Saturday, July 26, 2014

DHECC - Comment Bump July 25, 2014

Make no mistake about it, with the implementation of 495 we now have a whole new class.  This new class of claimants has to clear a whole new set of hurdles the previous class claimants did not.  You know, the previous class where the PSC members expedited their own clients' claims....

Anonymous has left a new comment on your post "DHECC - Comment Bump June 7, 2014": 

As of 7/25/14 new denials between 6/2/14 
523 Exclusion Denials
444 Causation Denials
280 Other Denials 
5,821 Incomplete Denials 

Totals 7,068

IN-HALE 


Update:

Anonymous has left a new comment on your post "DHECC - Comment Bump July 25, 2014": 

Just to be clear the 7,068 denials are from the time period the Claims Administrator announced payments would resume after the injunction was lifted and policy 495 would be implemented. 

The total amount of denials issued by the claim center is 55,588 with only 45,975 unique claimants receiving a payment. 

One more interesting fact out of the 45,975 unique claimants paid 19,258 or 42% of them are Coastal Claimants only receiving $2,500 to $5,000 dollars.


IN-HALE 

Wednesday, July 09, 2014

DHECC - Mr. Mockingbird is singing a new tune

Folks, I want you to understand something if you don't already realize it....most mainstream media resources, on the whole, are bullshit PR printing presses....or rather pixel presses.  That holds true in our little swampy corner of the world in spades.

I'm not even going to link to the last TP article on Wisner because I don't want you to see what Herman and Herman are getting for their advertising dollars on NOLA.com but I am going to link to this amazingly ridiculous puff piece written by Lafayette's The Advertiser bemoaning the unfair scrutiny that's been heaped on DHECC Claims Administrator Pat Juneau by BP:

Lafayette lawyer takes heat handling oil spill claims

This thing reads like a Kim Jong Il biopic written by a North Korean press secretary held at gunpoint.

I love this quote:
"My wife and friends began asking me why I didn't just give this up and enjoy my fishing camp on the Atchafalaya Basin," said Juneau, who has a New Orleans apartment a short walk from his office, but spends weekends in his Lafayette home. "The attacks on my reputation are painful. I've had a long career that I'm proud of and never encountered anything like this. But I feel a duty to see this process out to its end." 
I'll tell you why he doesn't give it up....over 300k a month and billing for full work weeks while doing the same on other MDL cases.  That's why.

But the real kicker is that the main source filling the story up with ink/pixels is our trusty old "expert of experts" on the BP settlement, Loyola Law Professor Blain LeCesne.  LeCesne dutifully sings Juneau's praises like a good mockingbird and even suggests he may have nudged some Wall Street swinging dicks to make BP agree to the settlement in the first place.

As luck would have it (not really) within 24 hours of The Advertiser article being published, the Louisiana Record published this article on LeCesne:

Claims expert critical of BP under fire for alleged conflict of interest 

I have known about the NOLMAR issue and LeCesne for months.  If you read this post from December of 2013 I rhetorically queried LeCesne about attempting to expedite a claim, without naming NOLMAR, towards the bottom of the post.

The LA Record article states that Lionel Sutton said he didn't remember speaking to LeCesne but that's not right.  If Sutton actually said that to the Record I suspect he did so because he doesn't trust any MSM resource to tell the truth and can you blame him?  I actually asked Sutton about the NOLMAR issue when I conducted the interview but I decided not to publish it because he said he couldn't definitively say LeCesne was trying to expedite the claim.  Here is that response:

Lionel Sutton - NOLMAR LECESNE from Jason Berry on Vimeo.

* I mispronounced his name in the interview, mea culpa

Sutton also went on to say that it's not surprising that LeCesne specifically called him on the NOLMAR claim as he was the go-to guy on troubled claims.  He also stated that his phone number had been published publicly so he was getting a ton of calls anyway.  In the Record article LeCesne claims he got Lionel's number from a Loyola colleague but I don't think there's anything mischievous there.

What I do think is highly mischievous is this comment LeCesne made to the Record:
“There is a big difference between inquiring about the status of a claim and trying to have it expedited to go in front others who are in the queue,” LeCesne said. “And any attorney representing a BP plaintiff whose claim has not moved for a year would be engaged in malpractice to not inquire about their client’s claim.” 
No shit?  You're fucking with us right, B?  Aside from the fact that he's not NOLMAR's attorney on the claim, he now thinks there is a "big difference in inquiring about the status of a claim as to having it expedited to go in front of others who are in the queue"?

I would love for him to elaborate on that difference...would simply love it.  Cause back in December he was chirping that expediting claims was "much ado about nothing" to the Southeast Texas Record:
 “BP has predictably exaggerated the nature and substance of the findings of the Freeh report, whereas the Freeh report actually validated the process in most respects,” LeCesne said. “The only wrongdoing is an ethical violation by an attorney and other unseemly conduct by some attorneys trying to get their claims paid ahead of others.” 
“When you look at that, it’s not really that bad,” he said. “They probably were overzealous in trying to get their clients and themselves paid before everyone else, but they weren’t trying to extract improper payments. There’s a big difference.”
Forgive me if I'm a little confused here but I'm trying to qualify and quantify all the "big differences".  I suspect it may have something to do with whether or not LeCesne, himself, is being accused of expediting.

I think Mr. Mockingbird may have cut his own vocal chords regarding the BP settlement.  

Sunday, July 06, 2014

Happy B'day baby

Happy 8th Birthday, American Zombie.


Check out this work of art:

 


Oh wait, I mean this:



Wednesday, June 25, 2014

Fracking 2.0

This is from Louisiana Environmental Action Network...:

Leasing and Fracking the Tuscaloosa Marine Shale in St. Tammany Parish

1.0 and 2.0 are scientifically controlled opinions.

Fracking....

....here we go

...we're going to try and list EVERY chemical used in the fracking process....Ready...Set...Go!!!

1st entry is HERE:


Chemical Name
CAS
Chemical Purpose
Product Function
Hydrochloric Acid
007647-01-0
Helps dissolve minerals and initiate cracks in the rock
Acid




Glutaraldehyde
000111-30-8
Eliminates bacteria in the water that produces corrosive by-products
Biocide
Quaternary Ammonium Chloride
012125-02-9
Eliminates bacteria in the water that produces corrosive by-products
Biocide
Quaternary Ammonium Chloride
061789-71-1
Eliminates bacteria in the water that produces corrosive by-products
Biocide
Tetrakis Hydroxymethyl-Phosphonium Sulfate
055566-30-8
Eliminates bacteria in the water that produces corrosive by-products
Biocide




Ammonium Persulfate
007727-54-0
Allows a delayed break down of the gel
Breaker
Sodium Chloride
007647-14-5
Product Stabilizer
Breaker
Magnesium Peroxide
014452-57-4
Allows a delayed break down the gel 
Breaker
Magnesium Oxide
001309-48-4
Allows a delayed break down the gel 
Breaker
Calcium Chloride
010043-52-4
Product Stabilizer
Breaker




Choline Chloride
000067-48-1
Prevents clays from swelling or shifting
Clay Stabilizer
Tetramethyl ammonium chloride
000075-57-0
Prevents clays from swelling or shifting
Clay Stabilizer
Sodium Chloride
007647-14-5
Prevents clays from swelling or shifting
Clay Stabilizer




Isopropanol
000067-63-0
Product stabilizer and / or winterizing agent
Corrosion Inhibitor
Methanol
000067-56-1
Product stabilizer and / or winterizing agent
Corrosion Inhibitor
Formic Acid
000064-18-6
Prevents the corrosion of the pipe
Corrosion Inhibitor
Acetaldehyde
000075-07-0
Prevents the corrosion of the pipe
Corrosion Inhibitor




Petroleum Distillate
064741-85-1
Carrier fluid for borate or zirconate crosslinker
Crosslinker
Hydrotreated Light Petroleum Distillate
064742-47-8
Carrier fluid for borate or zirconate crosslinker
Crosslinker
Potassium Metaborate
013709-94-9
Maintains fluid viscosity as temperature increases
Crosslinker
Triethanolamine Zirconate
101033-44-7
Maintains fluid viscosity as temperature increases
Crosslinker
Sodium Tetraborate
001303-96-4
Maintains fluid viscosity as temperature increases
Crosslinker
Boric Acid
001333-73-9
Maintains fluid viscosity as temperature increases
Crosslinker
Zirconium Complex
113184-20-6
Maintains fluid viscosity as temperature increases
Crosslinker
Borate Salts
N/A
Maintains fluid viscosity as temperature increases
Crosslinker
Ethylene Glycol
000107-21-1
Product stabilizer and / or winterizing agent.  
Crosslinker
Methanol
000067-56-1
Product stabilizer and / or winterizing agent.  
Crosslinker




Polyacrylamide
009003-05-8
“Slicks” the water to minimize friction 
Friction Reducer
Petroleum Distillate
064741-85-1
Carrier fluid for polyacrylamide friction reducer
Friction Reducer
Hydrotreated Light Petroleum Distillate
064742-47-8
Carrier fluid for polyacrylamide friction reducer
Friction Reducer
Methanol
000067-56-1
Product stabilizer and / or winterizing agent.  
Friction Reducer
Ethylene Glycol
000107-21-1
Product stabilizer and / or winterizing agent.  
Friction Reducer




Guar Gum
009000-30-0
Thickens the water in order to suspend the sand
Gelling Agent
Petroleum Distillate
064741-85-1
Carrier fluid for guar gum in liquid gels
Gelling Agent
Hydrotreated Light Petroleum Distillate
064742-47-8
Carrier fluid for guar gum in liquid gels
Gelling Agent
Methanol
000067-56-1
Product stabilizer and / or winterizing agent.  
Gelling Agent
Polysaccharide Blend
068130-15-4
Thickens the water in order to suspend the sand
Gelling Agent
Ethylene Glycol
000107-21-1
Product stabilizer and / or winterizing agent.  
Gelling Agent




Citric Acid
000077-92-9
Prevents precipitation of metal oxides
Iron Control
Acetic Acid
000064-19-7
Prevents precipitation of metal oxides
Iron Control
Thioglycolic Acid
000068-11-1
Prevents precipitation of metal oxides
Iron Control
Sodium Erythorbate
006381-77-7
Prevents precipitation of metal oxides
Iron Control




Lauryl Sulfate
000151-21-3
Used to prevent the formation of emulsions in the fracture fluid
Non-Emulsifier
Isopropanol
000067-63-0
Product stabilizer and / or winterizing agent.  
Non-Emulsifier
Ethylene Glycol
000107-21-1
Product stabilizer and / or winterizing agent.  
Non-Emulsifier




Sodium Hydroxide
001310-73-2
Adjusts the pH of fluid to maintains the effectiveness of other components, such as crosslinkers 
pH Adjusting Agent
Potassium Hydroxide
001310-58-3
Adjusts the pH of fluid to maintains the effectiveness of other components, such as crosslinkers 
pH Adjusting Agent
Acetic Acid
000064-19-7
Adjusts the pH of fluid to maintains the effectiveness of other components, such as crosslinkers 
pH Adjusting Agent
Sodium Carbonate
000497-19-8
Adjusts the pH of fluid to maintains the effectiveness of other components, such as crosslinkers 
pH Adjusting Agent
Potassium Carbonate
000584-08-7
Adjusts the pH of fluid to maintains the effectiveness of other components, such as crosslinkers 
pH Adjusting Agent




Copolymer of Acrylamide and Sodium Acrylate
025987-30-8
Prevents scale deposits in the pipe
Scale Inhibitor
Sodium Polycarboxylate
N/A
Prevents scale deposits in the pipe
Scale Inhibitor
Phosphonic Acid Salt
N/A
Prevents scale deposits in the pipe
Scale Inhibitor




Lauryl Sulfate
000151-21-3
Used to increase the viscosity of the fracture fluid
Surfactant
Ethanol
000064-17-5
Product stabilizer and / or winterizing agent.  
Surfactant
Naphthalene
000091-20-3
Carrier fluid for the active surfactant ingredients
Surfactant
Methanol
000067-56-1
Product stabilizer and / or winterizing agent.  
Surfactant
Isopropyl Alcohol
000067-63-0
Product stabilizer and / or winterizing agent.  
Surfactant
2-Butoxyethanol
000111-76-2
Product stabilizer
Surfactant

Friday, June 20, 2014

DHECC - Fabworx...the plot thickens

Shortly after publishing the email chain which proves that the PSC lawyers were expediting their own claims, I stated that I believe the claim PSC attorney Calvin Fayard requested to be expedited in his email to Christine Reitano was for his cousin and business partner, Robert Maurin III.  The email chain I received had the claim # blacked out so there is no way for me to confirm who the company is but I have spoken to sources off the record who believe the claim was for Maurin's Baton Rouge based construction company, Fab-Worx.

Maurin has a large and labyrinth list of business registered on the Louisiana Secretary of State Database including businesses with both Calvin Fayard and his daughter Caroline Fayard

He was also in business with a man named Gregory M. Walker who was recently indicted by the Feds for a Louisiana motion picture tax credit scam...seems to be all the rage these days:

What's more, a company named Sodexo Operations has filed a motion to subpoena documents from Maurin for his companies:  Jamestown Gaming, LLC; Jamestown, Inc.; New Braunfels Healthcare Properties, LLC; Gulf States Meadows, LP; Gulf States Healthcare Properties of Dallas, LLC; Jamestown Healthcare Properties of Dallas, LLC; and B&G Healthcare Properties, LLC.

Essentially Sodexo is claiming Maurin has shifted finances from one LLC to another in order to hide money from a bankruptcy filing that could be used to pay back Sodexo for their monetary losses.  While Maurin has repeatedly blocked Sodexo's attempt to obtain said financial records, they claim they are privy to these financial documents under theories of "veil piercing, single business enterprise, fraud, conversion and civil conspiracy to commit same".

Calvin Fayard is not a registered agent in any of the companies named in the suit, however, Caroline Fayard is listed as a registered agent for another gambling enterprise along with Maurin, Safari Investments, Inc.

The time frame of Maurin's Gulf States Health Services (GSHS) bankruptcy is curious in respect to the claim filed by his other company Fab-Worx.  Obviously, Maurin's web of companies under GSHS were in financial distress around the time the Fab-Worx claim was submitted to the DHECC.  If Maurin was shifting money from one LLC to another, as this civil suit suggests, it could have been extremely fortuitous for him to have the Fab-Worx claim expedited ahead of everyone else in the BP settlement.

I'll be curious to see if the court does require him to produce the requested financial records and I would suggest that Sodexo counsel add Fab-Worx and Safari Investements to the list of Maurin companies listed in their motion to compel.  

Thursday, June 12, 2014

DHECC - Lionel Sutton interview part 4 - hiding behind the robe

In this final segment of the Lionel Sutton interview, we will focus on the influence of the PSC on the Claims Office, why Judge Barbier seems intent on quashing any attempt by those accused by Louis Freeh the opportunity to defend themselves, and why both Freeh and Barbier may be protecting the PSC firm that filed the fraudulent seafood claims.

This first byte is about the influence the PSC had at the Claims Office while Sutton was there. Lionel notes that he was not involved in any policy creation and he also expounds on why the claims expedited by the PSC are such a big issue now:

Lionel Sutton - 18 - PSC Influence and policy.mov from Jason Berry on Vimeo.

Here is a very specific example of a PSC attorney using their position and influence to benefit their own personal claims:

Lionel Sutton - 17 - Joe Rice access from Jason Berry on Vimeo.

Interesting that Rice would say, "I'm putting on my private attorney hat now, not my PSC hat."  The point is that the only reason he had access to the Claims Office employees and even a top level Pricewaterhousecoopers (PWC) accountant is because he was a PSC member.  Juneau would not have sent the three of them to just any plaintiff attorney's office to discuss and even negotiate the nature of how their claims were going to be processed.

These next two bytes, Sutton discusses how he, Reitano and Andry Lerner have been denied any reasonable level of due process in order to defend themselves against Freeh's charges:

Lionel Sutton - 13 - Not allowed due process.mov from Jason Berry on Vimeo.

Here, Lionel elaborates a little further on why Barbier is so determined to bury the issue and deny them discovery:

Lionel Sutton - 12 - Why Barbier is ignoring and blocking.mov from Jason Berry on Vimeo.

How could both the Judge and Freeh simply ignore the issues that have been brought up already on this blog and by Lionel Sutton?  Let's run down the biggest:
  • Patrick Juneau expedited a claim for a friend. 
  • The PSC expedited, at minimum, 409 claims, many of them their own.  One PSC member, Calvin Fayard, may have expedited his cousin and business partner's claim.
  •  A PSC firm filed fraudulent seafood claims.
  •  Members of the Appeals Panel, themselves, had claims with the DHECC.
  • Some PSC members had direct access and influence to accountants that were processing their personal claims.
How can Louis Freeh, and the Judge for that matter, not address any of these issues?

Louis Freeh is addressing other issues, though.  He is still going after Andry Lerner claims.  It appears Freeh has a vendetta against these guys as well as Christine Mancuso who contradicted his "interpretation" of her investigation interview regarding Reitano's alleged attempt to negotiate the Thonn claim.

In fact, I'm beginning to question the impetus for bringing Freeh on board to begin with as well as his laser-like focus on the Andry Lerner firm.  Does Andry Lerner have any enemies in positions of power on this settlement?  Who introduced Freeh into the fray to begin with?

Lionel stated that if he and Reitano were allowed to conduct discovery, they would uncover much worse issues with Pat Juneau and the PSC than anything of which Freeh has accused them.  It would appear Judge Barbier is doing his best to make sure those issues don't surface.

Is that justice?  Or is it the same old song and dance this state is famous for?  We know our politicians are corrupt but when our judiciary falls into step with them, who do you turn to?

Wednesday, June 11, 2014

Pissing in the wind

I know it's probably a fool's errand but what the hell...it's free:

Petition to recall Governor Bobby Jindal



Here is the link if you want to share on Facebook, email or the Twittersphere:


http://petitions.moveon.org/sign/recall-governor-bobby?source=c.em.mt&r_by=10732397

Only sign it if you are a registered voter in the state of Louisiana.  

DHECC - of all the claims in the BP settlement world....

Yesterday, Louis Freeh filed this motion to claw back a seafood claim against a guy named Jarrod A. Burrle.


Burrle just happens to be an Andry Lerner client.  It appears Freeh only has eyes for Andry Lerner.

It's amazing that the guy has over 70 people in the office, making over 3 million a month, yet he can only focus on a single law firm.  Does that seem a little strange?  

I was also told that Burrle is Andry Lerner attorney Christine Mancuso's client.  You remember her?  She provided the witness testimony that Freeh "interpreted" to base his claim that Christine Reitano was attempting to negotiate a larger referral fee for the Thonn claim.  Mancuso later signed an affidavit saying Freeh was mistaken and that she never said that.  

What a coinkydink....the guy has hundreds of thousands of claims to scour and he happens to choose one of Mancuso's?  You think that may be a vendetta?     

experiencing technical difficulties

For some reason comments are not publishing, I'm not deleting them so don't freak out on me.  Not sure what's going on but it's a Blogger/Google issue.  Sorry for the inconvenience.