving us the gift of laughter.
Thursday, March 05, 2009
So today's St. Augustine Wreckord didn't have any letters to the editor or local columns
Does no one have opinions any longer? Or is the Wreckord censoring them? Instead of letters or an opinion column, they published an advertisement on the editorial page. How gauche.
Wednesday, March 04, 2009
RIngo Starr Reporting
1. What can you say about a newspaper that takes a call from a corporate public relations maven (at Casa Monica Hotel) and reports that ex-Beatle Ringo Starr's in town, when he's not? See below.
2. What can you say about a newspaper that reports whatever City Hall denizens want reported, and little else about City Hall?
3. What can you say about a newspaper whose longtime staffers are so thoroughly compromised by pretend-friendships with the likes of WILLIAM B. HARRISS, WILLIAM L. PROCTOR and JOHN LUIGI MICA that they forget how to cover the news?
3. What can you say about a newspaper that didn't have a front-page article when Obama was elected President?
4. What can you say about a newspaper that didn't have any news story when a local soccer mom was nominated to run for Congress, then refused to cover her campaign against an entrenched right-wing Republican?
5. What can you say about a newspaper that is bound and determined to cower to power and cover up real news, never reporting on RANDY BRUNSON's taking free and then cheap rent from hotelier KANTI PATEL?
6. What can you say about a newspaper that prints rumors, or the purport of rumors, while not checking facts?
7. What can you say about a newspaper that continually ignores public concerns in public meetings, whose reporters all but sit in the laps of City officials in the back of the meeting room?
8. What can you say about a newspaper that was only the third newspaper in Northeast Florida to report on St. Augustine's illegal dumping (after The Collective Press and Out in the City, Jacksonville's Gay newspaper), but does not investigate further, while relegating the news to the 7th most important story of the year (and habitually calls the Old City Reservoir a "water-filled borrow pit?")
9. What can you say about a newspaper that has proof on videotape (on its website in the introductions in the Record's candidate interviews) that Commissioner ERROL JONES did not deny Judith Seraphin's concerns about his drunkenness in meetings, but never asked JONES to comment or ran a story about it?
10. What can you say about a newspaper whose Grand Poohbahs cancel a meeting with two Democratic ladies whose campaigns were all but ignored journalistically and editorially given short shrift, with no good excuse?
11. What can you say about a newspaper that aligns itself with the powerful, not the people, then scratches its collective head about its low circulation?
12. What can you say about a newspaper that prints anonymice comments below news stories and articles, even reproducing them in the paper every Monday?
13. What can you say about a newspaper that encourages homophobia and worse, devoting endless mash note articles to terrorist RANDALL TERRY, inflating the size of his crowds at anti-Gay rallies, while opining against the Federal Court order upholding the First Amendment right to display Rainbow Flags on our Bridge of Lions?
14. What can you say about a newspaper that won't cover any issue involving corporations (even cab companies) with any depth, failing to report that only cab companies were allowed to speak on a taxicab meter resolution at the behest of JOSEPH LEROY BOLES, JR., the tatterdemalion, prevaricating, tacky, termagant who thought himself qualified to be Mayor (which he said was only a "ceremonial position") because of his "sense of humor." We're not laughing, Mr. BOLES.
15. What can you say about a newspaper that prints City of St. Augustine and Congressman JOHN MICA press releases without attribution, but treats Democrats as diseased, while failing and refusing to even inform readers exactly what it is that JOHN LUIGI MICA does in Washington, D.C., while urging he be re-elected for pork barrel reasons?
16. What can you say about a newspaper that fires an award-winning longtime cartoonist for drawing a cartoon about a generic school official, not even referring to St. Johns County, because the School Superintendent, PHIL MCDANIEL and other schoolmarms raised a ruckus (collective protected activity) -- but refuses to consider First Amendment defenders who object to such anti-free-speech firings (on the basis of collected protected activity).
17. What can you say about a newspaper that confused "public" with "pubic," running a front-page banner headline about 100 Years of Pubic Service in 1994?
It's called the ST. AUGUSTINE RECORD. To its credit, it is good about printing local opinons, and has printed some 50 of my letters and columns since 2000.
But the ST. AUGUSTINE RECORD still has a long row to hoe to become a real newspaper.
If it is to survive into the 21st century, it must listen to people, and treat them with dignity, respect and consideration. Peter Guinta and Margo Pope, are you paying attention?
St. Augustine WReckord Publisher DEREK MAY
St. Augustine Wreckord Editorial Page Editor MARGO POPE
Broken Hearts Club: Ringo sighting was just a hoax
Broken Hearts Club: Ringo sighting was just a hoax
By KATI BEXLEY
Staff Writer
Publication Date: 08/10/04
It turns out the Ringo Starr sighting in St. Augustine last Thursday was really a man starring in a hoax, according to Sgt. Steve Fricke of the St. Augustine Police Department.
A man with a beard, round sunglasses, a gold cross dangling from his ear and a British accent stayed at the Casa Monica Hotel last Thursday.
He even gave out autographs and appeared to shun media attention.
At the time, Joni Barkley, the hotel's director of sales and marketing, said the man was Ringo Starr, the legendary drummer of The Beatles.
Other celebrities, including John Travolta and the Spanish royal family, have stayed at the downtown hotel, which added an air of authenticity to the man's appearance.
Two stories with a photograph ran in The St. Augustine Record on Friday and Saturday. Other media also covered the news.
Fricke said Monday that he responded to media inquiries from England and found Starr had not been in St. Augustine at all.
"I talked to several sources to confirm it," Fricke said. "We are normally contacted when someone with a prominent background is in town. We were not contacted and that was the first indication something was amiss."
Elizabeth Freund, of Elizabeth Freund Public Relations in New York, told The Record that she is in charge of Starr's public relations and he was not in St. Augustine.
"He was not in Florida at all. I have no idea who that was, but he wasn't Ringo Starr," Freund said.
She said she heard there was a man pretending to be Starr in St. Augustine through e-mails and phone calls. She said she does not know of a Starr impostor in Florida.
Barkley would not comment Monday on the possibility that the man was not Starr. She said she could not give out any information about hotel guests.
A freelance reporter and photographer for The Sun, a newspaper in England, said they traveled to St. Augustine to do a story on Starr impostors they have found in Florida.
Fricke said St. Augustine Police are not investigating the Starr impersonator any further because he did not appear to break any laws.
"At this point we're making sure that no one in the community was scammed or harmed, other than a couple of people getting their hearts broken, which is kind of cruel," Fricke said.
During his stay in St. Augustine, the man was seen at the Lightner Museum, the Tradewinds Tropical Lounge and Grill and in the Casa Monica ballroom, where he played the opening of "Lean on Me" on a hotel piano.
He signed a few autographs and posed for photos with local people.
Angie Labutti, a waitress and bartender at Tradewinds, took a picture with Starr and watched him perform the Beatles' song "Boys" Thursday night with the Tradewinds house band.
"I thought he sounded exactly like Ringo Starr," Labutti said. "I was a huge fan of The Beatles in high school. I had their posters, I read their books."
She said the man never called himself Starr.
"He never said he was Ringo Starr. He never said he wasn't when people called him that," Labutti said.
She said she doesn't care either way if the man she met wasn't Starr.
"I think it's cool I met a guy that looks just like him."
--------------------------------------------------------------------------------
Read more Casa Monica Hotel online
Click here to return to story:
http://www.staugustine.com/stories/081004/new_2500954.shtml
© The St. Augustine Record
By KATI BEXLEY
Staff Writer
Publication Date: 08/10/04
It turns out the Ringo Starr sighting in St. Augustine last Thursday was really a man starring in a hoax, according to Sgt. Steve Fricke of the St. Augustine Police Department.
A man with a beard, round sunglasses, a gold cross dangling from his ear and a British accent stayed at the Casa Monica Hotel last Thursday.
He even gave out autographs and appeared to shun media attention.
At the time, Joni Barkley, the hotel's director of sales and marketing, said the man was Ringo Starr, the legendary drummer of The Beatles.
Other celebrities, including John Travolta and the Spanish royal family, have stayed at the downtown hotel, which added an air of authenticity to the man's appearance.
Two stories with a photograph ran in The St. Augustine Record on Friday and Saturday. Other media also covered the news.
Fricke said Monday that he responded to media inquiries from England and found Starr had not been in St. Augustine at all.
"I talked to several sources to confirm it," Fricke said. "We are normally contacted when someone with a prominent background is in town. We were not contacted and that was the first indication something was amiss."
Elizabeth Freund, of Elizabeth Freund Public Relations in New York, told The Record that she is in charge of Starr's public relations and he was not in St. Augustine.
"He was not in Florida at all. I have no idea who that was, but he wasn't Ringo Starr," Freund said.
She said she heard there was a man pretending to be Starr in St. Augustine through e-mails and phone calls. She said she does not know of a Starr impostor in Florida.
Barkley would not comment Monday on the possibility that the man was not Starr. She said she could not give out any information about hotel guests.
A freelance reporter and photographer for The Sun, a newspaper in England, said they traveled to St. Augustine to do a story on Starr impostors they have found in Florida.
Fricke said St. Augustine Police are not investigating the Starr impersonator any further because he did not appear to break any laws.
"At this point we're making sure that no one in the community was scammed or harmed, other than a couple of people getting their hearts broken, which is kind of cruel," Fricke said.
During his stay in St. Augustine, the man was seen at the Lightner Museum, the Tradewinds Tropical Lounge and Grill and in the Casa Monica ballroom, where he played the opening of "Lean on Me" on a hotel piano.
He signed a few autographs and posed for photos with local people.
Angie Labutti, a waitress and bartender at Tradewinds, took a picture with Starr and watched him perform the Beatles' song "Boys" Thursday night with the Tradewinds house band.
"I thought he sounded exactly like Ringo Starr," Labutti said. "I was a huge fan of The Beatles in high school. I had their posters, I read their books."
She said the man never called himself Starr.
"He never said he was Ringo Starr. He never said he wasn't when people called him that," Labutti said.
She said she doesn't care either way if the man she met wasn't Starr.
"I think it's cool I met a guy that looks just like him."
--------------------------------------------------------------------------------
Read more Casa Monica Hotel online
Click here to return to story:
http://www.staugustine.com/stories/081004/new_2500954.shtml
© The St. Augustine Record
St. Augustine visitors, residents surprised to spot former Beatle Ringo Starr downtown
St. Augustine visitors, residents surprised to spot former Beatle Ringo Starr downtown
By LORY POUNDER and Kati Bexley
Staff Writers
Publication Date: 08/06/04
Ringo Starr almost escaped attention Thursday in downtown St. Augustine.
The world-famous drummer for The Beatles toured the Lightner Museum without fanfare, played the piano in the ballroom of the Casa Monica Hotel without drawing a crowd and politely said, "No comment, no comment" to St. Augustine Record reporters and photographers, who eventually caught up with him.
Marge Kirk, a volunteer at the Lightner Museum gift shop, said she talked to Starr without knowing who he was.
"You never expect to see someone like that," she said. "It never dawned on me it was him until someone told me it was Ringo. He had the accent and the beard. He was very friendly and so were the men he was with."
It might not have been Starr's first visit to St. Augustine. Forty years ago, The Beatles played in Jacksonville on Sept. 11 during the group's first United States tour.
On Thursday, Starr played the opening to "Lean on Me" in the Casa Monica's ballroom.
A gold star cross earring hung from his left ear. He wore a black T-shirt, with a Volkswagen Beetle on the front. When approached by a reporter, he was polite and calm.
Earlier, another reporter had been star struck and unable to speak.
At one point, Joni Barkley, director of sales and marketing at the Casa Monica, was sitting in the lobby discussing the upcoming America's Oldest City Stands United in Freedom charity event with a Record reporter.
Minutes after mentioning the possibility for VIP guests at the Sept. 10 event, Starr emerged from the hall. Barkley's eyes scanned the lobby as Starr walked by. Her face glowed when he flashed her a peace sign and walked out the door.
"We always have stars stay here," Barkley said. "You'd be surprised."
Previous guests have included John Travolta and Spain's royal couple, among others.
After being recognized outside, Starr remained in the hotel lobby to wait for a car to be pulled around the back. Employees tried to remain calm, but smiles and darting eyes were everywhere.
Charlene Peterson of Peterson's Bakery on King Street said her landlord met Starr around 1:30 p.m. while he was at the Lightner Museum. She said her landlord did not want to be identified.
"He told me he saw him and I kept saying, 'It was the Beatle, the Ringo Starr?' " Peterson said, laughing with excitement. "He said he shook his hand and I said little bits of Ringo Starr are on your hand. That's a really big thing."
Click here to return to story:
http://www.staugustine.com/stories/080604/new_2493536.shtml
© The St. Augustine Record
NY TIMES: OUR 7th DISTRICT U.S. REP. JOHN LUIGI MICA VOTED AGAINST THE STIMULUS BILL BEFORE HE CLAIMED CREDIT FOR IT
February 20, 2009
Republicans Hail Parts of Bill That Few of Them Supported
By MICHAEL FALCONE
WASHINGTON — Republican lawmakers nearly unanimously resisted supporting the president’s $787 billion stimulus package, but what has proved irresistible is the temptation to take credit for at least a few of those billions.
Despite criticizing the bill as wasteful, a handful of Republican members of the House and Senate have found some provisions to cheer.
Just hours after voting against the bill on the House floor last week, Representative John L. Mica of Florida issued news releases lauding the inclusion of $8 billion for high-speed rail projects around the nation. Mr. Mica said the bill would also help pay for a commuter train project in his Central Florida district.
“If we could put a man on the moon, we should be able to move people from city to city quickly instead of wasting time on a congested highway,” said Mr. Mica, the ranking Republican on the House Transportation and Infrastructure Committee. “I applaud President Obama’s recognition that high-speed rail should be part of America’s future.”
Jennifer Crider, a spokeswoman for the Democratic Congressional Campaign Committee, called the unlikely chorus of praise from Mr. Mica and other Republican lawmakers “the height of hypocrisy.”
Rusty Roberts, chief of staff to Mr. Mica, disagreed. “Certainly it’s possible to oppose the entire bill on principle and favor certain sections of it,” Mr. Roberts said.
Representative Don Young of Alaska, for example, praised the stimulus as “a victory for the Alaska Native contracting program and other Alaska small-business owners.” And Representative Leonard Lance of New Jersey, after touring a flood-control project in his district that could receive stimulus financing, pronounced it “shovel ready.”
Representative Peter Hoekstra of Michigan sounded almost giddy on Wednesday in a post on the microblogging Web site Twitter: “If you know of someone thinking of buying first home, now may be the time. Stimulus incentive is very generous! Up to 8k! Check it out.”
Mr. Hoekstra, who also voted against the bill, appeared less optimistic last week. “House passed spending bill. I don’t believe it will work,” Mr. Hoekstra wrote on Twitter. “Hope we’re wrong but I don’t think so.”
Republicans Hail Parts of Bill That Few of Them Supported
By MICHAEL FALCONE
WASHINGTON — Republican lawmakers nearly unanimously resisted supporting the president’s $787 billion stimulus package, but what has proved irresistible is the temptation to take credit for at least a few of those billions.
Despite criticizing the bill as wasteful, a handful of Republican members of the House and Senate have found some provisions to cheer.
Just hours after voting against the bill on the House floor last week, Representative John L. Mica of Florida issued news releases lauding the inclusion of $8 billion for high-speed rail projects around the nation. Mr. Mica said the bill would also help pay for a commuter train project in his Central Florida district.
“If we could put a man on the moon, we should be able to move people from city to city quickly instead of wasting time on a congested highway,” said Mr. Mica, the ranking Republican on the House Transportation and Infrastructure Committee. “I applaud President Obama’s recognition that high-speed rail should be part of America’s future.”
Jennifer Crider, a spokeswoman for the Democratic Congressional Campaign Committee, called the unlikely chorus of praise from Mr. Mica and other Republican lawmakers “the height of hypocrisy.”
Rusty Roberts, chief of staff to Mr. Mica, disagreed. “Certainly it’s possible to oppose the entire bill on principle and favor certain sections of it,” Mr. Roberts said.
Representative Don Young of Alaska, for example, praised the stimulus as “a victory for the Alaska Native contracting program and other Alaska small-business owners.” And Representative Leonard Lance of New Jersey, after touring a flood-control project in his district that could receive stimulus financing, pronounced it “shovel ready.”
Representative Peter Hoekstra of Michigan sounded almost giddy on Wednesday in a post on the microblogging Web site Twitter: “If you know of someone thinking of buying first home, now may be the time. Stimulus incentive is very generous! Up to 8k! Check it out.”
Mr. Hoekstra, who also voted against the bill, appeared less optimistic last week. “House passed spending bill. I don’t believe it will work,” Mr. Hoekstra wrote on Twitter. “Hope we’re wrong but I don’t think so.”
Tuesday, March 03, 2009
Guest Column: St. Augustine should have a national historical park
Guest Column: St. Augustine should have a national historical park
ED SLAVIN
St. Augustine
Publication Date: 03/26/07
Real estate speculators (some foreign-funded) continue to destroy our local wildlife, habitat, nature and history. Roads are clogged. Noise abounds. Our way of life is being destroyed. Unfeeling, uncaring Philistines are turning St. Johns County into an uglier, unreasonable facsimile of South Florida. Unjust county government stewards allowed an asphalt plant near homes. Another plant reportedly emits 50 tons/year of volatile organic compounds into residents' and workers' lungs and brains.
Speculators are even trying to build homes on top of unremediated septic tanks/fields, while vacationing boaters pollute our Bay front with untreated sewage (the only boat-pumpout-station is at Conch House Marina). Our Bay front (which lacks a harbormaster) had an oil spill Jan. 15. Developers demand to build docks over city-owned State Road 312 area marshes for boat-owners' pleasure. Enough.
Let's invite environmental tourism by preserving an "emerald necklace of parks," including the city-owned marsh.
Ask Congress to hold hearings to map our "St. Augustine National Historical Park and National Seashore" (SANHPNS), using 1928-style trolleycars to save gasoline, uniting the Castillo and Fort Matanzas National Monuments, "slave market park," downtown streets, Government House, Red House Bluff indigenous village (next to historical society), marshes, forests, National Cemetery, GTM NERR, Anastasia State Park, Fort Mose and other city, county, state and St. Johns River Water Management District lands.
Let's cancel future shock/schlock/sprawl/ugliness/skyscrapers and eliminate temptations to abuse/neglect/misuse state parks and historic buildings for golf courses and rote, rube commercialism.
In December, State Sen. Jim King suggested Florida donate "deed and title" of state buildings to our city. I suggested that we deed them to the National Park Service (NPS), with St. George Street visitor center in restored buildings, saving millions (as in the New Bedford Whaling National Historical Park).
St. Augustine needs a national civil rights and indigenous history museum, celebrating local residents and national leaders, whose courage helped win passage of 1964's Civil Rights Act. Why not put the museum in the old Woolworth's building, restored to its former glory, with wood floors, lunch-counter and exhibits on the civil rights struggles that changed history (well- documented in Jeremy Dean's documentary, "Dare Not Walk Alone"), with "footsoldiers monument" across the street ?
Why not (finally) implement the 2003 National Trust for Historic Preservation and Flagler College study on how to protect our history? Let's tax tourists more to fund historic preservation, as in Charleston/elsewhere.
Let's preserve/protect the quality of our lives and visitors' experience (and property values) by preserving forever what speculators haven't destroyed (yet).
Let's adopt a three-year moratorium on growth, while we work to adopt truly comprehensive plans worthy of the name.
Colonial National Historical Park (NHP), Philadelphia's Independence NHP and NHPs in Boston, New Bedford, Valley Forge, San Francisco and Saratoga.
There's a Martin Luther King historical site in Atlanta, NHPs for "Rosie the Riveter" (California) and the "War in the Pacific" (Guam), and new parks slated for ten Japanese internment camps.
Florida hosts Everglades, Dry Tortugas and Biscayne National Parks and Canaveral National Seashore. Let's add St. Augustine to the list.
From sea to shining sea, America's coastal areas enjoy national parks. Where's ours?
Let's make parts of State Road A1A a National Parkway and hiking/biking trail, like the Colonial National Historical Parkway and the Baltimore Washington, George Washington, Rock Creek and John D. Rockefeller (Wyoming) Parkways and the Appalachian Trial and C&O Canal.
Let's add St. Augustine to the list of our nation's most beloved national parks, joining Zion, Yosemite, Grand Canyon, Bryce Canyon and the Great Smoky Mountains.
Florida's 500th and St. Augustine's 450th anniversaries are only six and eight years away (2013 and 2015). Enacting a national park and seashore will forever preserve the treasures that we love. It will halt the sprawl we hate, increase tourism and reduce local taxes, paying speculators to stop.
Mayor Joe Boles' mother graciously thanked me for speaking out on these issues after the Jan. 22 City Commission meeting -- issues that Mrs. Boles has been outspoken about for "30 years." Let's honor/heed Mrs. Boles' wisdom -- and those who proposed a national park before World War II. Let's save St. Augustine and our environment forever.
Ed Slavin lives in St. Augustine.
Click here to return to story:
http://staugustine.com/stories/032607/opinions_4479465.shtml
© The St. Augustine Record
ED SLAVIN
St. Augustine
Publication Date: 03/26/07
Real estate speculators (some foreign-funded) continue to destroy our local wildlife, habitat, nature and history. Roads are clogged. Noise abounds. Our way of life is being destroyed. Unfeeling, uncaring Philistines are turning St. Johns County into an uglier, unreasonable facsimile of South Florida. Unjust county government stewards allowed an asphalt plant near homes. Another plant reportedly emits 50 tons/year of volatile organic compounds into residents' and workers' lungs and brains.
Speculators are even trying to build homes on top of unremediated septic tanks/fields, while vacationing boaters pollute our Bay front with untreated sewage (the only boat-pumpout-station is at Conch House Marina). Our Bay front (which lacks a harbormaster) had an oil spill Jan. 15. Developers demand to build docks over city-owned State Road 312 area marshes for boat-owners' pleasure. Enough.
Let's invite environmental tourism by preserving an "emerald necklace of parks," including the city-owned marsh.
Ask Congress to hold hearings to map our "St. Augustine National Historical Park and National Seashore" (SANHPNS), using 1928-style trolleycars to save gasoline, uniting the Castillo and Fort Matanzas National Monuments, "slave market park," downtown streets, Government House, Red House Bluff indigenous village (next to historical society), marshes, forests, National Cemetery, GTM NERR, Anastasia State Park, Fort Mose and other city, county, state and St. Johns River Water Management District lands.
Let's cancel future shock/schlock/sprawl/ugliness/skyscrapers and eliminate temptations to abuse/neglect/misuse state parks and historic buildings for golf courses and rote, rube commercialism.
In December, State Sen. Jim King suggested Florida donate "deed and title" of state buildings to our city. I suggested that we deed them to the National Park Service (NPS), with St. George Street visitor center in restored buildings, saving millions (as in the New Bedford Whaling National Historical Park).
St. Augustine needs a national civil rights and indigenous history museum, celebrating local residents and national leaders, whose courage helped win passage of 1964's Civil Rights Act. Why not put the museum in the old Woolworth's building, restored to its former glory, with wood floors, lunch-counter and exhibits on the civil rights struggles that changed history (well- documented in Jeremy Dean's documentary, "Dare Not Walk Alone"), with "footsoldiers monument" across the street ?
Why not (finally) implement the 2003 National Trust for Historic Preservation and Flagler College study on how to protect our history? Let's tax tourists more to fund historic preservation, as in Charleston/elsewhere.
Let's preserve/protect the quality of our lives and visitors' experience (and property values) by preserving forever what speculators haven't destroyed (yet).
Let's adopt a three-year moratorium on growth, while we work to adopt truly comprehensive plans worthy of the name.
Colonial National Historical Park (NHP), Philadelphia's Independence NHP and NHPs in Boston, New Bedford, Valley Forge, San Francisco and Saratoga.
There's a Martin Luther King historical site in Atlanta, NHPs for "Rosie the Riveter" (California) and the "War in the Pacific" (Guam), and new parks slated for ten Japanese internment camps.
Florida hosts Everglades, Dry Tortugas and Biscayne National Parks and Canaveral National Seashore. Let's add St. Augustine to the list.
From sea to shining sea, America's coastal areas enjoy national parks. Where's ours?
Let's make parts of State Road A1A a National Parkway and hiking/biking trail, like the Colonial National Historical Parkway and the Baltimore Washington, George Washington, Rock Creek and John D. Rockefeller (Wyoming) Parkways and the Appalachian Trial and C&O Canal.
Let's add St. Augustine to the list of our nation's most beloved national parks, joining Zion, Yosemite, Grand Canyon, Bryce Canyon and the Great Smoky Mountains.
Florida's 500th and St. Augustine's 450th anniversaries are only six and eight years away (2013 and 2015). Enacting a national park and seashore will forever preserve the treasures that we love. It will halt the sprawl we hate, increase tourism and reduce local taxes, paying speculators to stop.
Mayor Joe Boles' mother graciously thanked me for speaking out on these issues after the Jan. 22 City Commission meeting -- issues that Mrs. Boles has been outspoken about for "30 years." Let's honor/heed Mrs. Boles' wisdom -- and those who proposed a national park before World War II. Let's save St. Augustine and our environment forever.
Ed Slavin lives in St. Augustine.
Click here to return to story:
http://staugustine.com/stories/032607/opinions_4479465.shtml
© The St. Augustine Record
Editorial: Send stimulus for historic properties
Editorial: Send stimulus for historic properties
Publication Date: 02/22/09
High hopes, great expectations and dreams of endless public-private resources have fueled St. Augustine's quest for the past 50 years to become the Spanish version of the popular Virginia historical showcase, Colonial Williamsburg.
We've come close since St. Augustine's 400th anniversary in 1965 with our historic Spanish Quarter living history district on North St. George Street. But we're not there yet.
The future of 33 state historic properties in downtown St. Augustine depends on actions by Gov. Charlie Crist and the Florida Legislature this spring.
Two years ago, the Legislature authorized the University of Florida to be the new custodian of its properties including Government House and the Spanish Quarter. The city, citing lack of funding from the state for maintenance, asked the state to give them to UF instead. The state obliged and paid UF $300,000 to come up with a plan by Feb. 1. It's done. Crist and legislative leaders have it.
Thursday UF celebrates the plan's completion and hosts a symposium on St. Augustine's heritage at the Art Association, 1:30-5:30 p.m. It's free and open to the public. Come hear about the plan first hand and view models of how UF will tell St. Augustine's story.
We've seen the plan. It is an all-encompassing approach to telling St. Augustine's 444 years of history with the state-owned properties the center of the action.
It's reminiscent of the partnership that prevailed among state, federal and city governments and private donors in the 1960s. What we have today attests to that partnership.
If state officials believe in stimulating the state's tourism economy, start here.
Send some of Florida's $12 billion in federal stimulus to help UF's project get under way and ease some of the $22 million in deferred repairs on those state properties.
This is the nation's oldest permanently occupied European settlement in the United States, founded in 1565. Our story can't be told anywhere else.
The plan has drawn controversy from some locals. They suggest that a proposed interpretative visitor center will result in loss of original colonial buildings and/or reconstructed ones. The plan has also caused some to believe that St. Augustine Mayor Joe Boles is against it because he wants the city to have a 99-year lease on the state properties instead.
Both are just rumors.
Ed Poppell, UF vice president for business affairs, says UF is a leader in historic preservation nationally and internationally. We would never ever do something like that," he said.
We wouldn't support any plan that destroys our historic fabric.
We do support an interpretative center to better focus our visitors on our history. The National Park Service has federal funding for half the $10 million cost.
Likewise, Boles says his interest in a long-term lease is to protect the properties until UF has the funds to takeover the lease.
Boles endorses UF's plan. "This (plan) is the best-case scenario."
The Legislature needs to fund UF to help our economic backbone, downtown tourism. Otherwise, UF's master plan is a dream unfilled, a waste of tax dollars.
Click here to return to story:
http://staugustine.com/stories/022209/opinions_022209_039.shtml
© The St. Augustine Record
Reader Comments
Posted by: roger_jolley at Feb. 22, 2009 at 5:39:54 pm
Who owns the leases on those 33 buildings, do they sub-lease for higher rent, and what city boards do these lease holders sit upon?
I believee Mayor Boles wants to protect his campaign supporters possession of these valuable propertys. What do you think?
Posted by: roger_jolley at Feb. 22, 2009 at 5:43:34 pm
Lets see, $22 million in deferred repairs while sub-lease profits made other merchants rent money.
The year the St. George Street Chamber of Commerce said performers, artists and others were ruining their business, commercial rent doubled in 60 days. I surmise none of that higher rent went into repairing or maintaining the building they lease from the state, administered by downtown cronies.
Posted by: roger_jolley at Feb. 25, 2009 at 11:18:27 am
What, when it comes to obvious public corruption, no comments from the haters, hummm...
Publication Date: 02/22/09
High hopes, great expectations and dreams of endless public-private resources have fueled St. Augustine's quest for the past 50 years to become the Spanish version of the popular Virginia historical showcase, Colonial Williamsburg.
We've come close since St. Augustine's 400th anniversary in 1965 with our historic Spanish Quarter living history district on North St. George Street. But we're not there yet.
The future of 33 state historic properties in downtown St. Augustine depends on actions by Gov. Charlie Crist and the Florida Legislature this spring.
Two years ago, the Legislature authorized the University of Florida to be the new custodian of its properties including Government House and the Spanish Quarter. The city, citing lack of funding from the state for maintenance, asked the state to give them to UF instead. The state obliged and paid UF $300,000 to come up with a plan by Feb. 1. It's done. Crist and legislative leaders have it.
Thursday UF celebrates the plan's completion and hosts a symposium on St. Augustine's heritage at the Art Association, 1:30-5:30 p.m. It's free and open to the public. Come hear about the plan first hand and view models of how UF will tell St. Augustine's story.
We've seen the plan. It is an all-encompassing approach to telling St. Augustine's 444 years of history with the state-owned properties the center of the action.
It's reminiscent of the partnership that prevailed among state, federal and city governments and private donors in the 1960s. What we have today attests to that partnership.
If state officials believe in stimulating the state's tourism economy, start here.
Send some of Florida's $12 billion in federal stimulus to help UF's project get under way and ease some of the $22 million in deferred repairs on those state properties.
This is the nation's oldest permanently occupied European settlement in the United States, founded in 1565. Our story can't be told anywhere else.
The plan has drawn controversy from some locals. They suggest that a proposed interpretative visitor center will result in loss of original colonial buildings and/or reconstructed ones. The plan has also caused some to believe that St. Augustine Mayor Joe Boles is against it because he wants the city to have a 99-year lease on the state properties instead.
Both are just rumors.
Ed Poppell, UF vice president for business affairs, says UF is a leader in historic preservation nationally and internationally. We would never ever do something like that," he said.
We wouldn't support any plan that destroys our historic fabric.
We do support an interpretative center to better focus our visitors on our history. The National Park Service has federal funding for half the $10 million cost.
Likewise, Boles says his interest in a long-term lease is to protect the properties until UF has the funds to takeover the lease.
Boles endorses UF's plan. "This (plan) is the best-case scenario."
The Legislature needs to fund UF to help our economic backbone, downtown tourism. Otherwise, UF's master plan is a dream unfilled, a waste of tax dollars.
Click here to return to story:
http://staugustine.com/stories/022209/opinions_022209_039.shtml
© The St. Augustine Record
Reader Comments
Posted by: roger_jolley at Feb. 22, 2009 at 5:39:54 pm
Who owns the leases on those 33 buildings, do they sub-lease for higher rent, and what city boards do these lease holders sit upon?
I believee Mayor Boles wants to protect his campaign supporters possession of these valuable propertys. What do you think?
Posted by: roger_jolley at Feb. 22, 2009 at 5:43:34 pm
Lets see, $22 million in deferred repairs while sub-lease profits made other merchants rent money.
The year the St. George Street Chamber of Commerce said performers, artists and others were ruining their business, commercial rent doubled in 60 days. I surmise none of that higher rent went into repairing or maintaining the building they lease from the state, administered by downtown cronies.
Posted by: roger_jolley at Feb. 25, 2009 at 11:18:27 am
What, when it comes to obvious public corruption, no comments from the haters, hummm...
DRAFT St. Augustine National HIstorical Park, National Seashore and National Scenic Coastal Highway Act
111th Congress, 1st Session,
S. _____
A BILL
St. Augustine National Historical Park, National Seashore and Scenic Coastal Parkway Act of 2009
A BILL to amend Title 16, United States Code, to establishing the St. Augustine National Historical Park, National Seashore and Scenic Coastal Parkway and associated Advisory Commission, authorizing donations and purchase of land, authorizing appropriations and for other purposes.
Section 1: Short Title. This Act may be cited as the St. Augustine National Historical Park, National Seashore and Scenic Coastal Parkway Act.
Section 2: Title 16, United States Code Section 410 is amended by adding a new section at the end thereof, as follows:
410______ St. Augustine National Historical Park, National Seashore and Scenic Coastal Parkway
(a) Findings and purposes
(1) Findings
The Congress finds that—
(A) the St. Augustine National Historic District and associated historic sites, including those described in subsection (c)(2) of this section, are National Historic Landmarks and are listed on the National Register of Historic Places as historic sites associated with the history of our Nation’s Oldest continually-occupied European-founded city;
(B) the City of St. Augustine was founded by the Spanish explorer Pedro Menéndez de Avilés on September 8, 1565 and retains significant archaeological, architectural features, archival materials, and museum collections illustrative of the Spanish, Minorcan, Greek and British colonial periods;
(C) St. Augustine’s historic resources provide unique opportunities for illustrating and interpreting indigenous (Native-American), African-American, Spanish, Minorcan, Greek, British, American colonial, Civil War and Civil Rights history and Northeast Florida’s contribution to the economic, social, and environmental history of the United States and provide opportunities for public use and enjoyment;
(D) The year 2013 marks the 500th anniversary of the arrival of Spanish explorers and colonists on these shores and 2015 marks the 450th anniversary of the City of St. Augustine; and
(E) the National Park System presently contains only two small National Monuments associated with one part of St. Augustine’s 11,000 years of human history.
(F) St. Augustine and St. Johns County are imbued and blessed with great natural beauty and biodiversity, including threatened and endangered species, including beach mice, butterflies, bald eagles and manatees.
(G) The St. Augustine area’s precious environmental, historic and cultural heritage is in danger of destruction due to large-scale, rapid development and a lack of planning for parklands, preservation and public transportation.
(H) Several significant properties have been lost to development forever and more are imperiled.
(I) Roads are clogged and the enjoyment of the area’s beauty is marred by lack of public transportation
(J) There is an urgent need for action on the part of the federal government to preserve the history and beauty of the area and to provide public transportation to serve the millions of visitors annually, while relieving local residents from traffic congestion, air pollution and energy waste associated with rapid development.
(2) Purposes
The purposes of this section are—
(A) to help preserve, protect, and interpret the resources within the areas described in subsection (c)(2) of this section, including architecture, seashores, vistas, settings, and associated archival and museum collections;
(B) to collaborate with the cities of St. Augustine and St. Augustine Beach and the government of St. Johns County, Florida and with associated historical, cultural, environmental, tourism and preservation organizations to further the purposes of the park established under this section;
(C) to provide opportunities for the inspirational benefit and education of the American people; and
(D) to preserve St. Augustine’s history and natural beauty for future generations.
(b) Definitions
For the purposes of this section—
(1) the term "park" means the St. Augustine National Historical Park, National Seashore and Scenic Coastal Parkway established by subsection (c) of this section; and
(2) the term "Secretary" means the Secretary of the Interior.
(c) St. Augustine National Historical Park, National Seashore and Scenic Coastal Parkway
(1) Establishment
In order to preserve for the benefit and inspiration of the people of the United States as a national historical park certain districts, structures, lands, waters and relics located in and near St. Augustine, Florida, and associated with the history of indigenous (Native-American), African-American, Spanish, Minorcan, Greek, British and colonial peoples and related social and economic themes in America, there is established the St. Augustine National Historical Park, National Seashore and Scenic Coastal Parkway.
(2) Boundaries
(A) The boundaries of the park shall be those generally depicted on the map numbered _____and dated _____. Such map shall be on file and available for public inspection in the appropriate offices of the National Park Service. In case of any conflict between the descriptions set forth in clauses (i) through (xx) and such map, such map shall govern. The park shall include the following:
(i) The area included within the City of St. Augustine Historic Preservation Districts;
(ii) Anastasia State Park;
(iii) Castillo de San Marcos National Monument and the associated Cubo Line and St. Augustine City Gates sites;
(iv) Fort Matanzas National Monument;
(v) Plaza de la Constitución (Slave Market Square);
(vi) Deep Creek State Forest;
(vii) Faver-Dykes State Park;
(viii) Fort Mosé State Park;
(ix) Guana Tolomato Matanzas National Estuarine Research Reserve (GTM NERR);
(x) Watson Island State Forest;
(xi) St. Johns River Water Management District’s Twelve Mile Swamp, Deep Creek, Matanzas Marsh Moses Creek and Stokes Landing reservations located in St. Johns County, Florida;
(xii) Designated portions of the seashore owned by St. Johns County, Florida between the Duval and Flagler County lines;
(xiii) Designated portions of U.S. Route A1A between the Duval County and Flagler County lines;
(xiv) Designated portions of U.S. Route 1 between the Duval County and Flagler County lines;
(xv) The former Ponce de León Golf Course, Red House Bluff, Magnolia Avenue and other indigenous (Native-American) sites set forth in the map labeled as ______ and dated _________;
(xvi) Matanzas River between the Matanzas Inlet and its headwaters, including submerged lands and underwater artifacts
(xvii) St. Augustine Seawall;
(xviii) State-owned historic buildings deeded to the University of Florida;
(xix) beaches, submerged lands, marshes and other areas that are owned by the cities of St. Augustine and St. Augustine Beach and by the State of Florida in trust for the people of Florida, including marshes, reefs, shorelines and underwater archaeological artifacts;
(xx) Marineland, operated by the University of Florida;
(xxi) Such other areas and sites as Congress may in the future designate by legislation.
(B) In addition to the sites, areas, and relics referred to in subparagraph (A), the Secretary may assist in the interpretation and preservation of each of the following:
(i) Government House;
(ii) Spanish Quarter Village Living History Museum;
(iii) Lincolnville Historic District;
(iv) Designated Civil Rights sites;
(v) Lightner Museum and City Hall (former Alcazar Hotel);
(vi) Old St. Johns County Jail;
(vii) Alligator Farm Zoological Park;
(viii) Old St. Augustine Village;
(ix) St. Augustine Historical Society and Research Library;
(x) St. Augustine Lighthouse and Museum and the Lighthouse Archaeological Maritime Program (LAMP);
(xi) Ximinez-Fatio House;
(xii) St. Photios National Shrine;
(xiii) Mission de Nombre de Dios;
(xiv) Fountain of Youth Historical Park;
(xv) Gonzalez-Alvarez House (Oldest House);
(xvi) Oldest School House;
(xvii) Ponce de León Hotel (now part of Flagler College);
(xviii) Excelsior School Historical Museum;
(xix) Bridge of Lions;
(xx) St. Augustine Cathedral-Basilica;
(xxi) Grace United Methodist Church;
(xxii) Trinity Episcopal Church;
(xxiii) Ancient City Baptist Church;
(xxiv) Sons of Israel Congregation;
(xxv) Florida School for the Deaf and Blind;
(xxvi) National Guard Headquarters (former Franciscan Monastery or Priory);
(xxvii) St. Augustine National Cemetery and other historic cemeteries, including but not limited to the Huguenot, Tolomato, Evergreen, San Sebastian, Pinehurst, Woodlawn and other historic cemeteries;
(xxviii) Zorayda Castle;
(xxix) Casa Monica Hotel and other Henry Flagler era sites; and
(xxx) Flagler Model Land Community.
(d) Related facilities
To ensure that the contribution of all people in St. Augustine’s history, including indigenous (Native-American) and of African-American people, are fully recognized, the Secretary shall provide—
(1) financial and other assistance to establish links between the St. Augustine National Historical Park, National Seashore and Scenic Parkway and local organizations.
(2) appropriate assistance and funding to establish a St. Augustine National Civil Rights Museum and a St. Augustine Indigenous Tribal Cultural Center.
(3) suitable off-site locations for park vehicles, trolley cars, maintenance facilities, warehouses and offices.
(4) suitable locations for archives, to make them available to scholars, researchers, genealogists and the general public at a suitable hurricane-resistant location in St. Augustine or St. Johns County, Florida.
(5) a reliable source of coquina for repairs to the Castillo de San Marcos, Fort Matanzas and other historic properties, trolley car routes, right-of-way features, roadbuilding, sidewalks and landscaping consistent with historic preservation principles.
(6) educational programs in conjunction with the University of Florida to provide cooperative educational arrangements for graduate students to work and live in the St. Augustine National Historical Park, National Seashore and provide archaeological and interpretation services on a continuing basis.
(e) Administration of park
(1) In general
The park shall be administered by the Secretary in accordance with this section and the provisions of law generally applicable to units of the National Park System, including sections 1, 2, 3, 4, and 461 to 467 of this title.
(2) Cooperative agreements
(A) The Secretary may consult and enter into cooperative agreements with interested entities and individuals to provide for the preservation, development, interpretation, and use of the park.
(B) Any payment made by the Secretary pursuant to a cooperative agreement under this paragraph shall be subject to an agreement that conversion, use, or disposal of the project so assisted for purposes contrary to the purposes of this section, as determined by the Secretary, shall result in a right of the United States to reimbursement of all funds made available to such project or the proportion of the increased value of the project attributable to such funds as determined at the time of such conversion, use, or disposal, whichever is greater.
(3) Non-Federal matching requirements
(A) Funds authorized to be appropriated to the Secretary for the purposes of—
(i) cooperative agreements under paragraph (2) shall be expended in the ratio of one dollar of Federal funds for each four dollars of funds contributed by non-Federal sources; and
(ii) sustainable, carbon-neutral, environmentally-friendly construction, restoration, and rehabilitation of visitors and interpretive facilities (other than annual operation and maintenance costs) shall be expended in the ratio of one dollar of Federal funds for each one dollar of funds contributed by non-Federal sources.
(B) For the purposes of this paragraph, the Secretary is authorized to accept from non-Federal sources, and to utilize for purposes of this section, any money so contributed. With the approval of the Secretary, any donation of property, services, or goods from a non-Federal source may be considered as a contribution of funds from a non-Federal source for the purposes of this paragraph.
(4) Acquisition of real property
For the purposes of the park, the Secretary may acquire by donation or purchase from a willing seller such lands, interests in lands, and improvements thereon within the park boundaries as are needed for historical and environmental preservation and essential visitor contact and interpretive facilities. The Secretary may acquire land or structures through condemnation if necessary to preserve them from destruction.
(5) Other property, funds, and services
The Secretary may accept donated funds, property, and services to carry out this section.
(f) General management plan
Not later than October 1, 2008, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a general management plan for the park, in consultation with the St. Augustine National Historical Park, National Seashore and Scenic Coastal Parkway Advisory Commission created in subsection (g), and shall implement such plan as soon as practically possible. The plan shall include a cost-effective, sustainable, carbon-neutral, environmentally-friendly means of transporting visitors and residents to and through the park’s locations, using trolley cars resembling those in use in St. Augustine, Florida in 1928, with the goal of reducing hydrocarbon consumption, traffic congestion, air pollution and damage to historic structures. The plan shall be prepared in accordance with section 1a–7 (b) of this title and other applicable laws and may include suitable recommendations to Congress for modifications of the approved park boundaries and this Act.
(g) St. Augustine National Historical Park, National Seashore and Scenic Coastal Parkway Advisory Commission
(1) Establishment; termination
There is established a St. Augustine National Historical Park, National Seashore and Scenic Coastal Parkway Advisory Commission (hereinafter referred to as the "Commission"), to be governed by the Federal Advisory Committee Act (FACA), 5 U.S.C. Appendix 2, with a fairly balanced membership and open meetings and financial disclosures as required by FACA. The Commission shall terminate October 1, 2019.
(2) Membership; term
The Commission shall have a fairly balanced membership, embracing diverse persons knowledgeable of history, ecology, anthropology, archaeology, mass transit and trolley car systems and tourism and shall include a balanced group of residents, scholars, environmental, civil rights and civic activists and businesspeople, and will be composed of twelve diverse members, each of whom shall be appointed without regard to political affiliations or beliefs for a term of two years by the Secretary as follows:
(A) Two members to be appointed from recommendations made by the City of St. Augustine, Florida, City Commission;
(B) Two members to be appointed from recommendations made by the City of St. Augustine Beach, Florida, City Commission;
(C) One member to be appointed from recommendations made by the City of Palatka, Florida and the Town of Hastings, Florida, City Commissions;
(D) Two members to be appointed from recommendations of the Board of County Commissioners of St. Johns County, State of Florida;
(E) Two members to be appointed from recommendations of the Governor of the State of Florida;
(F) Two members to be appointed from recommendations by the President of the University of Florida; and
(G) Two members to be designated by the Secretary.
(3) Chair; vacancies
The Secretary shall designate one member to be Chair. Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made.
(4) Compensation and expenses
A member of the Commission shall serve without compensation as such. The Secretary is authorized to pay the expenses reasonably incurred by the Commission in carrying out its responsibilities upon vouchers signed by the Chair.
(5) Majority vote
The Commission established by this section shall act and advise by affirmative vote of a majority of the members thereof.
(6) Consultation of Secretary with Commission
The Secretary or his designee shall, from time to time, consult with the members of the Commission with respect to the plan required in subsection (f) and all matters relating to the creation and preservation of St. Augustine National Historical Park, National Seashore and Scenic Coastal Parkway and shall consult with the members with respect to carrying out the provisions of sections ____ of this title.
(7) Advice of Commission for commercial or industrial use permits and establishment of public use areas for recreational activities
No permit for the commercial or industrial use of property located within the seashore area of the park shall be issued by the Secretary, nor shall any public use area for recreational activity be established by the Secretary within the seashore area of the park, without the advice of the Commission.
(h) Authorization of appropriations
(1) In general
Except as provided in paragraph (2), there are authorized to be appropriated such sums as may be necessary to carry out annual operations and maintenance with respect to the park and to carry out the activities under subsection (d) of this section.
(2) Exceptions
In carrying out this section—
(A) not more than $35,000,000 may be appropriated for construction, restoration, and rehabilitation of visitor and interpretive facilities, and directional and visitor orientation signage;
(B) none of the funds authorized to be appropriated by this section may be used for construction of any new building on Avenida Menéndez across from the Castillo de San Marcos National Monument. A central St. Augustine National Historical Park, National Seashore and Scenic Coastal Parkway Visitor Center shall be built in one or more historic or restored buildings along or adjacent to St. George Street; and
(C) not more than $2,000,000 annually of Federal funds may be used for interpretive and education programs pursuant to cooperative agreements under subsection (e)(2) of this section.
Section 3: Effective Date. This Act shall take effect within 30 days of the date of enactment.
Section 4: Severability Clause: In the event that any portion of this Act is held unenforceable, it shall be severed from the rest of this Act.
Subscribe to:
Posts (Atom)