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Friday, February 27, 2009
"Uniquely Qualified" Is Not the Same As "Sole Source Procurement:
Our City of St. Augustine Has Hired SLEM GEORGE GARDNER to write a newsletter for $1250/month. As it says in Ecclesiastes, "Vanity of vanity, all is vanities."
Is GARDNER really an "independent contractor?"
Was it legal for our City to hire GARDNER as a consultant without competitive bidding?
See below for the latest in the saga of the crooked City of St. Augustine.
It was then-Mayor GARDNER who first told me on February 24, 2006 that the illegally dumped material in our Old City Reservoir was "clean fill."
As longtime EPA regulator John Marler told me, "there are no bedsprings in clean fill." He also said there are no toilets, either.
Chauvinistic SLEM GARDNER and his confreres let City Manager WILLIAM B. HARRISS guide them around by their noses. They gave him an award -- a placque -- in the midst of a pending criminal investigation.
Now, as hush money (or a deferred bribe, as Ralph Nader would call it), SLEM GARDNER's writing a dumb 'ole newsletter for $1250/month. It's our money.
See below for more on the latst on the SLEM GARDNER Newsletter Scandal.
Is GARDNER really an "independent contractor?"
Was it legal for our City to hire GARDNER as a consultant without competitive bidding?
See below for the latest in the saga of the crooked City of St. Augustine.
It was then-Mayor GARDNER who first told me on February 24, 2006 that the illegally dumped material in our Old City Reservoir was "clean fill."
As longtime EPA regulator John Marler told me, "there are no bedsprings in clean fill." He also said there are no toilets, either.
Chauvinistic SLEM GARDNER and his confreres let City Manager WILLIAM B. HARRISS guide them around by their noses. They gave him an award -- a placque -- in the midst of a pending criminal investigation.
Now, as hush money (or a deferred bribe, as Ralph Nader would call it), SLEM GARDNER's writing a dumb 'ole newsletter for $1250/month. It's our money.
See below for more on the latst on the SLEM GARDNER Newsletter Scandal.
Sounds Like SLEM GARDNER May Not Really Be An "Independent Contractor" -- What Do You Reckon?
See the 20 question test, below.
IS SLEM GARDNER REALLY AN "INDEPENDENT CONTRACTOR" OF THE CITY OF ST. AUGUSTINE -- 20 FACTOR TEST BELOW
Employee or Independent Contractor:
20 Tests
Question: "I hire people periodically for special projects. When can I hire someone as an independent contractor versus an employee?"
Many companies would prefer to hire some, or even all, of their workers as "independent contractors." When an independent contractor provides a service or product, the service recipient does not have to withhold employment taxes, pay social security taxes (FICA), or pay unemployment tax. However, the category into which the workers fit is determined by the conditions under which they work and the kind of work they do. You may not simply select a category and define them as you desire.
The list that follows gives 20 factors or "tests" used by the IRS when determining whether a person is an employee or and independent contractor. The question of "Who controls the details?" appears to be the primary basis on which the determination is made.
1. Actual instruction or direction of worker. A worker who is required to comply with instructions about when, where and how to work is ordinarily an employee. The instructions may be in the form of manuals or written procedures that show how the desired result is to be accomplished.
2. Training of a worker by an experienced employee working with him by correspondence, by required attendance at meetings and by other methods is a factor indicating control by the employer over the particular method of performance.
3. Integration of the person's services in the business operations generally shows that he is subject to direction and control.
4. If the services must be rendered personally, it indicates an interest in the methods, as well as the results. Lack of control may be indicated when the person has the right to hire a substitute with the permission or knowledge of the employer.
5. Hiring, supervising, and payments to assistants on the same job as the worker generally show employer control over the job.
6. The existence of a continuing relationship between an individual and the person for whom he performs services tends to indicate an employer-employee relationship.
7. The establishment of set hours of work by the employer bars the worker from being master of his own time, which is the right of the independent contractor.
8. Full-time work required for the business in indicative of control by the employer since it restricts the worker from doing other gainful work.
9. Doing the work on the employer's premises implies employer control, especially where the work is of such a nature that it could be done elsewhere.
10. If the order of the performance of services is, or may be, set by the employer, control by the employer may be indicated.
11. The submission of regular oral or written reports indicates control since the worker must account for his actions.
12. If the manner of payment is by the hour, week or month, an employer-employee relationship probably exists; whereas, payment on a commission or job basis is customary where the worker is an independent contractor.
13. Payment of the worker's business expenses by the employer indicates control of the worker.
14. The furnishing of tools, materials, etc., by the employer indicates control over the worker.
15. A significant investment by the worker in facilities used by him in performing services for another tends to show an independent status.
16. The possibility of a profit or loss for the worker as a result of his services generally shows independent contractor status.
17. Work for a number of persons at the same time often indicates independent contractor status because the worker is usually free, in such cases, from control by any of the firms.
18. The availability of services to the general public usually indicates independent contractor status.
19. The right of discharge is that of an employer. An independent contractor, on the other hand, cannot be "fired" without incurring liability if he is producing a result that measures up to his contract specifications.
20. The right to quit at any time without incurring liability indicates an employer-employee relationship.
http://www.missouribusiness.net/docs/20_tests_employee_contractor.asp
20 Tests
Question: "I hire people periodically for special projects. When can I hire someone as an independent contractor versus an employee?"
Many companies would prefer to hire some, or even all, of their workers as "independent contractors." When an independent contractor provides a service or product, the service recipient does not have to withhold employment taxes, pay social security taxes (FICA), or pay unemployment tax. However, the category into which the workers fit is determined by the conditions under which they work and the kind of work they do. You may not simply select a category and define them as you desire.
The list that follows gives 20 factors or "tests" used by the IRS when determining whether a person is an employee or and independent contractor. The question of "Who controls the details?" appears to be the primary basis on which the determination is made.
1. Actual instruction or direction of worker. A worker who is required to comply with instructions about when, where and how to work is ordinarily an employee. The instructions may be in the form of manuals or written procedures that show how the desired result is to be accomplished.
2. Training of a worker by an experienced employee working with him by correspondence, by required attendance at meetings and by other methods is a factor indicating control by the employer over the particular method of performance.
3. Integration of the person's services in the business operations generally shows that he is subject to direction and control.
4. If the services must be rendered personally, it indicates an interest in the methods, as well as the results. Lack of control may be indicated when the person has the right to hire a substitute with the permission or knowledge of the employer.
5. Hiring, supervising, and payments to assistants on the same job as the worker generally show employer control over the job.
6. The existence of a continuing relationship between an individual and the person for whom he performs services tends to indicate an employer-employee relationship.
7. The establishment of set hours of work by the employer bars the worker from being master of his own time, which is the right of the independent contractor.
8. Full-time work required for the business in indicative of control by the employer since it restricts the worker from doing other gainful work.
9. Doing the work on the employer's premises implies employer control, especially where the work is of such a nature that it could be done elsewhere.
10. If the order of the performance of services is, or may be, set by the employer, control by the employer may be indicated.
11. The submission of regular oral or written reports indicates control since the worker must account for his actions.
12. If the manner of payment is by the hour, week or month, an employer-employee relationship probably exists; whereas, payment on a commission or job basis is customary where the worker is an independent contractor.
13. Payment of the worker's business expenses by the employer indicates control of the worker.
14. The furnishing of tools, materials, etc., by the employer indicates control over the worker.
15. A significant investment by the worker in facilities used by him in performing services for another tends to show an independent status.
16. The possibility of a profit or loss for the worker as a result of his services generally shows independent contractor status.
17. Work for a number of persons at the same time often indicates independent contractor status because the worker is usually free, in such cases, from control by any of the firms.
18. The availability of services to the general public usually indicates independent contractor status.
19. The right of discharge is that of an employer. An independent contractor, on the other hand, cannot be "fired" without incurring liability if he is producing a result that measures up to his contract specifications.
20. The right to quit at any time without incurring liability indicates an employer-employee relationship.
http://www.missouribusiness.net/docs/20_tests_employee_contractor.asp
City of St. Augustine Says GARDNER, ZEIDLER "Uniquely Qualified," But Does Not Say It Was "Sole Source." Are These Contracts Legal?
Mr. Slavin,
I received you phone call and have just now returned from meetings. I apologize
for I must have written your number down incorrectly for there was no answer or
answering machine.
To answer your questions, neither the consultant's contract for Ms. Jeanne
Zeidler or the consultant's agreement with Mr. Gardner were "bid-out," and both
are seen as uniquely qualified for the services they will provide.
I have attached a copy of the press release that was distributed on February 13
regarding The St. Augustine Report. I believe my quote in the third paragraph
will explain the strength behind Mr. Gardner's unique qualifications to provide
this service. Please note that the agreement is on a month-to-month basis and
may be canceled by either party with 15 days notice.
Regarding Ms. Zeidler, whose contract is funded with TDC funds, her knowledge of
the planning, development, implementation, and follow-up of Jamestown 2007
uniquely qualifies her to assist the city in the creation of a commemoration of
the founding of St. Augustine. In addition, her experience is fresh because of
the recent conclusion of Jamestown 2007's program, and she has immediate access
to action plans, organizational profiles, and a vast amount of template forms
and procedures that are certain to be adaptable to St. Augustine's
commemoration. Lastly, as an elected official of a city with a vast amount of
parallels to St. Augustine, Ms. Zeidler is fully aware of the proper role and
limitations as well as the opportunities faced by a small local government
working with state and federal agencies and the private and non-profit community
to produce and host an event of international proportions.
I sincerely hope this information answers your questions.
_____________________________
Paul K. Williamson
Public Affairs Director
City of St. Augustine
P. O. Box 210
St. Augustine, FL 32085
Phn: 904.825.1004
Fax: 904.825.1096
Email: pwilliamson@ci.st-augustine.fl.us
Web site: www.staugustinegovernment.com
I received you phone call and have just now returned from meetings. I apologize
for I must have written your number down incorrectly for there was no answer or
answering machine.
To answer your questions, neither the consultant's contract for Ms. Jeanne
Zeidler or the consultant's agreement with Mr. Gardner were "bid-out," and both
are seen as uniquely qualified for the services they will provide.
I have attached a copy of the press release that was distributed on February 13
regarding The St. Augustine Report. I believe my quote in the third paragraph
will explain the strength behind Mr. Gardner's unique qualifications to provide
this service. Please note that the agreement is on a month-to-month basis and
may be canceled by either party with 15 days notice.
Regarding Ms. Zeidler, whose contract is funded with TDC funds, her knowledge of
the planning, development, implementation, and follow-up of Jamestown 2007
uniquely qualifies her to assist the city in the creation of a commemoration of
the founding of St. Augustine. In addition, her experience is fresh because of
the recent conclusion of Jamestown 2007's program, and she has immediate access
to action plans, organizational profiles, and a vast amount of template forms
and procedures that are certain to be adaptable to St. Augustine's
commemoration. Lastly, as an elected official of a city with a vast amount of
parallels to St. Augustine, Ms. Zeidler is fully aware of the proper role and
limitations as well as the opportunities faced by a small local government
working with state and federal agencies and the private and non-profit community
to produce and host an event of international proportions.
I sincerely hope this information answers your questions.
_____________________________
Paul K. Williamson
Public Affairs Director
City of St. Augustine
P. O. Box 210
St. Augustine, FL 32085
Phn: 904.825.1004
Fax: 904.825.1096
Email: pwilliamson@ci.st-augustine.fl.us
Web site: www.staugustinegovernment.com
City of St. Augustine Says GARDNER, ZEIDLER "Uniquely Qualified," But Does Not Say It Was "Sole Source." Are These Contracts Legal?
Mr. Slavin,
I received you phone call and have just now returned from meetings. I apologize
for I must have written your number down incorrectly for there was no answer or
answering machine.
To answer your questions, neither the consultant's contract for Ms. Jeanne
Zeidler or the consultant's agreement with Mr. Gardner were "bid-out," and both
are seen as uniquely qualified for the services they will provide.
I have attached a copy of the press release that was distributed on February 13
regarding The St. Augustine Report. I believe my quote in the third paragraph
will explain the strength behind Mr. Gardner's unique qualifications to provide
this service. Please note that the agreement is on a month-to-month basis and
may be canceled by either party with 15 days notice.
Regarding Ms. Zeidler, whose contract is funded with TDC funds, her knowledge of
the planning, development, implementation, and follow-up of Jamestown 2007
uniquely qualifies her to assist the city in the creation of a commemoration of
the founding of St. Augustine. In addition, her experience is fresh because of
the recent conclusion of Jamestown 2007's program, and she has immediate access
to action plans, organizational profiles, and a vast amount of template forms
and procedures that are certain to be adaptable to St. Augustine's
commemoration. Lastly, as an elected official of a city with a vast amount of
parallels to St. Augustine, Ms. Zeidler is fully aware of the proper role and
limitations as well as the opportunities faced by a small local government
working with state and federal agencies and the private and non-profit community
to produce and host an event of international proportions.
I sincerely hope this information answers your questions.
_____________________________
Paul K. Williamson
Public Affairs Director
City of St. Augustine
P. O. Box 210
St. Augustine, FL 32085
Phn: 904.825.1004
Fax: 904.825.1096
Email: pwilliamson@ci.st-augustine.fl.us
Web site: www.staugustinegovernment.com
I received you phone call and have just now returned from meetings. I apologize
for I must have written your number down incorrectly for there was no answer or
answering machine.
To answer your questions, neither the consultant's contract for Ms. Jeanne
Zeidler or the consultant's agreement with Mr. Gardner were "bid-out," and both
are seen as uniquely qualified for the services they will provide.
I have attached a copy of the press release that was distributed on February 13
regarding The St. Augustine Report. I believe my quote in the third paragraph
will explain the strength behind Mr. Gardner's unique qualifications to provide
this service. Please note that the agreement is on a month-to-month basis and
may be canceled by either party with 15 days notice.
Regarding Ms. Zeidler, whose contract is funded with TDC funds, her knowledge of
the planning, development, implementation, and follow-up of Jamestown 2007
uniquely qualifies her to assist the city in the creation of a commemoration of
the founding of St. Augustine. In addition, her experience is fresh because of
the recent conclusion of Jamestown 2007's program, and she has immediate access
to action plans, organizational profiles, and a vast amount of template forms
and procedures that are certain to be adaptable to St. Augustine's
commemoration. Lastly, as an elected official of a city with a vast amount of
parallels to St. Augustine, Ms. Zeidler is fully aware of the proper role and
limitations as well as the opportunities faced by a small local government
working with state and federal agencies and the private and non-profit community
to produce and host an event of international proportions.
I sincerely hope this information answers your questions.
_____________________________
Paul K. Williamson
Public Affairs Director
City of St. Augustine
P. O. Box 210
St. Augustine, FL 32085
Phn: 904.825.1004
Fax: 904.825.1096
Email: pwilliamson@ci.st-augustine.fl.us
Web site: www.staugustinegovernment.com
COSA Press Release: City “Introduces” an Already Familiar Public Information Publication -- The E-Newsletter The St. Augustine Report now a city publi
News FROM THE CITY OF ST. AUGUSTINE
Department of Public Affairs
P. O. Box 210 St. Augustine, FL 32085
PHN: 904.825.1004 FAX: 904.825.1096
EMAIL: pwilliamson@ci.st-augustine.fl.us
-- end --
For Immediate Release February 13, 2009
City “Introduces” an Already Familiar Public Information Publication -- The E-Newsletter The St. Augustine Report now a city publication
For hundreds of St. Augustine residents and business owners, former Mayor and
Commissioner George Gardner’s The St. Augustine Report plays an essential role in their effort to stay informed on city government related topics. Published at least weekly and again on Fridays before City Commission meetings, the e-newsletter has grown since its inception more than four years ago from a brief email into a graphically rich, information packed publication that covers a wide variety of topics about the events, people, organizations, activities and government decisions impacting the St. Augustine Community.
Now, in an agreement with the City of St. Augustine, The St. Augustine Report has become one of the city’s official information outlets through which the community will be kept abreast of topics related to their municipal government’s work and our community at-large.
“Mr. Gardner is a professional journalist with years of hands-on experience as a reporter and editor with a talent for asking questions and explaining answers in an easy to read style.
Combined with his insiders’ perspective and level of understanding of city government and we have someone with unique qualifications to gather information and share it with the community,” said Paul Williamson, the city’s Public Affairs Director. “The St. Augustine Report will certainly prove to be a valuable tool in our city government’s ongoing efforts to share as much information with as many people as possible,” Williamson added.
The city currently uses a number of ways to disseminate public information including
regular press releases sent to regional media; Insight, the quarterly newsletter included in utility bills; News & Notes, an email with agendas and official notices sent to nearly 400 recipients each Friday; and the city’s web site, www.staugustinegovernment.com.
The contractual agreement with Gardner requires that he produce and distribute The St. Augustine Report, an arrangement that will add the new service without using any additional staff time. The St. Augustine Report is distributed free upon request. To subscribe, email gardner@aug.com or call 904.825.3648.
Department of Public Affairs
P. O. Box 210 St. Augustine, FL 32085
PHN: 904.825.1004 FAX: 904.825.1096
EMAIL: pwilliamson@ci.st-augustine.fl.us
-- end --
For Immediate Release February 13, 2009
City “Introduces” an Already Familiar Public Information Publication -- The E-Newsletter The St. Augustine Report now a city publication
For hundreds of St. Augustine residents and business owners, former Mayor and
Commissioner George Gardner’s The St. Augustine Report plays an essential role in their effort to stay informed on city government related topics. Published at least weekly and again on Fridays before City Commission meetings, the e-newsletter has grown since its inception more than four years ago from a brief email into a graphically rich, information packed publication that covers a wide variety of topics about the events, people, organizations, activities and government decisions impacting the St. Augustine Community.
Now, in an agreement with the City of St. Augustine, The St. Augustine Report has become one of the city’s official information outlets through which the community will be kept abreast of topics related to their municipal government’s work and our community at-large.
“Mr. Gardner is a professional journalist with years of hands-on experience as a reporter and editor with a talent for asking questions and explaining answers in an easy to read style.
Combined with his insiders’ perspective and level of understanding of city government and we have someone with unique qualifications to gather information and share it with the community,” said Paul Williamson, the city’s Public Affairs Director. “The St. Augustine Report will certainly prove to be a valuable tool in our city government’s ongoing efforts to share as much information with as many people as possible,” Williamson added.
The city currently uses a number of ways to disseminate public information including
regular press releases sent to regional media; Insight, the quarterly newsletter included in utility bills; News & Notes, an email with agendas and official notices sent to nearly 400 recipients each Friday; and the city’s web site, www.staugustinegovernment.com.
The contractual agreement with Gardner requires that he produce and distribute The St. Augustine Report, an arrangement that will add the new service without using any additional staff time. The St. Augustine Report is distributed free upon request. To subscribe, email gardner@aug.com or call 904.825.3648.
THE NEW BOSS IS THE SAME AS THE OLD BOSS -- GARDNER, BURK and WEEKS RETURN, LIKE VAMPIRES
Mark Twain said the only permanent criminal class in America is Congress.
He'd recognize the City of St. Augustine.
Running or voting them out of office is not enough to disconnect the fixers like SUSAN BURK and LEN WEEKS from the levers of power. They're b-a-a-a-a-a-a-c-k!
See SLEM GARDNER's newsletter, below. Our City's oligarchy is firmly entrenched and in control
He'd recognize the City of St. Augustine.
Running or voting them out of office is not enough to disconnect the fixers like SUSAN BURK and LEN WEEKS from the levers of power. They're b-a-a-a-a-a-a-c-k!
See SLEM GARDNER's newsletter, below. Our City's oligarchy is firmly entrenched and in control
SLEM GEORGE GARDNER'S LATEST NEWSLETTER, BOUGHT AND PAID FOR BY THE CITY OF ST. AUGUSTINE FOR $1250/month -- SCANDALOUS
Published by the Department of Public Affairs, City of St. Augustine. Florida February 27 2009
High Court: cities can regulate monuments
The City of Pleasant Grove, Utah (31,000 pop.), 40 miles south of Salt Lake City, won a battle for St. Augustine and other cities across the nation Wednesday before the U.S. Supreme Court.
Government has free speech, too.
The high court unanimously decided in favor of Pleasant Grove in a lawsuit by a religious sect that argued a monument of its "Seven Aphorisms" should be allowed next to a Ten Commandments monument.
For St. Augustine, the decision verifies a new public art ordinance that gives our city full control over acceptance, placement, and use of any form of art contributed to the city.
Justice Samuel Alito, writing for the court in its unanimous decision: "It is hard to imagine how a public park could be opened up for the installation of permanent monuments by every person or group wishing to engage in that form of expression. The obvious truth of the matter is that if public parks were considered to be traditional public forums for the purpose of erecting privately donated monuments, most parks would have little choice but to refuse all such donations."
"Government decision makers select the monuments that portray what they view as appropriate for the place in question, taking into account such content-based factors as esthetics, history, and local culture," Justice Alito wrote. "The monuments that are accepted, therefore, are meant to convey ... a government message, and they thus constitute government speech."
City Atty. Ron Brown said of the decision, "We are very pleased with this well-stated belief that we can choose to accept monuments that state a purpose in the eyes of our citizens' elected representatives."
Our city has faced decisions in recent years on displays in public places, among them gay rights flags on the Bridge of Lions, a flag urging troop return from Iraq on the City Hall flagpole, and a monument to the Civil Rights Movement of the 1960s in our Plaza de la Constitución. Our City Commission rejected the gay rights flags (later overturned by an appellate court), and the City Hall flag, but has approved a St. Augustine Foot Soldiers monument in the Plaza.
Gala banners fly
Banners adorn light poles at City Hall for Saturday night's Noche de Gala celebration of Founder Pedro Menendez' 490th birthday.
New parking committee begins work
A former mayor, Len Weeks, and former vice mayor, Susan Burk, have been elected again - this time as chair and vice chair of our city's reorganized Parking and Traffic Committee (PAT).
In its first meeting Thursday, the smaller 7-member committee mapped out the agenda for its first working meeting, March 26 (PAT meets the fourth Thursday monthly in the Alcazar conference room at City Hall). On the agenda: signage, the Bridge of Lions, and our ParkNow card program.
There were suggestions for future study as well, among them: greater regulation of delivery trucks in our historic district and greater awareness of the validation system which allows free parking in our Visitor Center parking facility for patrons of participating businesses.
The committee, reorganized by our City Commission earlier this year, now includes five commission appointees and one representative each from Flagler College and the Chamber of Commerce Historic Area Council.
UF heritage plan meets big numbers elsewhere
"I and my family will be among the 94% of visitors who return to St. Augustine!"
Gettysburg Foundation Chief Operations Officer Elliot Gruber acknowledged statistics from Visit Florida during his comments among speakers at Thursday's University of Florida (UF) presentation "Strategy to Reality: Implementing the St. Augustine Historic Area Strategic Plan."
More than 100 government officials, civic leaders and citizens heard some big numbers at the St. Augustine Art Association forum as UF unfolded its $37 million plan to build a central interpretive center, repair 34 state-owned historic properties, and prepare for St. Augustine's 450th Anniversary.
The university's ambitious plan depends on funding from our state legislature, which two years ago authorized UF to take over management of the properties. The university, already facing $72 to $75 million in budget cuts, has yet to agree to the takeover.
UF Vice President Ed Poppell said the first funding push will be for $5 million, anticipating matching funds from the National Park Service, for the $10 million interpretive center.
Matching the investment of other historic venues for stronger heritage tourism recognition won't be easy. The numbers came out at Thursday's forum: $400 million as Jamestown prepared for its 400th in 2007 and a more prominent place in visitors' guides; $100 million in a Gettysburg Museum and Visitor Center as that historic site seeks to strengthen its heritage tourism experience.
The afternoon-long forum featured speakers including Jamestown 2007 Host Committee Chair Jeanne Zeidler, Gettysburg's Gruber, Kirk Cordell, director of the National Park Service's Center for Preservation Technology & Training, Kerri L. Post, vice president of Visit Florida's Industry Relations, St. Augustine Historical Society Executive Director Dr. Susan R. Parker, and UF's Distinguished Service Professor Dr. Michael Gannon.
St. Augustine a university classroom
As the University of Florida advances its St. Augustine Historic Area Strategic Plan, education waits for no one.
Catherine Culver, our Department of Heritage Tourism Marketing and Events Coordinator, says UF is conducting several courses here. Among them: Museum Studies: Managing Museum Collections, a graduate level summer studio course in Historic Preservation in St. Augustine, and graduate courses in landscape architecture and advertising.
Culver reported to our Historic Preservation Advisory Committee that these are not public classes, but many will include final presentations that may be public.
The St. Augustine Report is published by the Department of Public Affairs of the City of St. Augustine each Tuesday and on each Friday prior to regular City Commission meetings. The Report is written and distributed by George Gardner, former St. Augustine Mayor (2002-2006) and Commissioner (2006-2008) and a longtime newspaper reporter and editor. Contact The Report by email at gardner@aug.com, by phone at 904.825.3648, or by mail at 57 Fullerwood Drive, St. Augustine, FL 32084.
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Former Mayor George Gardner | 57 Fullerwood Drive | st. augustine | FL | 32084
High Court: cities can regulate monuments
The City of Pleasant Grove, Utah (31,000 pop.), 40 miles south of Salt Lake City, won a battle for St. Augustine and other cities across the nation Wednesday before the U.S. Supreme Court.
Government has free speech, too.
The high court unanimously decided in favor of Pleasant Grove in a lawsuit by a religious sect that argued a monument of its "Seven Aphorisms" should be allowed next to a Ten Commandments monument.
For St. Augustine, the decision verifies a new public art ordinance that gives our city full control over acceptance, placement, and use of any form of art contributed to the city.
Justice Samuel Alito, writing for the court in its unanimous decision: "It is hard to imagine how a public park could be opened up for the installation of permanent monuments by every person or group wishing to engage in that form of expression. The obvious truth of the matter is that if public parks were considered to be traditional public forums for the purpose of erecting privately donated monuments, most parks would have little choice but to refuse all such donations."
"Government decision makers select the monuments that portray what they view as appropriate for the place in question, taking into account such content-based factors as esthetics, history, and local culture," Justice Alito wrote. "The monuments that are accepted, therefore, are meant to convey ... a government message, and they thus constitute government speech."
City Atty. Ron Brown said of the decision, "We are very pleased with this well-stated belief that we can choose to accept monuments that state a purpose in the eyes of our citizens' elected representatives."
Our city has faced decisions in recent years on displays in public places, among them gay rights flags on the Bridge of Lions, a flag urging troop return from Iraq on the City Hall flagpole, and a monument to the Civil Rights Movement of the 1960s in our Plaza de la Constitución. Our City Commission rejected the gay rights flags (later overturned by an appellate court), and the City Hall flag, but has approved a St. Augustine Foot Soldiers monument in the Plaza.
Gala banners fly
Banners adorn light poles at City Hall for Saturday night's Noche de Gala celebration of Founder Pedro Menendez' 490th birthday.
New parking committee begins work
A former mayor, Len Weeks, and former vice mayor, Susan Burk, have been elected again - this time as chair and vice chair of our city's reorganized Parking and Traffic Committee (PAT).
In its first meeting Thursday, the smaller 7-member committee mapped out the agenda for its first working meeting, March 26 (PAT meets the fourth Thursday monthly in the Alcazar conference room at City Hall). On the agenda: signage, the Bridge of Lions, and our ParkNow card program.
There were suggestions for future study as well, among them: greater regulation of delivery trucks in our historic district and greater awareness of the validation system which allows free parking in our Visitor Center parking facility for patrons of participating businesses.
The committee, reorganized by our City Commission earlier this year, now includes five commission appointees and one representative each from Flagler College and the Chamber of Commerce Historic Area Council.
UF heritage plan meets big numbers elsewhere
"I and my family will be among the 94% of visitors who return to St. Augustine!"
Gettysburg Foundation Chief Operations Officer Elliot Gruber acknowledged statistics from Visit Florida during his comments among speakers at Thursday's University of Florida (UF) presentation "Strategy to Reality: Implementing the St. Augustine Historic Area Strategic Plan."
More than 100 government officials, civic leaders and citizens heard some big numbers at the St. Augustine Art Association forum as UF unfolded its $37 million plan to build a central interpretive center, repair 34 state-owned historic properties, and prepare for St. Augustine's 450th Anniversary.
The university's ambitious plan depends on funding from our state legislature, which two years ago authorized UF to take over management of the properties. The university, already facing $72 to $75 million in budget cuts, has yet to agree to the takeover.
UF Vice President Ed Poppell said the first funding push will be for $5 million, anticipating matching funds from the National Park Service, for the $10 million interpretive center.
Matching the investment of other historic venues for stronger heritage tourism recognition won't be easy. The numbers came out at Thursday's forum: $400 million as Jamestown prepared for its 400th in 2007 and a more prominent place in visitors' guides; $100 million in a Gettysburg Museum and Visitor Center as that historic site seeks to strengthen its heritage tourism experience.
The afternoon-long forum featured speakers including Jamestown 2007 Host Committee Chair Jeanne Zeidler, Gettysburg's Gruber, Kirk Cordell, director of the National Park Service's Center for Preservation Technology & Training, Kerri L. Post, vice president of Visit Florida's Industry Relations, St. Augustine Historical Society Executive Director Dr. Susan R. Parker, and UF's Distinguished Service Professor Dr. Michael Gannon.
St. Augustine a university classroom
As the University of Florida advances its St. Augustine Historic Area Strategic Plan, education waits for no one.
Catherine Culver, our Department of Heritage Tourism Marketing and Events Coordinator, says UF is conducting several courses here. Among them: Museum Studies: Managing Museum Collections, a graduate level summer studio course in Historic Preservation in St. Augustine, and graduate courses in landscape architecture and advertising.
Culver reported to our Historic Preservation Advisory Committee that these are not public classes, but many will include final presentations that may be public.
The St. Augustine Report is published by the Department of Public Affairs of the City of St. Augustine each Tuesday and on each Friday prior to regular City Commission meetings. The Report is written and distributed by George Gardner, former St. Augustine Mayor (2002-2006) and Commissioner (2006-2008) and a longtime newspaper reporter and editor. Contact The Report by email at gardner@aug.com, by phone at 904.825.3648, or by mail at 57 Fullerwood Drive, St. Augustine, FL 32084.
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Former Mayor George Gardner | 57 Fullerwood Drive | st. augustine | FL | 32084
What does "SLEM" stand for?
SLEM PICKENS
Snotty Little Ex-Mayor (SLEM) GEORGE GARDNER
SLIM PICKENS
My mentor James Nelson Ramsey, long the District Attorney of Anderson County, Tennessee, loved to give nicknames to crooked politicians. What does SLEM stand for?
SLEM Self-Loading Experimental Model
SLEM Steve Le Marquand (Australian born actor)
SLEM Site Laboratory Equipment Maintenance
SLEM Snotty Little Ex-Mayor (GEORGE R. GARDNER, St. Augustine's snotty Little Ex-Mayor, who is now paid $1250/month to write dumb 'ole newsletter for the itty-bitty petty City of St. Augustine City Manager, in which he exoriates dissenters and toes the party line). How gauche of SLEM to do so -- SLEM GARDNER's what my East Tennessee publisher would have called a "glorified welfare recipient," a'int he? What do you reckon?
Priceless.
USDOJ PRESS RELEASES: STANFORD FINANCIAL GROUP CHIEF INVESTMENT OFFICER CHARGED WITH OBSTRUCTION OF JUSTICE
FOR IMMEDIATE RELEASE CRM
MONDAY, FEBRUARY 26, 2009(202) 514-2007
WWW.USDOJ.GOV TDD (202) 514-1888
STANFORD FINANCIAL GROUP CHIEF INVESTMENT OFFICER CHARGED WITH OBSTRUCTION
1
WASHINGTON – Laura Pendergest-Holt, the chief investment officer of Houston-based Stanford Financial Group (SFG), was arrested today by agents of the FBI’s Houston Field Office on a criminal complaint charging her with obstruction of a proceeding before an agency of the United States, announced Acting Assistant Attorney General of the Criminal Division Rita M. Glavin and Special Agent in Charge of the Houston Division of the FBI, Andrew R. Bland, III.
Pendergest-Holt will make her initial appearance on Friday, Feb. 27, 2009, before U.S. Magistrate Mary Milloy at the federal courthouse in Houston.
According to the complaint, Pendergest-Holt met on Feb. 10, 2009 with representatives of the U.S. Securities and Exchange Commission (SEC) at the SEC’s Fort Worth, Texas, regional office based on an SEC subpoena. According to the complaint, the SEC summoned Pendergest-Holt to testify in its investigation into allegations that SFG and related companies, including the Stanford International Bank (SIB), had defrauded investors and account holders of an estimated $8 billion in deposits.
The complaint alleges Pendergest-Holt made several affirmative misrepresentations to the SEC in order to obstruct its investigation.
Specifically, the complaint alleges that Pendergest-Holt met with several SFG corporate officers in Miami during the week of Feb. 2, 2009, to prepare for her upcoming testimony before SEC staff scheduled a week later. Pendergast-Holt is alleged to have discussed with those corporate officers the SIB’s “Tier III” Portfolio, using a computer-generated pie chart she created. The complaint alleges that the pie chart reflected, among other things, a $1.6 billion loan to a shareholder from the Tier III Portfolio.
The complaint alleges that the following week, on Feb. 10, Pendergest-Holt, accompanied by an attorney, made several misrepresentations under oath to SEC investigators during her testimony, including her alleged failure to reveal that she had participated in the Miami preparation session with SFG corporate officers. Pendergest-Holt also allegedly misrepresented her own preparatory work for the testimony, saying she had met with no one other than the attorney as she worked to ready herself for the session with the SEC.
The complaint alleges further that Pendergest-Holt failed to reveal to the SEC investigators during the testimony session that she was a member of the SIB’s investment committee, or the extent of her knowledge of the bank’s Tier III Portfolio. The complaint also alleges that at no point did Pendergest-Holt reveal that the $1.6 billion loan had been discussed with corporate officers in Miami. When asked by investigators if she served on the SIB limited investment committee, Pendergest-Holt is alleged to have answered “no.”
Pendergest-Holt was interviewed again by SEC investigators on Feb. 17, 2009, in Memphis, Tenn., and, according to the complaint, she continued to obstruct the SEC’s investigation by saying she had no knowledge of the Tier III Portfolio.
The complaint is merely an accusation based on a finding of probable cause by a magistrate judge, and the defendant has not been indicted by a grand jury. The defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The case is being investigated by the FBI’s Houston Field Office, Internal Revenue Service-Criminal Investigations and the U.S. Postal Inspection Service. The case is being prosecuted by Trial Attorney Matthew Klecka and Attorney Allan Medina of the Criminal Division’s Fraud Section.
MONDAY, FEBRUARY 26, 2009(202) 514-2007
WWW.USDOJ.GOV TDD (202) 514-1888
STANFORD FINANCIAL GROUP CHIEF INVESTMENT OFFICER CHARGED WITH OBSTRUCTION
1
WASHINGTON – Laura Pendergest-Holt, the chief investment officer of Houston-based Stanford Financial Group (SFG), was arrested today by agents of the FBI’s Houston Field Office on a criminal complaint charging her with obstruction of a proceeding before an agency of the United States, announced Acting Assistant Attorney General of the Criminal Division Rita M. Glavin and Special Agent in Charge of the Houston Division of the FBI, Andrew R. Bland, III.
Pendergest-Holt will make her initial appearance on Friday, Feb. 27, 2009, before U.S. Magistrate Mary Milloy at the federal courthouse in Houston.
According to the complaint, Pendergest-Holt met on Feb. 10, 2009 with representatives of the U.S. Securities and Exchange Commission (SEC) at the SEC’s Fort Worth, Texas, regional office based on an SEC subpoena. According to the complaint, the SEC summoned Pendergest-Holt to testify in its investigation into allegations that SFG and related companies, including the Stanford International Bank (SIB), had defrauded investors and account holders of an estimated $8 billion in deposits.
The complaint alleges Pendergest-Holt made several affirmative misrepresentations to the SEC in order to obstruct its investigation.
Specifically, the complaint alleges that Pendergest-Holt met with several SFG corporate officers in Miami during the week of Feb. 2, 2009, to prepare for her upcoming testimony before SEC staff scheduled a week later. Pendergast-Holt is alleged to have discussed with those corporate officers the SIB’s “Tier III” Portfolio, using a computer-generated pie chart she created. The complaint alleges that the pie chart reflected, among other things, a $1.6 billion loan to a shareholder from the Tier III Portfolio.
The complaint alleges that the following week, on Feb. 10, Pendergest-Holt, accompanied by an attorney, made several misrepresentations under oath to SEC investigators during her testimony, including her alleged failure to reveal that she had participated in the Miami preparation session with SFG corporate officers. Pendergest-Holt also allegedly misrepresented her own preparatory work for the testimony, saying she had met with no one other than the attorney as she worked to ready herself for the session with the SEC.
The complaint alleges further that Pendergest-Holt failed to reveal to the SEC investigators during the testimony session that she was a member of the SIB’s investment committee, or the extent of her knowledge of the bank’s Tier III Portfolio. The complaint also alleges that at no point did Pendergest-Holt reveal that the $1.6 billion loan had been discussed with corporate officers in Miami. When asked by investigators if she served on the SIB limited investment committee, Pendergest-Holt is alleged to have answered “no.”
Pendergest-Holt was interviewed again by SEC investigators on Feb. 17, 2009, in Memphis, Tenn., and, according to the complaint, she continued to obstruct the SEC’s investigation by saying she had no knowledge of the Tier III Portfolio.
The complaint is merely an accusation based on a finding of probable cause by a magistrate judge, and the defendant has not been indicted by a grand jury. The defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The case is being investigated by the FBI’s Houston Field Office, Internal Revenue Service-Criminal Investigations and the U.S. Postal Inspection Service. The case is being prosecuted by Trial Attorney Matthew Klecka and Attorney Allan Medina of the Criminal Division’s Fraud Section.
Thursday, February 26, 2009
FBI Seeking Information Leading to Conviction of Murderers of Harry & Harriette Moore in 1951
CIVIL RIGHTS-ERA COLD CASE INITIATIVE
DESCRIPTION
The FBI is currently seeking information on more than 100 unsolved civil rights murders that occurred prior to 1969. These cases are being reexamined as a result of the Civil Rights-era Cold Case Initiative, a joint effort with federal, state and local law enforcement partners, as well as community leaders and civic organizations. A partial listing of these cold cases is presented below.
Victim(s) Name Date of Death Location of Death
Louis Allen January 31, 1964 Liberty, MS
Benjamin Brown May 10, 1967 Jackson, MS
Charles Brown June 20, 1957 Yazoo City, MS
Jessie Brown January 13, 1965 Winona, MS
Silas Caston March 1, 1964 Jackson, MS
Vincent Dahmon May-July 1966 Natchez, MS
Roman Ducksworth April 1961 or 1962 Taylorsville, MS
Jimmie Griffen (Griffin) September 24, 1965 near Sturgis, MS
Paul Guihard September 30, 1962 Oxford, MS
Wharlest Jackson February 27, 1967 Natchez, MS
George Lee May 7, 1955 Belzoni, MS
Sylvester Maxwell Body discovered
January 17, 1963 Canton, MS
Robert McNair November 6, 1964 Pelahatchie, MS
Clinton Melton December 3, 1955 Tallahatchie, MS
Booker Mixon October 12, 1959 Clarksdale, MS
Mack Parker April 25, 1959 Poplarville, MS
William Prather November 1, 1959 Corinth, MS
Johnny Queen August 8, 1965 Fayette, MS
Donald Raspberry February 1965 Okolona, MS
Jessie Shelby January 29, 1956 Yazoo City, MS
Ed Smith April 27, 1958 State Line, MS
Lamar Smith August 13, 1955 Brookhaven, MS
Eddie Stewart July 9, 1966 Jackson or Crystal Springs, MS
Saleam Triggs January 23, 1965 Hattiesburg, MS
Clifton Walker February 28, 1964 Woodville or Natchez, MS
Willie Edwards January 23, 1957 Montgomery, AL
Rogers Hamilton October 22, 1957 Fort Deposit, AL
Mattie Green May 19, 1960 Ringgold, GA
Willie Joe Sanford March 1, 1957 Hawkinsville, GA
Izell Henry 1954 Greensburg, LA
Oneal Moore June 2, 1965 Varnado, LA
Frank Morris December 10, 1964 Ferriday, LA
Robert Wilder or
John Wesley Wilder July 17, 1965 Ruston, LA
Ladislado Urese April 22, 1953 San Antonio, TX
Harry Moore December 25, 1951 Mims, FL
Harriette Moore January 3, 1952 Mims, FL
IF YOU HAVE ANY INFORMATION CONCERNING ANY OF THESE CASES, PLEASE CONTACT YOUR LOCAL FBI OFFICE OR THE NEAREST AMERICAN EMBASSY OR CONSULATE.
ROBERT S. MUELLER, III
DIRECTOR
FEDERAL BUREAU OF INVESTIGATION
UNITED STATES DEPARTMENT OF JUSTICE
WASHINGTON, D.C. 20535
TELEPHONE: (202) 324-3000
DESCRIPTION
The FBI is currently seeking information on more than 100 unsolved civil rights murders that occurred prior to 1969. These cases are being reexamined as a result of the Civil Rights-era Cold Case Initiative, a joint effort with federal, state and local law enforcement partners, as well as community leaders and civic organizations. A partial listing of these cold cases is presented below.
Victim(s) Name Date of Death Location of Death
Louis Allen January 31, 1964 Liberty, MS
Benjamin Brown May 10, 1967 Jackson, MS
Charles Brown June 20, 1957 Yazoo City, MS
Jessie Brown January 13, 1965 Winona, MS
Silas Caston March 1, 1964 Jackson, MS
Vincent Dahmon May-July 1966 Natchez, MS
Roman Ducksworth April 1961 or 1962 Taylorsville, MS
Jimmie Griffen (Griffin) September 24, 1965 near Sturgis, MS
Paul Guihard September 30, 1962 Oxford, MS
Wharlest Jackson February 27, 1967 Natchez, MS
George Lee May 7, 1955 Belzoni, MS
Sylvester Maxwell Body discovered
January 17, 1963 Canton, MS
Robert McNair November 6, 1964 Pelahatchie, MS
Clinton Melton December 3, 1955 Tallahatchie, MS
Booker Mixon October 12, 1959 Clarksdale, MS
Mack Parker April 25, 1959 Poplarville, MS
William Prather November 1, 1959 Corinth, MS
Johnny Queen August 8, 1965 Fayette, MS
Donald Raspberry February 1965 Okolona, MS
Jessie Shelby January 29, 1956 Yazoo City, MS
Ed Smith April 27, 1958 State Line, MS
Lamar Smith August 13, 1955 Brookhaven, MS
Eddie Stewart July 9, 1966 Jackson or Crystal Springs, MS
Saleam Triggs January 23, 1965 Hattiesburg, MS
Clifton Walker February 28, 1964 Woodville or Natchez, MS
Willie Edwards January 23, 1957 Montgomery, AL
Rogers Hamilton October 22, 1957 Fort Deposit, AL
Mattie Green May 19, 1960 Ringgold, GA
Willie Joe Sanford March 1, 1957 Hawkinsville, GA
Izell Henry 1954 Greensburg, LA
Oneal Moore June 2, 1965 Varnado, LA
Frank Morris December 10, 1964 Ferriday, LA
Robert Wilder or
John Wesley Wilder July 17, 1965 Ruston, LA
Ladislado Urese April 22, 1953 San Antonio, TX
Harry Moore December 25, 1951 Mims, FL
Harriette Moore January 3, 1952 Mims, FL
IF YOU HAVE ANY INFORMATION CONCERNING ANY OF THESE CASES, PLEASE CONTACT YOUR LOCAL FBI OFFICE OR THE NEAREST AMERICAN EMBASSY OR CONSULATE.
ROBERT S. MUELLER, III
DIRECTOR
FEDERAL BUREAU OF INVESTIGATION
UNITED STATES DEPARTMENT OF JUSTICE
WASHINGTON, D.C. 20535
TELEPHONE: (202) 324-3000
USDOJ Press Release:
TE RELEASE
THURSDAY, FEBRUARY 26, 2009
WWW.USDOJ.GOV
AT
(202) 514-2007
TDD (202) 514-1888
N.J. ELECTRICAL COMPANY EMPLOYEE PLEADS GUILTY TO DEFRAUDING
THE ENVIRONMENTAL PROTECTION AGENCY AT SUPERFUND SITE
WASHINGTON — An employee of a Sewell, N.J., company that provided temporary electrical utilities pleaded guilty today to participating in a fraud conspiracy at an Environmental Protection Agency (EPA)-designated Superfund site in New Jersey, the Department of Justice announced today.
Christopher Tranchina pleaded guilty to a charge filed today in the U.S. District Court of New Jersey. Tranchina was charged with conspiracy to defraud the EPA at the Federal Creosote site, located in Manville, N.J. The clean up at the site is partly funded by the EPA.
Under an interagency agreement between the EPA and the U.S. Army Corps of Engineers,
prime contractors oversaw the removal, treatment and disposal of contaminated soil, as well as other operations at the Federal Creosote site.
According to the charge, from approximately the Spring of 2001 until approximately June of 2005, Tranchina and other co-conspirators thwarted the competitive bidding process and defrauded the EPA by inflating Federal Creosote invoices and paying kickbacks to an employee of a prime contractor at Federal Creosote. In exchange for the kickbacks, Tranchina's employer received sub-contracts at the site. The kickbacks totaled approximately $138,000. As a part of the conspiracy, Tranchina received approximately $23,000 of the kickbacks, in the form of a hot tub, an HVAC system, cash and checks.
"The Department of Justice will investigate and prosecute those who steal from the public by subverting the competitive bidding process, particularly where taxpayer dollars are involved," said Scott D. Hammond, Acting Assistant Attorney General in charge of the Department's Antitrust Division.
N.J. Electrical Company Employee Pleads Guilty to Defrauding the Environmental Protection Agency at Superfund Site 2/26/09 3:31 PM
On Dec. 15, 2008, as part of the same investigation, Bennett Environmental Inc. (BEI) also pleaded guilty to participating in a conspiracy to defraud the EPA, and was sentenced to pay a criminal fine in the amount of $1 million and restitution in the amount of $1.66 million. On that same day, Zul Tejpar, a former BEI employee, pleaded guilty to his participation in the conspiracy. In addition, on July 23, 2008, JMJ Environmental Inc., a Laurel Springs, N.J., wastewater treatment supply company, its owner John Drimak Jr., and Norman Stoerr, a former contracts administrator at the Federal Creosote site, pleaded guilty to related bid rigging
charges at Federal Creosote. Drimak and Stoerr also pleaded guilty to fraud charges related to both the Federal Creosote site and another New Jersey Superfund site, Diamond Alkali in Newark, N.J. Drimak and Stoerr pleaded guilty to tax related charges as well. Tejpar, Drimak and Stoerr are currently awaiting sentencing.
The fraud conspiracy that Tranchina pleaded guilty to carries a maximum penalty of five years in prison, three years of supervised release and a $250,000 fine. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.
Today's charges reflect the Department's commitment to protecting U.S. taxpayers from
procurement fraud through its creation of the National Procurement Fraud Task Force. The National Procurement Fraud Initiative, announced in October 2006, is designed to promote the early detection, prosecution, and prevention of procurement fraud associated with the increase in contracting activity for national security and other government programs.
The ongoing investigation is being conducted by the Antitrust Division's New York Field Office, the EPA Office of Inspector General and the Internal Revenue Service Criminal Investigation.
Anyone with information concerning bid rigging, kickbacks, tax offenses or fraud relating to contracts awarded at Federal Creosote should contact the New York Field Office of the Antitrust Division at 212-264-9308.
###
THURSDAY, FEBRUARY 26, 2009
WWW.USDOJ.GOV
AT
(202) 514-2007
TDD (202) 514-1888
N.J. ELECTRICAL COMPANY EMPLOYEE PLEADS GUILTY TO DEFRAUDING
THE ENVIRONMENTAL PROTECTION AGENCY AT SUPERFUND SITE
WASHINGTON — An employee of a Sewell, N.J., company that provided temporary electrical utilities pleaded guilty today to participating in a fraud conspiracy at an Environmental Protection Agency (EPA)-designated Superfund site in New Jersey, the Department of Justice announced today.
Christopher Tranchina pleaded guilty to a charge filed today in the U.S. District Court of New Jersey. Tranchina was charged with conspiracy to defraud the EPA at the Federal Creosote site, located in Manville, N.J. The clean up at the site is partly funded by the EPA.
Under an interagency agreement between the EPA and the U.S. Army Corps of Engineers,
prime contractors oversaw the removal, treatment and disposal of contaminated soil, as well as other operations at the Federal Creosote site.
According to the charge, from approximately the Spring of 2001 until approximately June of 2005, Tranchina and other co-conspirators thwarted the competitive bidding process and defrauded the EPA by inflating Federal Creosote invoices and paying kickbacks to an employee of a prime contractor at Federal Creosote. In exchange for the kickbacks, Tranchina's employer received sub-contracts at the site. The kickbacks totaled approximately $138,000. As a part of the conspiracy, Tranchina received approximately $23,000 of the kickbacks, in the form of a hot tub, an HVAC system, cash and checks.
"The Department of Justice will investigate and prosecute those who steal from the public by subverting the competitive bidding process, particularly where taxpayer dollars are involved," said Scott D. Hammond, Acting Assistant Attorney General in charge of the Department's Antitrust Division.
N.J. Electrical Company Employee Pleads Guilty to Defrauding the Environmental Protection Agency at Superfund Site 2/26/09 3:31 PM
On Dec. 15, 2008, as part of the same investigation, Bennett Environmental Inc. (BEI) also pleaded guilty to participating in a conspiracy to defraud the EPA, and was sentenced to pay a criminal fine in the amount of $1 million and restitution in the amount of $1.66 million. On that same day, Zul Tejpar, a former BEI employee, pleaded guilty to his participation in the conspiracy. In addition, on July 23, 2008, JMJ Environmental Inc., a Laurel Springs, N.J., wastewater treatment supply company, its owner John Drimak Jr., and Norman Stoerr, a former contracts administrator at the Federal Creosote site, pleaded guilty to related bid rigging
charges at Federal Creosote. Drimak and Stoerr also pleaded guilty to fraud charges related to both the Federal Creosote site and another New Jersey Superfund site, Diamond Alkali in Newark, N.J. Drimak and Stoerr pleaded guilty to tax related charges as well. Tejpar, Drimak and Stoerr are currently awaiting sentencing.
The fraud conspiracy that Tranchina pleaded guilty to carries a maximum penalty of five years in prison, three years of supervised release and a $250,000 fine. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.
Today's charges reflect the Department's commitment to protecting U.S. taxpayers from
procurement fraud through its creation of the National Procurement Fraud Task Force. The National Procurement Fraud Initiative, announced in October 2006, is designed to promote the early detection, prosecution, and prevention of procurement fraud associated with the increase in contracting activity for national security and other government programs.
The ongoing investigation is being conducted by the Antitrust Division's New York Field Office, the EPA Office of Inspector General and the Internal Revenue Service Criminal Investigation.
Anyone with information concerning bid rigging, kickbacks, tax offenses or fraud relating to contracts awarded at Federal Creosote should contact the New York Field Office of the Antitrust Division at 212-264-9308.
###
Wasteful, Corrupt City of St. Augustine Has $1/2 Million Public Relations Budget, and Snotty Little Ex-Mayor Exocriating Critics for Pay!
What a prostitute! GARDNER wrote his newsletter while still a Commissioner, then got City Manager WILLIAM B. HARRISS to hire him back, for $1250/month, excoriating critics with a one-size fits all babytalking newsletter. How trite.
GARDNER conceded "rampant corruption in City Hall" during a 2006 debate with Peter Romano at the then-community center in the former Lighthouse Restaurant. It's now the clubhouse for the Yacht Club, one of many crooked deals in the Nation's Oldest City.
And no, ERROL JONES does not treat people with respect. He's mean. He's insulted people speaking about the illegal dumping and environmental racism in our City.
He's an Uncle Tom. We don't respect him. We don't respect his corruption and his being in bed with the ROBERT MICHAEL GRAUBARDs of the world. We don't respect his condescension.
I voted for GARDNER several times and he is one of the most disapppointing poliicians I've ever supported -- see 2006 blog posts for more details.
Here's one:
Friday, October 27, 2006
Mayor GEORGE GARDNER Concedes "Rampant Corruption," Loses Another Debate
St. Augustine MAYOR GEORGE GARDNER conceded that there was "rampant corruption" in City Hall last night in a public debate.
GARDNER lost his cool and lost yet another debate to Lincolnville community leader Peter Romano, who is running against GARDNER for Commissioner and JOSEPH LEROY BOLES, JR. for Mayor.
BOLES did not attend the debate in his own neighborhood. Citizens were thus unable to ask him questions about the issues raised by senior citizens’ family members as on www.boledover.net
Mayor GARDNER was caught in tergiversations.
Unlike Boles, at least GARDNER participated in the public debate before a combined meeting of three neighborhood associations (the Lighthouse and North and South Davis Shores neighborhoods). The debate was held at the Salt Run Community Center (formerly the city-owned Lighthouse Restaurant) on October 26th from 7-9 PM.
Mayor GEORGE GARDNER and the man he only refers to as "my opponent" (Lincolnville’s Peter Romano) participated in the debate, along with County Commission candidates Ken Bryan and Ron Sanchez.
Some 30 citizens watched in amazement as Mayor GARDNER repeatedly lost his cool.
Again and again, Mayor GARDNER was caught prevaricating.
One resident complained about the misuse of the increase in the fire fee for general revenues, instead of hire pay and more firemen. She told Mayor GARDNER that "your representative was rude and obnoxious" in negotiations with the firemen. An unapologetic GARDNER conceded they negotiations were "not friendly sessions."
After GARDNER was asked about the fire fee issue, GARDNER’s statements were rebutted by St. Augustine city fireman Pete Wiley, who outlined the city’s false statements and broken promises (and worse).
Fireman Pete Wiley (whom GARDNER rudely referred to as "one of my firemen") told how an increased fire fee has NOT resulted in increased fireman pay or increased fire protection, breaking promises.
Fireman Pete Wiley even offered to show his paystubs in response to GARDNER’s flummery. GARDNER did not rebut his rebuttal, looking down.
Fireman Pete Wiley cited statistics establishing the lack of adequate firemen to put out residential fires.
Fireman Pete Wiley said there were only 8 fireman on duty in the City last night, when national standards call for at least 15 to be on duty. Mr. Wiley recited specific fires where there were not enough firemen and poor communications between and among city and county fire departments.
Mr. Wiley alleged that our City’s current fire staffing levels violate national fire protection standards.
While Mayor GARDNER claimed that the fire fee was used to buy new fire equipment, Mr. Wiley stated that in fact that fire equipment is purchased with federal grants, not fire fee proceeds.
Folio Weekly newspaper has written about how our City’s fire fees have been used as general revenue.
It appeared to observers that Mayor GARDNER’s defensive claims were knocked into a cocked hat by city fireman Pete Wiley (whom GARDNER referred to as "one of my firemen, apparently using the possessive to refer to employees, in a manner reminiscent of Standard Oil co-founders John D. Rockefeller and Henry Flagler).
GARDNER was openly hostile to questions about government waste and abuse, turning red and self-righteously refusing to answer me about the city’s illegal dumping into the Old City Reservoir (about which GARDNER publicly promised "answers" on February 27), deferring any answers on white collar crimes and Sunshine violations -- what GARDNER conceded to be "rampant corruption" -- to the man whom he called "my opponent."
In response to GARDNER, Mayor and Commission candidate Peter Romano made the case for financial accountability in the City government, starting with increased auditing (just as a new corporate board member would insist upon accurate books).
Peter Romano supported making St. Augustine a world class tourist destination, increasing our quality of life with public transit (trolleys).
GARDNER claimed that the $22 million parking garage was "never intended to pay for itself." In fact, city officials, including the City’s Chief Operating Officer John Regan, have repeatedly used the benchmark of $100,000 per month in revenue being required to pay debt service.
GARDNER said that the Community Redevelopment Agency (CRA) would help fund the garage.
Peter Romano cited page 60 of the City’s financial audit and the limitations that keep city property taxes from being used to repay the bonds.
Peter Romano said that CRAs are limited to blighted areas and that the garage is not a "blighted area."
Peter Romano said our City could have obtained federal funds to pay 80% of the cost of the parking garage if only there had been a mass transit system (trolley cars) connected to it and that the city had once again lost an opportunity to provide federal grants to fund our city’s services to tourists.
GARDNER referred to the garage as being on the "periphery" of the city and said that the city would need more parking garages on the "periphery."
Actually, the parking garage is in the heart of the city and is only a few
blocks from the Castillo San Marco, St. George Street and other historic areas.
The massive parking garage now helps obliterate permanently lands that the late Fred Francis donated for baseball fields.
Candidates were asked by one resident to discuss where they saw the city in the year 2030.
Among city candidates, Lincolnville leader Peter Romano was the only city commissioner candidate who addressed the question, talking about long range planning and the process of building a walkable, liveable city. Peter Romano underlined the need to improve the quality of the City’s history by involving "philanthropists" (as in Colonial Williamsburg). Peter Romano has stated the need to broaden our City’s historic tourism focus to include African-American, indigenous (Native American) and Civil War history, not just Spanish and British colonial history. He has stated it was prejudiced for the City not to honor civil rights pioneers.
Asked about the city’s new problem of homelessness (see article below), Peter Romano discussed the need for employment and housing, citing the example of Portland, Oregon, which provides needed job training in pallet-making and other ways of restoring dignity and citizenship.
GARDNER was testy from the start. In his opening statement, he
asserted that "my opponent" was perpetrating a financial smokescreen," but never rebutted the 22% increase in the general fund or that 88% of it was funded by property taxes, an increase unlikely to be maintained in the current real estate market.
In his opening statement, GARDNER also claimed that neighborhood associations did not exist until he created them four years ago.
GARDNER actually referred to city fireman Pete Wiley as one of "my fireman."
Sadly, Mayor GARDNER demonstrated that it only took four years for a "reform" mayor to lose touch with his base and the reasons he was elected.
Eleven days before the election, our City of St. Augustine faces a choice between cleaning up City Hall or perpetuating what Mayor GARDNER readily conceded to be "rampant corruption."
While asserting that St. Johns County was no longer in the "clutches of developers," he did not justify his votes or actions over the past four years as Mayor of St. Augustine, Florida.
GARDNER claimed that PUDs let our City control what developers did
"down to the doorknobs," but could point to no instance in which developers did not obtain exactly what they wanted from the City Commission, CITY MANAGER WILLIAM B. HARRISS and CITY PLANNING AND ZONING DIRECTOR MARK KNIGHT.
posted by Ed Slavin @ 11:20 AM
Here's another one (and GARDNER's hands are still in your pockets!)
Monday, November 06, 2006
BODY LANGUAGE: MAYOR GEORGE GARDNER'S HANDS IN HIS POCKETS (AND YOURS)
Body language experts say that people who habitually have their hands in their pockets have something to hide, are secretive or disrespectful or dejected or anxious (or perhaps thinking about money or sex).
Mayor, GEORGE GARDNER spent much of the time at the Lincolnville Festival with his hands in his pockets, his shoulders hunched.
Third-generation scion of a political family that has won some 17 elections in 90 years, was GARDNER thinking about his missed opportunities to lead for four years and why voters who avidly supported him have now rejected him (see below). Perhaps GARDNER was rejecting his anti-Gay votes against Rainbow Flags on the Bridge of Lions (twice), voting to ban all but government flag-flying after the Federal Court ordered the flags to fly because of First Amendment violations.
Or perhaps GEORGE GARDNER was thinking about all of the money wasted by the City Hall he now admits suffers from "rampant corruption" (see below) under the regime of CITY MANAGER WILLIAM B. HARRIS. (See below).
One thing's for sure -- if voters defeat pollution and what GARDNER admits is "rampant corruption" and defeat corporate welfare advocate GEORGE GARDNER, he won't have GARDNER's hands in our pockets any longer.
With 400 blanket purchase orders, de facto sole source procurement, and rampant purchasing irregularities (including buying gasoline and diesel fuel based on oral telephone quotes every time a storage tank runs out), unbridled discretion of CITY MANAGER WILLIAM B. HARRISS to spend up to $500,000 on his say-so, wasting $22 million on an oversized Taj Mahal parking garage and over $500,000 utility bill-paying building for a little town of 13,000, our city government contractors have their hands in OUR pockets.
As former United States Senator Gary Warrent Hart (D-Colorado) perhaps said it best, "you won't get government off your back until you get your hands out of its pockets."
We sincerely hope that GARDNER's hands will no longer be in OUR pockets (or inappropriately touching the persons of city employees).
GARDNER deserves defeat on Tuesday, November 7 (just like defeated County Commissioners KAREN STERN and BRUCE whom City Commissioner JOSEPH LEROY BOLES, JR. refers to as "KAREN " AND "BRUCE."
Peter Romano is the candidate to reform our Nation's Oldest City as Mayor and Commissioner.
See below.
IN HAEC VERBA: The Madness of King George -- the taxpayers subsidize this dumb 'ole newsletter from COSA ex-Mayor George Gardner, dissing dissenters!
Published by the Department of Public Affairs, City of St. Augustine. Florida February 24 2009
Public comment - say positive
Additional time and a free ParkNow card were added to the public comment period at Monday's City Commission meeting to encourage more positive comments, and the effort mostly succeeded.
Two of three regular city critics found good things to say, but a third remained critical - and was criticized.
Monday's regular commission meeting was one of options, including extended public comment, meters or zone rate systems for cab services, and an early retirement incentive program for city employees. In other matters, commission votes were final, approving a 30-year franchise extension with Florida Power and Light, a 10-year tax exemption period for historic property improvements, installation of conduit for future under-lighting of the Bridge of Lions, and a consultant contract for our city's 450th anniversary.
Perhaps most positive was recognition of historian David Nolan with the Governor's Points of Light Award, for his volunteer service to our city.
Noche de Gala 490
Oh, to be 450 again ...
St. Augustine Founder Pedro Menéndez de Avilés will be there in spirit Saturday, February 28, as we celebrate his 490th birthday with a 16th century gala in the halls of Lightner Museum.
The dinner dance is $150 for members, $175 for non-members of the St. Augustine Historic Trust. Catherine Culver, 904-825-5088, has information.
Comment carrots and sticks
Mayor Joe Boles opened the regular public comment period with some carrots, and two of three regular critics responded with positive comments - Dwight Hines praising the work of 40th ACCORD and school science programs, and B.J. Kaladi, her voice quivering: "I appreciate the opportunity as a U.S. citizen to speak in public forums and to work for the betterment of our community."
But Ed Slavin's comments about "environmental racism" and Dr. Martin Luther King Jr.'s comment in 1964 that St. Augustine was a lawless city drew the ire of both the mayor and Vice Mayor Errol Jones.
"I think there are people in this room," Boles said, "who are more worthy to utter the name of Martin Luther King, Jr., that were here in this community and have been able to enjoy a great renaissance, movement, and be able to present something positive, than to continue to wallow in the past with the vitriolic tone that Mr. Slavin brought to the table, and it embarrasses me as mayor. ... I do not consider him your spokesperson in any way."
The vice mayor added, "I as one African-American have been bashed many times, called other names many times, by some of the people who are now talking about my civil rights, and I would appreciate it if they'd treat this African-American with a little more respect than they do, because I treat you that way."
Franchise and tax exemption win approval
Following public hearings, both a 30-year franchise extension with Florida Power and Light and a 10-year tax exemption period for historic property improvements won commission approval. Commissioner Leanna Freeman, earlier concerned about the extension, said, "I'm satisfied our staff has done a thorough job investigating, and I feel good about it."
Countering B. J. Kaladi's concern with losing tax revenue through a ten-year exemption on historic property improvements, Mayor Boles said, "In fact, we're begging people to take advantage of it." A five-year tax exemption in place for years has drawn little public interest.
Cell tower ordinance advanced
A proposed cell tower ordinance was moved to public hearing March 9, while a cell tower applicant, appealing a denial, moved closer to agreement on another location and asked that its appeal be tabled until the same March meeting.
Cab fare - your choice
Commissioners approved an alternative to our city's zone system for cab fares, allowing the five companies operating here to use either zone or a meter system, with clear signage both on and in their cabs. Commissioner Don Crichlow noted citizens could be confused, but one cab driver replied, "Folks who use cabs regularly know which system works best for them." Additional cab parking spaces were rejected following a staff study of current cab stand use.
'Strategy to Reality' Thursday
The University of Florida (UF) unfolds its "Strategy to Reality: Implementing the St. Augustine Historic Area Strategic Plan," Thursday, February 26, from 1-5:30 in a public forum at the St. Augustine Art Association.
The ambitious plan, from a new $10 million interpretive center and $27 million in historic property repairs to streamlined visitor orientation and movement, stems from our state legislature's authorization that UF take over management of 34 state-owned historic properties here.
"We have invited distinguished speakers to address themes of the Strategic Plan including economic development/tourism, educational programming, and building successful partnerships," writes Linda B. Dixon, UF Assistant Director of Facilities Planning. "Together, we will learn from heritage tourism destinations such as Gettysburg, Jamestown, and Williamsburg so that we can apply their 'lessons learned' to St. Augustine."
Fort Matanzas by torchlight
Pedro Menendez would have been familiar with night excursions by torchlight, and the experience can be shared Saturday, February 28 with the final tours of the season at Fort Matanzas. Tour times 6:00, 6:45, 7:30 and 8:15 p.m. Tickets are $7 (children under age 3 are free of charge). Contact National Park Service Ranger Chris Leverett, 904-471-0116.
Saving history - Trinity Methodist
More presenters than congregation will gather March 7 at 7 p.m. in the continuing effort to save the historic Trinity United Methodist Church on Bridge Street.
Five speakers and 17 performances are on the evening program to raise funds for arguably Florida's oldest Methodist congregation (1821) and today perhaps its smallest (15). The challenge - begun when Pastor Innzia Melton's son, Gary Thompson, put out a plea for help - was picked up by Gale Burnick and Taffy Rook of the Unitarian-Universalist Fellowship. While Taffy and the Fellowship forge a great evening, Gale is in the trenches with fund-raising and grant-writing.
Among the speakers: historian David Nolan and Vice Mayor Errol Jones; among the performances: a drum circle, Tale-Telling, poetry, and Prayer Dancing. Contact Taffy 461-9788, and Gale to assist.
Spanish galleon discovered
Sam Turner is salivating.
An Orlando-based treasure hunter believes he's found the remains of a Spanish treasure galleon some 14 miles east of Indian River County, Florida Today reports.
Dr. Sam, director of our Lighthouse Archaeological Maritime Program (LAMP), would have preferred a location closer to our nation's oldest port city.
Indialantic shipwreck historian Robert Marx said he reviewed salvaged pieces and believes it's the Espiritu Santo el Mayor, a 480-ton galleon that sank in a storm in 1626. Marx said the ship took 1 million pesos worth of valuables and 250 crew members down with her in the storm. Other ships in the fleet were able to save 50 crew members. The bulk of the galleon lies under ocean sands.
The St. Augustine Report is published by the Department of Public Affairs of the City of St. Augustine each Tuesday and on each Friday prior to regular City Commission meetings. The Report is written and distributed by George Gardner, former St. Augustine Mayor (2002-2006) and Commissioner (2006-2008) and a longtime newspaper reporter and editor. Contact The Report by email at gardner@aug.com, by phone at 904.825.3648, or by mail at 57 Fullerwood Drive, St. Augustine, FL 32084.
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USDOJ Press Release: TWO INVESTMENT MANAGERS ARRESTED ON FRAUD CHARGES
United States Attorney Southern District of New York
FOR IMMEDIATE RELEASE
FEBRUARY 25 , 2009 CONTACT: U.S. ATTORNEY'S OFFICE
HERBERT HADAD
YUSILL SCRIBNER,
REBEKAH CARMICHAEL
JANICE OH
PUBLIC INFORMATION OFFICE
(914) 993-1900
(212) 637-2600
TWO INVESTMENT MANAGERS ARRESTED ON FRAUD CHARGES
NEW YORK - Lev L. Dassin, the Acting United States Attorney for the Southern District of New York, and Joseph M. Demarest, Jr., the Assistant Director-in-Charge of the FBI’s New York Field Division, announced today that Paul Greenwood, 61, of North Salem, N.Y., and Stephen Walsh, 64, of Sands Point, N.Y., were arrested this morning on conspiracy, securities fraud and wire fraud charges.
According to a three-count complaint unsealed today in Manhattan federal court, from at least 1996 through February 2009, Greenwood and Walsh ran a fraudulent commodities trading and investment advisory scheme using an entity they controlled called WG Trading Investors. Through a marketer, Greenwood and Walsh solicited investor funds on the understanding that they would invest the funds in a program called “enhanced stock indexing,” which they represented was a conservative trading strategy that had outperformed the results of the S&P 500 Index for more than 10 years.
Several institutional investors – including charitable and university foundations, retirement and pension plans and others – invested more than $668 million through WG Trading Investors, receiving in exchange promissory notes issued by WG Trading Investors that the defendants represented would pay interest at a rate equal to the investment returns earned by the enhanced stock indexing strategy.
Contrary to their representations to their investors, Greenwood and Walsh are alleged to have misappropriated the majority of the investor funds. Among other things, Greenwood is alleged to have used the funds to purchase expensive collectible items and horses, as well as for other personal expenditures. Walsh is alleged to have misappropriated investor funds for himself, and to have made large cash payments to his ex-wife.
Both Greenwood and Walsh executed promissory notes in favor of WG Investors with respect to the investor funds they misappropriated and to conceal trading losses. These promissory notes totaled approximately $293 million for Greenwood and approximately $261 million for Walsh.
In February 2009, the National Futures Association (NFA) conducted an audit of WG Investors and related entities. In the audit, the NFA discovered that of approximately $812 million purportedly on the books of WG Investors, more than $794 million was booked as receivables due from Greenwood and Walsh and investments in entities that they controlled.
The charges contained in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Greenwood and Walsh surrendered this morning to the FBI and are expected to be presented today before United States Magistrate Judge Douglas F. Eaton in Manhattan federal court.
Greenwood and Walsh are each charged with one count of conspiracy to commit securities fraud and wire fraud, one count of securities fraud, and one count of wire fraud. The conspiracy count carries a maximum sentence of five years in prison and a maximum fine of $250,000, or twice the gross gain or loss from the offense. The securities fraud count carries a maximum sentence of 20 years in prison and a maximum fine of $5 million, or twice the gross gain or loss from the offense. The wire fraud count carries a maximum sentence of 20 years in prison and a maximum fine of $250,000, or twice the gross gain or loss from the offense.
Mr. Dassin praised the investigative work of the FBI in this case, and thanked the Securities and Exchange Commission, the United States Commodity Futures Trading Commission and the NFA for their assistance. He added that the investigation is continuing.
Assistant U.S. Attorneys John J. O’Donnell, Jessica A. Roth and Amy Lester are in charge of the prosecution.
###
FOR IMMEDIATE RELEASE
FEBRUARY 25 , 2009 CONTACT: U.S. ATTORNEY'S OFFICE
HERBERT HADAD
YUSILL SCRIBNER,
REBEKAH CARMICHAEL
JANICE OH
PUBLIC INFORMATION OFFICE
(914) 993-1900
(212) 637-2600
TWO INVESTMENT MANAGERS ARRESTED ON FRAUD CHARGES
NEW YORK - Lev L. Dassin, the Acting United States Attorney for the Southern District of New York, and Joseph M. Demarest, Jr., the Assistant Director-in-Charge of the FBI’s New York Field Division, announced today that Paul Greenwood, 61, of North Salem, N.Y., and Stephen Walsh, 64, of Sands Point, N.Y., were arrested this morning on conspiracy, securities fraud and wire fraud charges.
According to a three-count complaint unsealed today in Manhattan federal court, from at least 1996 through February 2009, Greenwood and Walsh ran a fraudulent commodities trading and investment advisory scheme using an entity they controlled called WG Trading Investors. Through a marketer, Greenwood and Walsh solicited investor funds on the understanding that they would invest the funds in a program called “enhanced stock indexing,” which they represented was a conservative trading strategy that had outperformed the results of the S&P 500 Index for more than 10 years.
Several institutional investors – including charitable and university foundations, retirement and pension plans and others – invested more than $668 million through WG Trading Investors, receiving in exchange promissory notes issued by WG Trading Investors that the defendants represented would pay interest at a rate equal to the investment returns earned by the enhanced stock indexing strategy.
Contrary to their representations to their investors, Greenwood and Walsh are alleged to have misappropriated the majority of the investor funds. Among other things, Greenwood is alleged to have used the funds to purchase expensive collectible items and horses, as well as for other personal expenditures. Walsh is alleged to have misappropriated investor funds for himself, and to have made large cash payments to his ex-wife.
Both Greenwood and Walsh executed promissory notes in favor of WG Investors with respect to the investor funds they misappropriated and to conceal trading losses. These promissory notes totaled approximately $293 million for Greenwood and approximately $261 million for Walsh.
In February 2009, the National Futures Association (NFA) conducted an audit of WG Investors and related entities. In the audit, the NFA discovered that of approximately $812 million purportedly on the books of WG Investors, more than $794 million was booked as receivables due from Greenwood and Walsh and investments in entities that they controlled.
The charges contained in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Greenwood and Walsh surrendered this morning to the FBI and are expected to be presented today before United States Magistrate Judge Douglas F. Eaton in Manhattan federal court.
Greenwood and Walsh are each charged with one count of conspiracy to commit securities fraud and wire fraud, one count of securities fraud, and one count of wire fraud. The conspiracy count carries a maximum sentence of five years in prison and a maximum fine of $250,000, or twice the gross gain or loss from the offense. The securities fraud count carries a maximum sentence of 20 years in prison and a maximum fine of $5 million, or twice the gross gain or loss from the offense. The wire fraud count carries a maximum sentence of 20 years in prison and a maximum fine of $250,000, or twice the gross gain or loss from the offense.
Mr. Dassin praised the investigative work of the FBI in this case, and thanked the Securities and Exchange Commission, the United States Commodity Futures Trading Commission and the NFA for their assistance. He added that the investigation is continuing.
Assistant U.S. Attorneys John J. O’Donnell, Jessica A. Roth and Amy Lester are in charge of the prosecution.
###
Sole Source Procurement for Consultants, Contractors
It's our money!
CITY MANAGER FOR LIFE WILLIAM B. HARRISS
Photo credit: J.D. Pleasant
MAYOR JOSEPH LEROY BOLES, JR.
Photo credit: Greg Travous (and Hans Holbein the Younger)
St. Augustine hired its Ex-Mayor to write a PR propaganda newsletter, apparently with no competitive bidding.
Our governments have also hired the Mayor of Williamsburg, Virginia to be a consultant, again, apparently, with no competitive bidding.
Don't get me wrong. Mayor Zeidler is a smart lady (who supports the St. Augustine National Historical Park, National Seashore and National Scenic Coastal Highway). George Gardner's a good person, but sole source procurement must be justified. Otherwise government becomes a game of cronyism (artfully praciced by the otherwise inartful JOSEPH LEROY BOLES, JR.) In the words of corrupt Tennessee Governor RAY BLANTON: "If you can't help your friends, who can you help."
There's quite enough bogus sole source procurement around here in St. Johns County, starting with the $2 million luxury Bell Jet Ranger helicopter the mosquito control commission voted under suzerainty of ex-County Attorney DANIEL BOSANKO's wife, ex-AMCD Chair BARBARA BOSANKO.
Citizen activists got that contract killed (and a full refund) thanks to the perspicacity of Commissioners John Sundemann and Jeanne Moeller, among others, and honest advice from AMCD lawyer Doug Wyckoff, who negotiated the full refund of the $81,000 deposit).
Our City must adopt ordinances to end government procurement as we know it and to make the entire process transparent, as the City of Orlando does -- and as President Obama and Vice President Biden are doing for stimulus package funds.
In the words of the late Everett McKinley Dirksen, Senate Republican Majority Leader, "a billion dollars here, a billion dollars there, and pretty soon you're talking about real money."
$14,500 for George Gardner. $20,000 for Mayor Zeidler.
Meanwhile, our immature, rude Commissioners (and ex-Commissioners like GARDNER and BURK) lie about dissenters and cast aspersions (and asparagus) at anyone who questions or seeks to hold accountable City Manager for LIfe WILLIAM B. HARRISS.
Expert OK'd for 450th
Expert OK'd for 450th
Consultant will receive $20,000
By PETER GUINTA
peter.guinta@staugustine.com
Publication Date: 02/23/09
The St. Johns County Commission decided a few weeks ago that if they're going to plan a big celebratory bash, they should hire an expert to help with the details.
St. Augustine's 450th birthday will occur in 2015, and the city, the county and the Tourist Development Council are teaming up early to plan events to make the occasion sparkle.
Glenn Hastings, executive director of the TDC, said, "This is more than a birthday celebration. It will give world and national attention to centuries of history."
The answer to the commission's request wasn't long in coming.
Jeanne Zeidler, mayor of Williamsburg, Va., will be paid $20,000 to come, study and write a guide to this event for planners, not for visitors.
Zeidler's considered an expert because she was head also of Jamestown 2007, which put on the successful 400th birthday of Jamestown, a city that in St. Augustine is considered a johnny-come-lately whippersnapper. St. Augustine was founded in 1565, Jamestown in 1607.
Former St. Augustine Mayor George Gardner once said, "The first child born in St. Augustine was a grandmother by the time Jamestown was founded."
Hastings said Zeidler will consider the economic development, tourism, infrastructure improvements and blueprint that will be necessary to mount such a huge undertaking, as well as its economic impact to the county.
"Based on her perspective, (she) is uniquely qualified to help us with this," he said.
According to the terms of the county's contract, she'll put in 160 hours of work with local groups and the state, even on an earlier celebration in 2013 celebrating Ponce de Leon's 500th anniversary of the discovery of Florida.
Commissioner Ken Bryan, wondering why the county was hiring so far afield, said, "Are we saying that no one in the county has the expertise? The contract seems very vague."
The contract was first approved by the St. Augustine City Commission, then sent to the county for approval.
The contract is on the City Commission's consent agenda for today's meeting. Items on consent may be approved without further discussion. However, the City Commission may put the item on the discussion agenda for review of any changes the county made to Zeidler's contract.
City Attorney Ron Brown said Zeidler's job will be more difficult here because she'll be required to "mesh with" several government entities, not just one.
"She has the type of expertise we need to balance those special interests," he said. "Her report will be extensive and she will include an appendix from the Jamestown celebration that will serve as a model for St. Augustine. This is just the start of several years of planning."
*
The St. Augustine City Commission meets at 5 p.m. today in the Alcazar Room at City Hall, 75 King St.
Click here to return to story:
http://staugustine.com/stories/022309/news_022309_031.shtml
© The St. Augustine Record
Consultant will receive $20,000
By PETER GUINTA
peter.guinta@staugustine.com
Publication Date: 02/23/09
The St. Johns County Commission decided a few weeks ago that if they're going to plan a big celebratory bash, they should hire an expert to help with the details.
St. Augustine's 450th birthday will occur in 2015, and the city, the county and the Tourist Development Council are teaming up early to plan events to make the occasion sparkle.
Glenn Hastings, executive director of the TDC, said, "This is more than a birthday celebration. It will give world and national attention to centuries of history."
The answer to the commission's request wasn't long in coming.
Jeanne Zeidler, mayor of Williamsburg, Va., will be paid $20,000 to come, study and write a guide to this event for planners, not for visitors.
Zeidler's considered an expert because she was head also of Jamestown 2007, which put on the successful 400th birthday of Jamestown, a city that in St. Augustine is considered a johnny-come-lately whippersnapper. St. Augustine was founded in 1565, Jamestown in 1607.
Former St. Augustine Mayor George Gardner once said, "The first child born in St. Augustine was a grandmother by the time Jamestown was founded."
Hastings said Zeidler will consider the economic development, tourism, infrastructure improvements and blueprint that will be necessary to mount such a huge undertaking, as well as its economic impact to the county.
"Based on her perspective, (she) is uniquely qualified to help us with this," he said.
According to the terms of the county's contract, she'll put in 160 hours of work with local groups and the state, even on an earlier celebration in 2013 celebrating Ponce de Leon's 500th anniversary of the discovery of Florida.
Commissioner Ken Bryan, wondering why the county was hiring so far afield, said, "Are we saying that no one in the county has the expertise? The contract seems very vague."
The contract was first approved by the St. Augustine City Commission, then sent to the county for approval.
The contract is on the City Commission's consent agenda for today's meeting. Items on consent may be approved without further discussion. However, the City Commission may put the item on the discussion agenda for review of any changes the county made to Zeidler's contract.
City Attorney Ron Brown said Zeidler's job will be more difficult here because she'll be required to "mesh with" several government entities, not just one.
"She has the type of expertise we need to balance those special interests," he said. "Her report will be extensive and she will include an appendix from the Jamestown celebration that will serve as a model for St. Augustine. This is just the start of several years of planning."
*
The St. Augustine City Commission meets at 5 p.m. today in the Alcazar Room at City Hall, 75 King St.
Click here to return to story:
http://staugustine.com/stories/022309/news_022309_031.shtml
© The St. Augustine Record
$1250/Month to GEORGE R. GARDNER As "Independent Contractor" Writing Propaganda Newsletter for the City of St. Augustine
It started on his own hook, when he was still a Commissioner.
Now ex-Mayor GEORGE GARDNER is getting $1250/month (no benefits) as a putative independent contractor to write his newsletter.
Since he's been back on the City's teat, GARDNER's newsletter is less independent and more biting, attacking me by name, attempting to chill free speech rights (just as GARDNER did on November 13, 2006, after I first proposed the St. Augustine National Historical Park, National Seashore and National Scenic Coastal Highway Act). See St. Augustine Record's November 19, 2006 editorial, "Always Important to Stick to Your Guns" (reprinted elsehwhere on the this blog, defending my First Amendment protected activity against Gardner and his buddies (Commissioners, Yacht Club Commodore RANDY BRUNSON and assembled Yacht Clubbers, who all lustily cheered his venomous attack).
GARDNER was on the wrong side of history repeatedly, as thrice in four years progressives have won victories, from the Rainbow flags (2005) to Old City Reservoir and Riberia Street pollution (2008) to the City's pollution of our saltwater marsh (2008. GARDNER started as a progressive and like SUSAN BURK was quickly co-opted, compromised and all but blackmailed by City Manager WILLIAM B. HARRISS, who knows more about Commissioners than President Lyndon Johnson and FBI Director John Edgar Hoover knew about Senators.
Speaking of history, on the Rainbow flags, GARDNER said in 2005 that our City only wanted to celebrate "positive history." Last Friday, at a showing of the movie on the life of the late Harry T. Moore (murdered by KKK), GEORGE and SALLY GARDNER sat in front of me. I wanted to ask GARDNER about "positive history."
Query: is GARDNER really an independent contractor? If not, the City will owe back taxes.
Now ex-Mayor GEORGE GARDNER is getting $1250/month (no benefits) as a putative independent contractor to write his newsletter.
Since he's been back on the City's teat, GARDNER's newsletter is less independent and more biting, attacking me by name, attempting to chill free speech rights (just as GARDNER did on November 13, 2006, after I first proposed the St. Augustine National Historical Park, National Seashore and National Scenic Coastal Highway Act). See St. Augustine Record's November 19, 2006 editorial, "Always Important to Stick to Your Guns" (reprinted elsehwhere on the this blog, defending my First Amendment protected activity against Gardner and his buddies (Commissioners, Yacht Club Commodore RANDY BRUNSON and assembled Yacht Clubbers, who all lustily cheered his venomous attack).
GARDNER was on the wrong side of history repeatedly, as thrice in four years progressives have won victories, from the Rainbow flags (2005) to Old City Reservoir and Riberia Street pollution (2008) to the City's pollution of our saltwater marsh (2008. GARDNER started as a progressive and like SUSAN BURK was quickly co-opted, compromised and all but blackmailed by City Manager WILLIAM B. HARRISS, who knows more about Commissioners than President Lyndon Johnson and FBI Director John Edgar Hoover knew about Senators.
Speaking of history, on the Rainbow flags, GARDNER said in 2005 that our City only wanted to celebrate "positive history." Last Friday, at a showing of the movie on the life of the late Harry T. Moore (murdered by KKK), GEORGE and SALLY GARDNER sat in front of me. I wanted to ask GARDNER about "positive history."
Query: is GARDNER really an independent contractor? If not, the City will owe back taxes.
COA gets $1.5M for garage
COA gets $1.5M for garage
From Staff
Publication Date: 02/26/09
The St. Johns County Council on Aging will get nearly $1.5 million in federal money to build a garage for its fleet, the county's congressman announced Wednesday.
Cathy Brown, the executive director of the COA, said the leaders of the organization were "very thrilled" when they found out about the funding Monday.
The council's buses have been parked in the open behind a shopping plaza on State Road 312 for the past eight years, so the new location will provide more protection against vandalism and a central location for maintenance, Brown said, adding that it will cost an estimated total of $1.7 million to build the garage.
Rep. John Mica, R-Winter Park, said in a news release the $1,472,500 is coming from a funding bill that has been stalled in Congress since October and is not part of the recently passed stimulus package.
Brown said the council typically gets roughly $500,000 in funding per year.
Click here to return to story:
http://staugustine.com/stories/022609/news_022609_007.shtml
From Staff
Publication Date: 02/26/09
The St. Johns County Council on Aging will get nearly $1.5 million in federal money to build a garage for its fleet, the county's congressman announced Wednesday.
Cathy Brown, the executive director of the COA, said the leaders of the organization were "very thrilled" when they found out about the funding Monday.
The council's buses have been parked in the open behind a shopping plaza on State Road 312 for the past eight years, so the new location will provide more protection against vandalism and a central location for maintenance, Brown said, adding that it will cost an estimated total of $1.7 million to build the garage.
Rep. John Mica, R-Winter Park, said in a news release the $1,472,500 is coming from a funding bill that has been stalled in Congress since October and is not part of the recently passed stimulus package.
Brown said the council typically gets roughly $500,000 in funding per year.
Click here to return to story:
http://staugustine.com/stories/022609/news_022609_007.shtml
The 'slow food' revolution
The 'slow food' revolution
Local farms attract more local consumers
By PETER GUINTA
peter.guinta@staugustine.com
Publication Date: 02/25/09
HASTINGS -- Four children help carry dozens of boxes stuffed with fresh-picked vegetables to waiting drivers at Mystic Bean Coffee on State Road 207.
Cayla Smith, 8, one of the children, said the produce comes from her family's farm.
"We do all the picking," she said Tuesday evening.
The boxed veggies include cabbage, kale, collard greens, lettuce, mustard greens, radishes, celery and spinach.
Tuesday night's boxes included some cut camelias for color.
Cayla's sister, Cady, 11, said her father is the boss of the whole operation.
"Dad does some of the picking, too," she said. "Actually, he does most of the picking."
Brothers Jared, 13, and Jeremy, 10, do much of the heavy lifting, always exceptionally polite.
The Smiths, Jeb and Wendy, are part of a growing movement in St. Johns County where farmers grow, pick and transport a fixed amount of produce -- on this trip it's 50 boxes -- to a single point weekly, which is in turn given to paid subscribers.
The growers receive needed cash, and the subscribers receive a variety of fresh vegetables in abundance.
One customer lugging her produce to the car, Becky Nolan Greenberg, said, "It's a wonderful idea."
Back at the farm, the Smiths load the boxes onto a trailer and drive it to Mystic Bean.
This winter, Jeb said, "We got nipped (by the cold) pretty good, especially the spinach and cabbage."
But there were still enough vegetables untouched to fulfil their obligation to the customers.
His family had grown potatoes in Hastings for 84 years but now has diversified.
"People should be aware of who does the work and who gets the money. It's not the grower," he said.
Richard Villadoniga, a seventh-grade teacher at Fruit Cove Middle School, started a chapter of the Slow Food organization in St. Johns County to encourage people here to support local agriculture.
That's been a great success. Now, there are at least four Community-Based Agriculture groups in operation -- two in Hastings, one in Switzerland and one in St. Augustine run by Douglas Family Farms, which grows vegetables using hydroponic techniques.
Villadoniga said, "When I ask my class, 'Where does food come from?' they say, 'From Publix.' The idea of a farm is foreign to them."
He said people should try to avoid foods grown using massive amounts of fertilizer or pesticides.
"Small family farms are disappearing and being bought by conglomerates," he said. "We want to educate people so they will make a direct connection to their local farmer. Most farmers love what they do. It's not just a job."
He said the Community-Based groups "have a family feel" that is part social. He said people know their dentist and lawyer; why not their farmer?
Most subscriptions average about $25 a week.
"You can get a peach or tomato any time at a supermarket, but they will probably taste awful because they aren't in season," he said. "When you think of open space and quality of life, farms play a big role in that."
Getting a subscription
Wendy Smith had 50 subscribers in 2008 but wants to expand that to 75 for eight weeks of the spring season.
Last year, there was a waiting list, but she said there will be openings in March.
For an application, call her at 692-3542.
In 2010, she said, she'll expand the season to 20 weeks a year.
Click here to return to story:
http://www.staugustine.com/stories/022509/news_022509_038.shtml
© The St. Augustine Record
Local farms attract more local consumers
By PETER GUINTA
peter.guinta@staugustine.com
Publication Date: 02/25/09
HASTINGS -- Four children help carry dozens of boxes stuffed with fresh-picked vegetables to waiting drivers at Mystic Bean Coffee on State Road 207.
Cayla Smith, 8, one of the children, said the produce comes from her family's farm.
"We do all the picking," she said Tuesday evening.
The boxed veggies include cabbage, kale, collard greens, lettuce, mustard greens, radishes, celery and spinach.
Tuesday night's boxes included some cut camelias for color.
Cayla's sister, Cady, 11, said her father is the boss of the whole operation.
"Dad does some of the picking, too," she said. "Actually, he does most of the picking."
Brothers Jared, 13, and Jeremy, 10, do much of the heavy lifting, always exceptionally polite.
The Smiths, Jeb and Wendy, are part of a growing movement in St. Johns County where farmers grow, pick and transport a fixed amount of produce -- on this trip it's 50 boxes -- to a single point weekly, which is in turn given to paid subscribers.
The growers receive needed cash, and the subscribers receive a variety of fresh vegetables in abundance.
One customer lugging her produce to the car, Becky Nolan Greenberg, said, "It's a wonderful idea."
Back at the farm, the Smiths load the boxes onto a trailer and drive it to Mystic Bean.
This winter, Jeb said, "We got nipped (by the cold) pretty good, especially the spinach and cabbage."
But there were still enough vegetables untouched to fulfil their obligation to the customers.
His family had grown potatoes in Hastings for 84 years but now has diversified.
"People should be aware of who does the work and who gets the money. It's not the grower," he said.
Richard Villadoniga, a seventh-grade teacher at Fruit Cove Middle School, started a chapter of the Slow Food organization in St. Johns County to encourage people here to support local agriculture.
That's been a great success. Now, there are at least four Community-Based Agriculture groups in operation -- two in Hastings, one in Switzerland and one in St. Augustine run by Douglas Family Farms, which grows vegetables using hydroponic techniques.
Villadoniga said, "When I ask my class, 'Where does food come from?' they say, 'From Publix.' The idea of a farm is foreign to them."
He said people should try to avoid foods grown using massive amounts of fertilizer or pesticides.
"Small family farms are disappearing and being bought by conglomerates," he said. "We want to educate people so they will make a direct connection to their local farmer. Most farmers love what they do. It's not just a job."
He said the Community-Based groups "have a family feel" that is part social. He said people know their dentist and lawyer; why not their farmer?
Most subscriptions average about $25 a week.
"You can get a peach or tomato any time at a supermarket, but they will probably taste awful because they aren't in season," he said. "When you think of open space and quality of life, farms play a big role in that."
Getting a subscription
Wendy Smith had 50 subscribers in 2008 but wants to expand that to 75 for eight weeks of the spring season.
Last year, there was a waiting list, but she said there will be openings in March.
For an application, call her at 692-3542.
In 2010, she said, she'll expand the season to 20 weeks a year.
Click here to return to story:
http://www.staugustine.com/stories/022509/news_022509_038.shtml
© The St. Augustine Record
Joyner urges call to action
Joyner urges call to action
Asks parents to contact legislators about more funding for education
By CHAD SMITH
chad.smith@staugustine.com
Publication Date: 02/25/09
The St. Johns County School District superintendent hosted another of his town hall meetings Tuesday, hoping to mobilize parents in the face of a $33 million budget cut from Tallahassee.
During Joseph Joyner's 40-minute talk at St. Augustine High School, he told the roughly 200 parents, students and educators in attendance that they need to contact their legislators and call them out on what he perceives as a waning interest in education.
With a pie chart showing the dip in how much education funding came from the state between 1998 and 2008, Joyner said, "The bottom line is the state is backing out of their piece."
On top of the projected budget cuts, prices for electricity, transportation and health care are going up.
Joyner said lawmakers should reconsider spending $309 million on building two prisons in a year the state is cutting $332.3 million from education.
Rhetorically asking the lawmakers who have promised to hold education harmless, Joyner said, "Is that just talk or is it the truth?"
After his presentation, Joyner fielded questions, most of which dealt with how the chopped-up budget would affect the county's art programs.
One man, though, came to the microphone and said since the presentation was mainly about the budget, "I don't feel that it's appropriate at this time."
No one did ask Joyner about former SAHS Principal Tyrone Ramsey, who abruptly retired Friday because he was "tired."
Last week the superintendent acknowledged there were rumors going around the school regarding Ramsey's retirement.
However, Joyner said there were no other motivations behind his stepping down.
Click here to return to story:
http://www.staugustine.com/stories/022509/news_022509_035.shtml
© The St. Augustine Record
Asks parents to contact legislators about more funding for education
By CHAD SMITH
chad.smith@staugustine.com
Publication Date: 02/25/09
The St. Johns County School District superintendent hosted another of his town hall meetings Tuesday, hoping to mobilize parents in the face of a $33 million budget cut from Tallahassee.
During Joseph Joyner's 40-minute talk at St. Augustine High School, he told the roughly 200 parents, students and educators in attendance that they need to contact their legislators and call them out on what he perceives as a waning interest in education.
With a pie chart showing the dip in how much education funding came from the state between 1998 and 2008, Joyner said, "The bottom line is the state is backing out of their piece."
On top of the projected budget cuts, prices for electricity, transportation and health care are going up.
Joyner said lawmakers should reconsider spending $309 million on building two prisons in a year the state is cutting $332.3 million from education.
Rhetorically asking the lawmakers who have promised to hold education harmless, Joyner said, "Is that just talk or is it the truth?"
After his presentation, Joyner fielded questions, most of which dealt with how the chopped-up budget would affect the county's art programs.
One man, though, came to the microphone and said since the presentation was mainly about the budget, "I don't feel that it's appropriate at this time."
No one did ask Joyner about former SAHS Principal Tyrone Ramsey, who abruptly retired Friday because he was "tired."
Last week the superintendent acknowledged there were rumors going around the school regarding Ramsey's retirement.
However, Joyner said there were no other motivations behind his stepping down.
Click here to return to story:
http://www.staugustine.com/stories/022509/news_022509_035.shtml
© The St. Augustine Record
"Expletive deleted" or "barnyard epithet?"
The wicked evil developer of Maratea has a potty mouth. See below.
Was the "expletive deleted" one that is abbreviated as BS?
If so, the New York Times would call that a "barnyard epithet."
In any event, we need a St. Augustine National Historical Park, National Seashore and National Scenic Coastal Highway,of which the St. Augustine Beach parcel would make a great piece. Add to it the state parks, water management district land, Fort Matanzas, the Castillo San Marco and parts of downtown St. Augustine, and we'll have a world class tourist destinations.
Speaking of "barnyard epithets," Mayor JOSEPH LEROY BOLES, JR. not only forbade his mother to comment on public policy (after she supported the Park and told me so and told an elected official that she supported it). He pressred his own mother into calling the St. Augustine Record and causing a ruckus, claiming she was misquoted.
She wasn't misquoted. Maurine Boles came up to me after I spoke at a St. Augustine City Commission meeting and (taking my hand in both of her hands), thanked me for supporting what she'd been saying for 30-some years, saying she felt like the head of the Don Quixote Society.
It shows the depravity and meanness of JOSEPH LEROY BOLES, JR. that he'd appoint his mother to the historic advisory committee, then issue an illegal gag order, violating the First Amendment rights of his own mother, forbidding her to express her opinions about the very matters she was appointed to the committee to give advice on.
This spineless Mayor JOSEPH LEROY BOLES, Jr. is a lapdog for LEN WEEKS (his client) and is rude and crude to residents -- he more closely resembles Henry VIII than an elected mayor. It's time for him to go.
Was the "expletive deleted" one that is abbreviated as BS?
If so, the New York Times would call that a "barnyard epithet."
In any event, we need a St. Augustine National Historical Park, National Seashore and National Scenic Coastal Highway,of which the St. Augustine Beach parcel would make a great piece. Add to it the state parks, water management district land, Fort Matanzas, the Castillo San Marco and parts of downtown St. Augustine, and we'll have a world class tourist destinations.
Speaking of "barnyard epithets," Mayor JOSEPH LEROY BOLES, JR. not only forbade his mother to comment on public policy (after she supported the Park and told me so and told an elected official that she supported it). He pressred his own mother into calling the St. Augustine Record and causing a ruckus, claiming she was misquoted.
She wasn't misquoted. Maurine Boles came up to me after I spoke at a St. Augustine City Commission meeting and (taking my hand in both of her hands), thanked me for supporting what she'd been saying for 30-some years, saying she felt like the head of the Don Quixote Society.
It shows the depravity and meanness of JOSEPH LEROY BOLES, JR. that he'd appoint his mother to the historic advisory committee, then issue an illegal gag order, violating the First Amendment rights of his own mother, forbidding her to express her opinions about the very matters she was appointed to the committee to give advice on.
This spineless Mayor JOSEPH LEROY BOLES, Jr. is a lapdog for LEN WEEKS (his client) and is rude and crude to residents -- he more closely resembles Henry VIII than an elected mayor. It's time for him to go.
Maratea balks at offer -- St. Augustine Beach's lower offer 'laughable,' says land owner
Maratea balks at offer--St. Augustine Beach's lower offer 'laughable,' says land owner
By DOUGLAS JORDAN
Special to The St. Augustine Record
Publication Date: 02/26/09
One of the principal owners of the Maratea tract is hopping mad with the City of St. Augustine Beach, and he sent a scathing e-mail to City Manager Max Royle this week, chastising the city for lowering its offer to $4.5 million for the property.
The new offer is about $1.2 million less than the amount discussed between the city and the property owners last August, when voters agreed to up to half a mill in property taxes to pay the long-term debt to acquire the first 11 acres of the land, which the city wants to turn into a public park.
Since then he city has had the land reappraised ,and the new, lower offer reflects the new appraisal. It was done on Feb. 13 by Lampe, Roy and Associates of Jacksonville at the recommendation of City Attorney Geoff Dobson.
In the letter, one of the principal owners, Douglas C. Bush, president of SSW & Bush Contractors, LLC, called the new offer "laughable and inflammatory.
"You have wasted a year of our time, made us look like greedy developers and cast a bad light on the value of the property in the public and had it published," Bush wrote.
"This is the reward we get for working tirelessly with you and the county to achieve what you told us you were doing in the best interest of the citizens of the City Of St. Augustine Beach and St. Johns County. You had us believing the City was committed to make this purchase and that the citizens had spoken on the subject and so we went along with you. In the end this is total [expletive deleted]."
Bush also called the new appraisal and offer "damaging to what may be the real value of our property."
"We would never (have) agreed to you presenting what we feel (is) incorrect and inaccurate data as to the value of our land to the public," Bush wrote. "I feel damaged and cheated.
Bush could not be reached for comment Wednesday.
Mayor Frank Charles said he was "extremely displeased" with the letter.
"I didn't care for the e-mail at all," he said Wednesday. "I knew they wouldn't be happy with the lower offer, but I didn't expect that kind of reaction. I certainly didn't expect them to blame us."
Charles said he expected a representative of the property owners to be at the upcoming City Commission meeting on Monday. Charles said he will be out of town that day and may not be able to attend the meeting himself. In that case, the vice mayor, Brud Helhoski would speak for the city.
If the city and the owners cannot reach an agreement, then the city may have to hold off on the purchase, the mayor said. If that happens, the city would not impose the half mil increase approved for the purchase, Charles said.
"I know our attorney has advised us that cities do sometimes pay more than appraised value for properties, but I'm not ready to spend more than a million dollars more than it's worth, especially when the city is struggling with its budget due to the economy," Charles said. "I think it's time we go back to the public on this. I certainly would like to hear from them. A lot of people who voted for this initially may have changed their minds."
Charles said he hoped residents would turn out to speak about the issue at Monday's meeting, 7 p.m., St. Augustine Beach City Hall, 2200 A1A S.
Click here to return to story:
http://staugustine.com/stories/022609/news_022609_012.shtml
© The St. Augustine Record
By DOUGLAS JORDAN
Special to The St. Augustine Record
Publication Date: 02/26/09
One of the principal owners of the Maratea tract is hopping mad with the City of St. Augustine Beach, and he sent a scathing e-mail to City Manager Max Royle this week, chastising the city for lowering its offer to $4.5 million for the property.
The new offer is about $1.2 million less than the amount discussed between the city and the property owners last August, when voters agreed to up to half a mill in property taxes to pay the long-term debt to acquire the first 11 acres of the land, which the city wants to turn into a public park.
Since then he city has had the land reappraised ,and the new, lower offer reflects the new appraisal. It was done on Feb. 13 by Lampe, Roy and Associates of Jacksonville at the recommendation of City Attorney Geoff Dobson.
In the letter, one of the principal owners, Douglas C. Bush, president of SSW & Bush Contractors, LLC, called the new offer "laughable and inflammatory.
"You have wasted a year of our time, made us look like greedy developers and cast a bad light on the value of the property in the public and had it published," Bush wrote.
"This is the reward we get for working tirelessly with you and the county to achieve what you told us you were doing in the best interest of the citizens of the City Of St. Augustine Beach and St. Johns County. You had us believing the City was committed to make this purchase and that the citizens had spoken on the subject and so we went along with you. In the end this is total [expletive deleted]."
Bush also called the new appraisal and offer "damaging to what may be the real value of our property."
"We would never (have) agreed to you presenting what we feel (is) incorrect and inaccurate data as to the value of our land to the public," Bush wrote. "I feel damaged and cheated.
Bush could not be reached for comment Wednesday.
Mayor Frank Charles said he was "extremely displeased" with the letter.
"I didn't care for the e-mail at all," he said Wednesday. "I knew they wouldn't be happy with the lower offer, but I didn't expect that kind of reaction. I certainly didn't expect them to blame us."
Charles said he expected a representative of the property owners to be at the upcoming City Commission meeting on Monday. Charles said he will be out of town that day and may not be able to attend the meeting himself. In that case, the vice mayor, Brud Helhoski would speak for the city.
If the city and the owners cannot reach an agreement, then the city may have to hold off on the purchase, the mayor said. If that happens, the city would not impose the half mil increase approved for the purchase, Charles said.
"I know our attorney has advised us that cities do sometimes pay more than appraised value for properties, but I'm not ready to spend more than a million dollars more than it's worth, especially when the city is struggling with its budget due to the economy," Charles said. "I think it's time we go back to the public on this. I certainly would like to hear from them. A lot of people who voted for this initially may have changed their minds."
Charles said he hoped residents would turn out to speak about the issue at Monday's meeting, 7 p.m., St. Augustine Beach City Hall, 2200 A1A S.
Click here to return to story:
http://staugustine.com/stories/022609/news_022609_012.shtml
© The St. Augustine Record
Harrumph! HARRISS' HEYBOY FINALLY SPEAKS ABOUT MARIA SANCHEZ LAKE WHITE BLOCK ENCIRCLEMENT (SWIMMING POOL UGLIFICATION PROJECT)
You've got to hand it to WILLIAM B. HARRISS' heyboy, JOHN REGAN, the itty-bitty petty City's designated javelin catcher and all-around ingratiating Eddie Haskell (from TV's "Leave it to Beaver").
When I asked him about the Maria Sanchez Lake Project, he didn't answer specific questions. He claimed the project was in response to the "community.' That would be rich dull white guys, like the WHETSTONES and CRICHLOWS. Now, when asked by the Record, REGAN pretends to be nature boy.
Look at the project. It's ugly. It's in the wrong color. We haven't had our questions answered.
And of course, there was whining about my having reported the Maria Sanchez Lake problem to the National Response Center emitted at Monday's City Commission meeting by none other than the estimable City Attorney RONALD BROWN, ex-partner of tatterdemalion GEOFFREY DOBSON (who almost stuck county taxpayers with a $2million no-bid luxury jet helicopter for mosquito control, one he claimed was "sole source," which was unadorned by a single feature to kill a single skeeter, including tanks).
I wear their scorn as a badge of honor. And seeing Maria Sanchez Lake almost daily, I wonder about the birds and other wildlife, and why the weird satraps in City Hall insist on destroying nature here, there, and everywhere -- do the hate the environment or are they just looking for capital-intensive projects to uglify the world with, revealing again their "libido for the ugly?"
Bulkhead to boost Maria Sanchez banks--- looks plum unnatural, not unlike a "swimming pool" with ugly white blocks
Bulkhead to boost Maria Sanchez banks
Goal is to improve quality of lake, prevent erosion
By PETER GUINTA
peter.guinta@staugustine.com
Publication Date: 02/26/09
Construction of a 3-foot-high concrete bulkhead surrounding Lake Maria Sanchez has begun and will last until late spring, St. Augustine officials said Wednesday.
John Regan, chief operations officer for the city, said all the parts of the Lego-like wall add up to 1,600 feet long.
Directly in front of the bulkhead, a littoral area -- a tidal ecological zone along the shore -- will be created and planted with black mangrove, needle rush, spartina and cord grass -- all types of wetland vegetation.
"The No. 1 goal is to maintain and improve the lake's quality. The No. 2 goal is shoreline stabilization," Regan said. "Some erosion was particularly bad."
The project was conceived when the community realized that the old weir under South Street Bridge was not easily operable and that as a result the 8.6-acre lake occasionally flooded its banks.
Also, the stagnant water heated up in the summer, losing dissolved oxygen and killing thousands of fish.
A 2006 St. Johns River Water Management District grant paid for a new weir with instruments to read dissolved oxygen and prevent kills.
"The instruments help when we see the lake heading for a eutrophic [low-oxygen] state. This lake has a brackish, diverse ecosystem, one we monitor and watch," Regan said.
The lake becomes refreshed when its water is drawn down and replaced with fresher water from the marsh.
The surrounding property owners are happy that this is finally being completed, Regan said.
But at least one Lincolnville resident, Judith Seraphin, a neighborhood advocate, groused about the project.
A resident of South Street, she said, "The lake looks like a swimming pool now. Why did we need white (blocks)? They could have used a natural stone color. It's just so jarring."
Retired science and math teacher Ned Shuler of St. Augustine, immediate past president of St. Johns Audubon, said he didn't see a great deal of bird habitat being lost with this new installation.
"There's not a lot of bird habitat on the banks of the lake," Shuler said. "There's plenty on the marsh side, which is really a great habitat for wading birds. But the landscape is manicured all the way around. I've never seen a great number of ducks on the lake, but I haven't consciously surveyed it."
Roger Van Ghent of St. Augustine, also a former president of St. Johns Audubon, said he had no specific problem with the bulkhead, but he hoped the littoral zone would be created with two depths, "one about 6 inches deep for short-legged birds and one about a foot deep for long-legged birds."
Regan said the lake isn't pristine. The minor dredging work on the wall unearthed many decades-old bottles.
"Lake Maria Sanchez receives water from 80 downtown acres and has collected urban runoff for 100 years," he said. "This project will age and become part of the community."
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© The St. Augustine Record
Wednesday, February 25, 2009
USDOJ Press Release: TWO INVESTMENT MANAGERS ARRESTED ON FRAUD CHARGES
United States Attorney Southern District of New York
FOR IMMEDIATE RELEASE
FEBRUARY 25 , 2009 CONTACT: U.S. ATTORNEY'S OFFICE
HERBERT HADAD
YUSILL SCRIBNER,
REBEKAH CARMICHAEL
JANICE OH
PUBLIC INFORMATION OFFICE
(914) 993-1900
(212) 637-2600
TWO INVESTMENT MANAGERS ARRESTED ON FRAUD CHARGES
NEW YORK - Lev L. Dassin, the Acting United States Attorney for the Southern District of New York, and Joseph M. Demarest, Jr., the Assistant Director-in-Charge of the FBI’s New York Field Division, announced today that Paul Greenwood, 61, of North Salem, N.Y., and Stephen Walsh, 64, of Sands Point, N.Y., were arrested this morning on conspiracy, securities fraud and wire fraud charges.
According to a three-count complaint unsealed today in Manhattan federal court, from at least 1996 through February 2009, Greenwood and Walsh ran a fraudulent commodities trading and investment advisory scheme using an entity they controlled called WG Trading Investors. Through a marketer, Greenwood and Walsh solicited investor funds on the understanding that they would invest the funds in a program called “enhanced stock indexing,” which they represented was a conservative trading strategy that had outperformed the results of the S&P 500 Index for more than 10 years.
Several institutional investors – including charitable and university foundations, retirement and pension plans and others – invested more than $668 million through WG Trading Investors, receiving in exchange promissory notes issued by WG Trading Investors that the defendants represented would pay interest at a rate equal to the investment returns earned by the enhanced stock indexing strategy.
Contrary to their representations to their investors, Greenwood and Walsh are alleged to have misappropriated the majority of the investor funds. Among other things, Greenwood is alleged to have used the funds to purchase expensive collectible items and horses, as well as for other personal expenditures. Walsh is alleged to have misappropriated investor funds for himself, and to have made large cash payments to his ex-wife.
Both Greenwood and Walsh executed promissory notes in favor of WG Investors with respect to the investor funds they misappropriated and to conceal trading losses. These promissory notes totaled approximately $293 million for Greenwood and approximately $261 million for Walsh.
In February 2009, the National Futures Association (NFA) conducted an audit of WG Investors and related entities. In the audit, the NFA discovered that of approximately $812 million purportedly on the books of WG Investors, more than $794 million was booked as receivables due from Greenwood and Walsh and investments in entities that they controlled.
The charges contained in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Greenwood and Walsh surrendered this morning to the FBI and are expected to be presented today before United States Magistrate Judge Douglas F. Eaton in Manhattan federal court.
Greenwood and Walsh are each charged with one count of conspiracy to commit securities fraud and wire fraud, one count of securities fraud, and one count of wire fraud. The conspiracy count carries a maximum sentence of five years in prison and a maximum fine of $250,000, or twice the gross gain or loss from the offense. The securities fraud count carries a maximum sentence of 20 years in prison and a maximum fine of $5 million, or twice the gross gain or loss from the offense. The wire fraud count carries a maximum sentence of 20 years in prison and a maximum fine of $250,000, or twice the gross gain or loss from the offense.
Mr. Dassin praised the investigative work of the FBI in this case, and thanked the Securities and Exchange Commission, the United States Commodity Futures Trading Commission and the NFA for their assistance. He added that the investigation is continuing.
Assistant U.S. Attorneys John J. O’Donnell, Jessica A. Roth and Amy Lester are in charge of the prosecution.
###
FOR IMMEDIATE RELEASE
FEBRUARY 25 , 2009 CONTACT: U.S. ATTORNEY'S OFFICE
HERBERT HADAD
YUSILL SCRIBNER,
REBEKAH CARMICHAEL
JANICE OH
PUBLIC INFORMATION OFFICE
(914) 993-1900
(212) 637-2600
TWO INVESTMENT MANAGERS ARRESTED ON FRAUD CHARGES
NEW YORK - Lev L. Dassin, the Acting United States Attorney for the Southern District of New York, and Joseph M. Demarest, Jr., the Assistant Director-in-Charge of the FBI’s New York Field Division, announced today that Paul Greenwood, 61, of North Salem, N.Y., and Stephen Walsh, 64, of Sands Point, N.Y., were arrested this morning on conspiracy, securities fraud and wire fraud charges.
According to a three-count complaint unsealed today in Manhattan federal court, from at least 1996 through February 2009, Greenwood and Walsh ran a fraudulent commodities trading and investment advisory scheme using an entity they controlled called WG Trading Investors. Through a marketer, Greenwood and Walsh solicited investor funds on the understanding that they would invest the funds in a program called “enhanced stock indexing,” which they represented was a conservative trading strategy that had outperformed the results of the S&P 500 Index for more than 10 years.
Several institutional investors – including charitable and university foundations, retirement and pension plans and others – invested more than $668 million through WG Trading Investors, receiving in exchange promissory notes issued by WG Trading Investors that the defendants represented would pay interest at a rate equal to the investment returns earned by the enhanced stock indexing strategy.
Contrary to their representations to their investors, Greenwood and Walsh are alleged to have misappropriated the majority of the investor funds. Among other things, Greenwood is alleged to have used the funds to purchase expensive collectible items and horses, as well as for other personal expenditures. Walsh is alleged to have misappropriated investor funds for himself, and to have made large cash payments to his ex-wife.
Both Greenwood and Walsh executed promissory notes in favor of WG Investors with respect to the investor funds they misappropriated and to conceal trading losses. These promissory notes totaled approximately $293 million for Greenwood and approximately $261 million for Walsh.
In February 2009, the National Futures Association (NFA) conducted an audit of WG Investors and related entities. In the audit, the NFA discovered that of approximately $812 million purportedly on the books of WG Investors, more than $794 million was booked as receivables due from Greenwood and Walsh and investments in entities that they controlled.
The charges contained in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Greenwood and Walsh surrendered this morning to the FBI and are expected to be presented today before United States Magistrate Judge Douglas F. Eaton in Manhattan federal court.
Greenwood and Walsh are each charged with one count of conspiracy to commit securities fraud and wire fraud, one count of securities fraud, and one count of wire fraud. The conspiracy count carries a maximum sentence of five years in prison and a maximum fine of $250,000, or twice the gross gain or loss from the offense. The securities fraud count carries a maximum sentence of 20 years in prison and a maximum fine of $5 million, or twice the gross gain or loss from the offense. The wire fraud count carries a maximum sentence of 20 years in prison and a maximum fine of $250,000, or twice the gross gain or loss from the offense.
Mr. Dassin praised the investigative work of the FBI in this case, and thanked the Securities and Exchange Commission, the United States Commodity Futures Trading Commission and the NFA for their assistance. He added that the investigation is continuing.
Assistant U.S. Attorneys John J. O’Donnell, Jessica A. Roth and Amy Lester are in charge of the prosecution.
###
USDOJ Press Release: THREE FORMER ATLANTA POLICE OFFICERS SENTENCED TO FEDERAL PRISON IN FATAL SHOOTING OF ELDERLY ATLANTA WOMAN -- Defendants Pled
FOR IMMEDIATE RELEASE CONTACT: Patrick Crosby
2/24/09 (404)581-6016
http://www.usdoj.gov/usao/gan/ FAX (404)581-6160
THREE FORMER ATLANTA POLICE OFFICERS SENTENCED TO FEDERAL PRISON IN FATAL SHOOTING OF ELDERLY ATLANTA WOMAN
Defendants Pleaded Guilty to Conspiracy to Violate Civil Rights Resulting in the Death of 92-Year Old Atlanta Resident Kathryn Johnston
Atlanta, GA—David E. Nahmias, United States Attorney for the Northern District of Georgia; Loretta King, Acting Assistant Attorney General, Civil Rights Division, U.S. Department of Justice; and Gregory Jones, Special Agent in Charge, Federal Bureau of Investigation, announced that three former Atlanta Police Department (APD) officers were sentenced to prison today by Chief United States District Judge Julie E. Carnes on a charge of conspiracy to violate civil rights resulting in death, arising from the fatal police shooting of Kathryn Johnston, a 92-year old Atlanta woman, at her home during the execution of a search warrant obtained by the defendants based upon false information on November 21, 2006.
JASON R. SMITH, 36, of Oxford, Georgia, was sentenced to 10 years in federal prison. GREGG JUNNIER, 42, of Woodstock, Georgia, was sentenced to six years in federal prison. ARTHUR TESLER, 42, of Acworth, Georgia was sentenced to five years in federal prison. There is no parole in the federal system. Each defendant was also sentenced to serve three years on supervised release following his prison term, and collectively to pay $8,180 in restitution for the costs of Ms. Johnston’s funeral and burial.
In a brief news conference after the sentencing hearings, United States Attorney David E. Nahmias said in part, “As Atlanta police narcotics officers, these three defendants repeatedly failed to follow proper procedures and then lied under oath to obtain search warrants. Their routine violations of the Fourth Amendment led to the death of an innocent citizen. The death of Kathryn Johnston in a police shooting was a terrible tragedy for a law-abiding elderly woman, her family, and friends and our entire community. But as her family and others hoped, from this tragedy have come two positive results. First, it has led the Atlanta Police Department to implement useful reforms in training and supervision and to entirely revamp its Narcotics Unit, reducing the possibility of a similar tragedy in the future. Second, the significant prison sentences imposed by the Court today should send a strong message to other law enforcement officers who may be tempted to lie under oath or otherwise violate the law. Officers who think, as these defendants once did, that the ends justify the means or that ‘taking shortcuts' and telling lies will not be discovered and punished should realize that they are risking their careers and their liberty. And officers who try to obstruct justice when their misconduct faces exposure, rather than cooperating in the investigation, should realize that they will face even more severe punishment.”
In Washington D.C. Acting Assistant Attorney General Loretta King said, “The Justice Department is committed to vigorously prosecuting law enforcement officers who willfully disregard the Constitution and abuse their authority to violate the rights of others. This sort of unlawful behavior, resulting in Ms. Johnston's tragic death, undermines the efforts of law enforcement officers who honorably perform their duties.”
Gregory Jones, Special Agent in Charge, FBI Atlanta, said, “This is a sad day in the law enforcement community. Few crimes are as reprehensible as those committed by police officers who violate the very laws they have sworn to uphold. Our thoughts and prayers are with the Johnston family, and we hope today's sentencing helps bring closure to this tragedy. Further, we want the public to know the FBI will continue to pursue and bring to justice those who violate their oaths of office and the civil rights of others.”
JUNNIER and SMITH pleaded guilty to the federal civil rights conspiracy charge, as well as voluntary manslaughter and related state charges in Fulton County ( Georgia) Superior Court, on April 26, 2007. Pursuant to their plea agreements, they are scheduled to be sentenced in state court on March 5, 2009, to the same sentence imposed in federal court, with the sentences to be served concurrently. TESLER initially declined to plead guilty and was indicted in state court on charges of violation of oath of office by a public officer, false imprisonment and false statements. In 2008, TESLER was convicted at trial in state court on the false statement charges, but that conviction has been reversed on appeal. Following the state trial, federal authorities re-evaluated TESLER’S case, conducted further investigation, and determined that federal prosecution of TESLER was appropriate. TESLER pleaded guilty to the federal charge on October 30, 2008.
JUNNIER began cooperating truthfully with authorities shortly after the federal investigation began and provided valuable assistance in the investigation and prosecution of SMITH and TESLER. Additionally, JUNNIER’S cooperation led to guilty pleas to federal charges by two additional APD officers, including a separate civil rights offense committed by the sergeant who commanded the narcotics team involved in the shooting. SMITH cooperated to a more limited extent. Both former officers provided information relevant to a broader FBI investigation of misconduct by APD narcotics and other officers, which culminated in a report provided by the FBI to APD Chief Richard Pennington in October 2008 for consideration of potential administrative discipline against other APD officers. As a result of their cooperation, the Court reduced JUNNIER’s sentence by 40 percent and SMITH’s sentence by 20 percent. TESLER did not provide substantial assistance in the investigation and received no sentence reduction on that ground, although his sentence was reduced based on his lesser role in the conspiracy.
The facts and other details regarding the case are set forth in the government’s Sentencing Memorandum attached to this release. (NEWS MEDIA NOTE: additional copies of the Sentencing Memorandum are available upon request.)
This case was investigated by special agents of the Federal Bureau of Investigation.
Assistant United States Attorney Jon-Peter Kelly, United States Attorney David E. Nahmias, and Department of Justice Civil Rights Division Special Litigation Counsel Paige M. Fitzgerald prosecuted 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.
FBI Home Page
Atlanta Home Page Atlanta Press Releases
2/24/09 (404)581-6016
http://www.usdoj.gov/usao/gan/ FAX (404)581-6160
THREE FORMER ATLANTA POLICE OFFICERS SENTENCED TO FEDERAL PRISON IN FATAL SHOOTING OF ELDERLY ATLANTA WOMAN
Defendants Pleaded Guilty to Conspiracy to Violate Civil Rights Resulting in the Death of 92-Year Old Atlanta Resident Kathryn Johnston
Atlanta, GA—David E. Nahmias, United States Attorney for the Northern District of Georgia; Loretta King, Acting Assistant Attorney General, Civil Rights Division, U.S. Department of Justice; and Gregory Jones, Special Agent in Charge, Federal Bureau of Investigation, announced that three former Atlanta Police Department (APD) officers were sentenced to prison today by Chief United States District Judge Julie E. Carnes on a charge of conspiracy to violate civil rights resulting in death, arising from the fatal police shooting of Kathryn Johnston, a 92-year old Atlanta woman, at her home during the execution of a search warrant obtained by the defendants based upon false information on November 21, 2006.
JASON R. SMITH, 36, of Oxford, Georgia, was sentenced to 10 years in federal prison. GREGG JUNNIER, 42, of Woodstock, Georgia, was sentenced to six years in federal prison. ARTHUR TESLER, 42, of Acworth, Georgia was sentenced to five years in federal prison. There is no parole in the federal system. Each defendant was also sentenced to serve three years on supervised release following his prison term, and collectively to pay $8,180 in restitution for the costs of Ms. Johnston’s funeral and burial.
In a brief news conference after the sentencing hearings, United States Attorney David E. Nahmias said in part, “As Atlanta police narcotics officers, these three defendants repeatedly failed to follow proper procedures and then lied under oath to obtain search warrants. Their routine violations of the Fourth Amendment led to the death of an innocent citizen. The death of Kathryn Johnston in a police shooting was a terrible tragedy for a law-abiding elderly woman, her family, and friends and our entire community. But as her family and others hoped, from this tragedy have come two positive results. First, it has led the Atlanta Police Department to implement useful reforms in training and supervision and to entirely revamp its Narcotics Unit, reducing the possibility of a similar tragedy in the future. Second, the significant prison sentences imposed by the Court today should send a strong message to other law enforcement officers who may be tempted to lie under oath or otherwise violate the law. Officers who think, as these defendants once did, that the ends justify the means or that ‘taking shortcuts' and telling lies will not be discovered and punished should realize that they are risking their careers and their liberty. And officers who try to obstruct justice when their misconduct faces exposure, rather than cooperating in the investigation, should realize that they will face even more severe punishment.”
In Washington D.C. Acting Assistant Attorney General Loretta King said, “The Justice Department is committed to vigorously prosecuting law enforcement officers who willfully disregard the Constitution and abuse their authority to violate the rights of others. This sort of unlawful behavior, resulting in Ms. Johnston's tragic death, undermines the efforts of law enforcement officers who honorably perform their duties.”
Gregory Jones, Special Agent in Charge, FBI Atlanta, said, “This is a sad day in the law enforcement community. Few crimes are as reprehensible as those committed by police officers who violate the very laws they have sworn to uphold. Our thoughts and prayers are with the Johnston family, and we hope today's sentencing helps bring closure to this tragedy. Further, we want the public to know the FBI will continue to pursue and bring to justice those who violate their oaths of office and the civil rights of others.”
JUNNIER and SMITH pleaded guilty to the federal civil rights conspiracy charge, as well as voluntary manslaughter and related state charges in Fulton County ( Georgia) Superior Court, on April 26, 2007. Pursuant to their plea agreements, they are scheduled to be sentenced in state court on March 5, 2009, to the same sentence imposed in federal court, with the sentences to be served concurrently. TESLER initially declined to plead guilty and was indicted in state court on charges of violation of oath of office by a public officer, false imprisonment and false statements. In 2008, TESLER was convicted at trial in state court on the false statement charges, but that conviction has been reversed on appeal. Following the state trial, federal authorities re-evaluated TESLER’S case, conducted further investigation, and determined that federal prosecution of TESLER was appropriate. TESLER pleaded guilty to the federal charge on October 30, 2008.
JUNNIER began cooperating truthfully with authorities shortly after the federal investigation began and provided valuable assistance in the investigation and prosecution of SMITH and TESLER. Additionally, JUNNIER’S cooperation led to guilty pleas to federal charges by two additional APD officers, including a separate civil rights offense committed by the sergeant who commanded the narcotics team involved in the shooting. SMITH cooperated to a more limited extent. Both former officers provided information relevant to a broader FBI investigation of misconduct by APD narcotics and other officers, which culminated in a report provided by the FBI to APD Chief Richard Pennington in October 2008 for consideration of potential administrative discipline against other APD officers. As a result of their cooperation, the Court reduced JUNNIER’s sentence by 40 percent and SMITH’s sentence by 20 percent. TESLER did not provide substantial assistance in the investigation and received no sentence reduction on that ground, although his sentence was reduced based on his lesser role in the conspiracy.
The facts and other details regarding the case are set forth in the government’s Sentencing Memorandum attached to this release. (NEWS MEDIA NOTE: additional copies of the Sentencing Memorandum are available upon request.)
This case was investigated by special agents of the Federal Bureau of Investigation.
Assistant United States Attorney Jon-Peter Kelly, United States Attorney David E. Nahmias, and Department of Justice Civil Rights Division Special Litigation Counsel Paige M. Fitzgerald prosecuted 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.
FBI Home Page
Atlanta Home Page Atlanta Press Releases
USDOJ Press Release: THREE FORMER ATLANTA POLICE OFFICERS SENTENCED TO FEDERAL PRISON IN FATAL SHOOTING OF ELDERLY ATLANTA WOMAN -- Defendants Pled
FOR IMMEDIATE RELEASE CONTACT: Patrick Crosby
2/24/09 (404)581-6016
http://www.usdoj.gov/usao/gan/ FAX (404)581-6160
THREE FORMER ATLANTA POLICE OFFICERS SENTENCED TO FEDERAL PRISON IN FATAL SHOOTING OF ELDERLY ATLANTA WOMAN
Defendants Pleaded Guilty to Conspiracy to Violate Civil Rights Resulting in the Death of 92-Year Old Atlanta Resident Kathryn Johnston
Atlanta, GA—David E. Nahmias, United States Attorney for the Northern District of Georgia; Loretta King, Acting Assistant Attorney General, Civil Rights Division, U.S. Department of Justice; and Gregory Jones, Special Agent in Charge, Federal Bureau of Investigation, announced that three former Atlanta Police Department (APD) officers were sentenced to prison today by Chief United States District Judge Julie E. Carnes on a charge of conspiracy to violate civil rights resulting in death, arising from the fatal police shooting of Kathryn Johnston, a 92-year old Atlanta woman, at her home during the execution of a search warrant obtained by the defendants based upon false information on November 21, 2006.
JASON R. SMITH, 36, of Oxford, Georgia, was sentenced to 10 years in federal prison. GREGG JUNNIER, 42, of Woodstock, Georgia, was sentenced to six years in federal prison. ARTHUR TESLER, 42, of Acworth, Georgia was sentenced to five years in federal prison. There is no parole in the federal system. Each defendant was also sentenced to serve three years on supervised release following his prison term, and collectively to pay $8,180 in restitution for the costs of Ms. Johnston’s funeral and burial.
In a brief news conference after the sentencing hearings, United States Attorney David E. Nahmias said in part, “As Atlanta police narcotics officers, these three defendants repeatedly failed to follow proper procedures and then lied under oath to obtain search warrants. Their routine violations of the Fourth Amendment led to the death of an innocent citizen. The death of Kathryn Johnston in a police shooting was a terrible tragedy for a law-abiding elderly woman, her family, and friends and our entire community. But as her family and others hoped, from this tragedy have come two positive results. First, it has led the Atlanta Police Department to implement useful reforms in training and supervision and to entirely revamp its Narcotics Unit, reducing the possibility of a similar tragedy in the future. Second, the significant prison sentences imposed by the Court today should send a strong message to other law enforcement officers who may be tempted to lie under oath or otherwise violate the law. Officers who think, as these defendants once did, that the ends justify the means or that ‘taking shortcuts' and telling lies will not be discovered and punished should realize that they are risking their careers and their liberty. And officers who try to obstruct justice when their misconduct faces exposure, rather than cooperating in the investigation, should realize that they will face even more severe punishment.”
In Washington D.C. Acting Assistant Attorney General Loretta King said, “The Justice Department is committed to vigorously prosecuting law enforcement officers who willfully disregard the Constitution and abuse their authority to violate the rights of others. This sort of unlawful behavior, resulting in Ms. Johnston's tragic death, undermines the efforts of law enforcement officers who honorably perform their duties.”
Gregory Jones, Special Agent in Charge, FBI Atlanta, said, “This is a sad day in the law enforcement community. Few crimes are as reprehensible as those committed by police officers who violate the very laws they have sworn to uphold. Our thoughts and prayers are with the Johnston family, and we hope today's sentencing helps bring closure to this tragedy. Further, we want the public to know the FBI will continue to pursue and bring to justice those who violate their oaths of office and the civil rights of others.”
JUNNIER and SMITH pleaded guilty to the federal civil rights conspiracy charge, as well as voluntary manslaughter and related state charges in Fulton County ( Georgia) Superior Court, on April 26, 2007. Pursuant to their plea agreements, they are scheduled to be sentenced in state court on March 5, 2009, to the same sentence imposed in federal court, with the sentences to be served concurrently. TESLER initially declined to plead guilty and was indicted in state court on charges of violation of oath of office by a public officer, false imprisonment and false statements. In 2008, TESLER was convicted at trial in state court on the false statement charges, but that conviction has been reversed on appeal. Following the state trial, federal authorities re-evaluated TESLER’S case, conducted further investigation, and determined that federal prosecution of TESLER was appropriate. TESLER pleaded guilty to the federal charge on October 30, 2008.
JUNNIER began cooperating truthfully with authorities shortly after the federal investigation began and provided valuable assistance in the investigation and prosecution of SMITH and TESLER. Additionally, JUNNIER’S cooperation led to guilty pleas to federal charges by two additional APD officers, including a separate civil rights offense committed by the sergeant who commanded the narcotics team involved in the shooting. SMITH cooperated to a more limited extent. Both former officers provided information relevant to a broader FBI investigation of misconduct by APD narcotics and other officers, which culminated in a report provided by the FBI to APD Chief Richard Pennington in October 2008 for consideration of potential administrative discipline against other APD officers. As a result of their cooperation, the Court reduced JUNNIER’s sentence by 40 percent and SMITH’s sentence by 20 percent. TESLER did not provide substantial assistance in the investigation and received no sentence reduction on that ground, although his sentence was reduced based on his lesser role in the conspiracy.
The facts and other details regarding the case are set forth in the government’s Sentencing Memorandum attached to this release. (NEWS MEDIA NOTE: additional copies of the Sentencing Memorandum are available upon request.)
This case was investigated by special agents of the Federal Bureau of Investigation.
Assistant United States Attorney Jon-Peter Kelly, United States Attorney David E. Nahmias, and Department of Justice Civil Rights Division Special Litigation Counsel Paige M. Fitzgerald prosecuted 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.
FBI Home Page
Atlanta Home Page Atlanta Press Releases
2/24/09 (404)581-6016
http://www.usdoj.gov/usao/gan/ FAX (404)581-6160
THREE FORMER ATLANTA POLICE OFFICERS SENTENCED TO FEDERAL PRISON IN FATAL SHOOTING OF ELDERLY ATLANTA WOMAN
Defendants Pleaded Guilty to Conspiracy to Violate Civil Rights Resulting in the Death of 92-Year Old Atlanta Resident Kathryn Johnston
Atlanta, GA—David E. Nahmias, United States Attorney for the Northern District of Georgia; Loretta King, Acting Assistant Attorney General, Civil Rights Division, U.S. Department of Justice; and Gregory Jones, Special Agent in Charge, Federal Bureau of Investigation, announced that three former Atlanta Police Department (APD) officers were sentenced to prison today by Chief United States District Judge Julie E. Carnes on a charge of conspiracy to violate civil rights resulting in death, arising from the fatal police shooting of Kathryn Johnston, a 92-year old Atlanta woman, at her home during the execution of a search warrant obtained by the defendants based upon false information on November 21, 2006.
JASON R. SMITH, 36, of Oxford, Georgia, was sentenced to 10 years in federal prison. GREGG JUNNIER, 42, of Woodstock, Georgia, was sentenced to six years in federal prison. ARTHUR TESLER, 42, of Acworth, Georgia was sentenced to five years in federal prison. There is no parole in the federal system. Each defendant was also sentenced to serve three years on supervised release following his prison term, and collectively to pay $8,180 in restitution for the costs of Ms. Johnston’s funeral and burial.
In a brief news conference after the sentencing hearings, United States Attorney David E. Nahmias said in part, “As Atlanta police narcotics officers, these three defendants repeatedly failed to follow proper procedures and then lied under oath to obtain search warrants. Their routine violations of the Fourth Amendment led to the death of an innocent citizen. The death of Kathryn Johnston in a police shooting was a terrible tragedy for a law-abiding elderly woman, her family, and friends and our entire community. But as her family and others hoped, from this tragedy have come two positive results. First, it has led the Atlanta Police Department to implement useful reforms in training and supervision and to entirely revamp its Narcotics Unit, reducing the possibility of a similar tragedy in the future. Second, the significant prison sentences imposed by the Court today should send a strong message to other law enforcement officers who may be tempted to lie under oath or otherwise violate the law. Officers who think, as these defendants once did, that the ends justify the means or that ‘taking shortcuts' and telling lies will not be discovered and punished should realize that they are risking their careers and their liberty. And officers who try to obstruct justice when their misconduct faces exposure, rather than cooperating in the investigation, should realize that they will face even more severe punishment.”
In Washington D.C. Acting Assistant Attorney General Loretta King said, “The Justice Department is committed to vigorously prosecuting law enforcement officers who willfully disregard the Constitution and abuse their authority to violate the rights of others. This sort of unlawful behavior, resulting in Ms. Johnston's tragic death, undermines the efforts of law enforcement officers who honorably perform their duties.”
Gregory Jones, Special Agent in Charge, FBI Atlanta, said, “This is a sad day in the law enforcement community. Few crimes are as reprehensible as those committed by police officers who violate the very laws they have sworn to uphold. Our thoughts and prayers are with the Johnston family, and we hope today's sentencing helps bring closure to this tragedy. Further, we want the public to know the FBI will continue to pursue and bring to justice those who violate their oaths of office and the civil rights of others.”
JUNNIER and SMITH pleaded guilty to the federal civil rights conspiracy charge, as well as voluntary manslaughter and related state charges in Fulton County ( Georgia) Superior Court, on April 26, 2007. Pursuant to their plea agreements, they are scheduled to be sentenced in state court on March 5, 2009, to the same sentence imposed in federal court, with the sentences to be served concurrently. TESLER initially declined to plead guilty and was indicted in state court on charges of violation of oath of office by a public officer, false imprisonment and false statements. In 2008, TESLER was convicted at trial in state court on the false statement charges, but that conviction has been reversed on appeal. Following the state trial, federal authorities re-evaluated TESLER’S case, conducted further investigation, and determined that federal prosecution of TESLER was appropriate. TESLER pleaded guilty to the federal charge on October 30, 2008.
JUNNIER began cooperating truthfully with authorities shortly after the federal investigation began and provided valuable assistance in the investigation and prosecution of SMITH and TESLER. Additionally, JUNNIER’S cooperation led to guilty pleas to federal charges by two additional APD officers, including a separate civil rights offense committed by the sergeant who commanded the narcotics team involved in the shooting. SMITH cooperated to a more limited extent. Both former officers provided information relevant to a broader FBI investigation of misconduct by APD narcotics and other officers, which culminated in a report provided by the FBI to APD Chief Richard Pennington in October 2008 for consideration of potential administrative discipline against other APD officers. As a result of their cooperation, the Court reduced JUNNIER’s sentence by 40 percent and SMITH’s sentence by 20 percent. TESLER did not provide substantial assistance in the investigation and received no sentence reduction on that ground, although his sentence was reduced based on his lesser role in the conspiracy.
The facts and other details regarding the case are set forth in the government’s Sentencing Memorandum attached to this release. (NEWS MEDIA NOTE: additional copies of the Sentencing Memorandum are available upon request.)
This case was investigated by special agents of the Federal Bureau of Investigation.
Assistant United States Attorney Jon-Peter Kelly, United States Attorney David E. Nahmias, and Department of Justice Civil Rights Division Special Litigation Counsel Paige M. Fitzgerald prosecuted 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.
FBI Home Page
Atlanta Home Page Atlanta Press Releases