Almost every day there seems to be a new development in the BP claims process and the going-ons at the DHECC. Last week, the AP ran a story stating that DHECC executives Bob Odom and Kirk Fisher had resigned amidst nebulous charges of having gone to a local strip club that had also filed an economic loss claim with the claims office.
On a local level, The Advocate followed up the AP story with their own reporting (thank you Advocate):
BP changing stance on claims payments puzzles experts
And while the headline is a topic of conversation all to itself (read this article by Tom Young only after you finish mine, of course : ) ), in this post I want to focus on The Advocate's commentary about the strip club "allegations" and what all this hullabaloo with Odom and Fisher may actually be about:
I guess BP is trying to make hay that they are guilty of being horndogs by visiting the strip club but that has nothing to do with their responsibility as employees of the claims office. I believe this whole thing was drummed up by the BP PR machine because it's sexy...literally...and they knew the Mindless Stream Media cycle would run with it.
However, I believe there is a lot more going on just beneath the surface, under the sensationalist headlines, and I've spoken with a lot of confidential sources in the past week to get a better picture of what may have been going on with these two guys, Odom and Fisher.
The domino effect
Let's start with the basis for any investigation....motive, means, and opportunity.
What is BP's motive? I believe their overall goal is to bring down the DHECC completely. I know that may seem obvious to you but I've been in the dark for a while as to whether or not they actually want to collapse the settlement or if they want to keep it in place and simply gain control of the claims office from within. Well, I think they now do have control of the office from within but I also think they still want to collapse the settlement. I am speculating here but this is a rather educated guess.
With that goal in mind, how could BP collapse the settlement? I think they want to cut Pat Juneau's head off. I think they see Juneau as the universal joint in the DHECC framework and if they can manage to pull that joint out, the whole machine will come unraveled. This BP strategy was parroted obediently by James Varney a month ago in his editorial. If Juneau, himself, were to be disgraced it would possibly taint the entire office...possibly.
What about the opportunity? The opportunity lies in picking off the underlings...first Sutton and Reitano, now Odom and Fisher. Louis Freeh is providing the opportunities and he kicked it off by offering up Sutton and Reitano on a silver platter in his first report. BP immediately ran that through the MSM organ grinder across every newspaper from here to London with the Wall Street monkey boys dancing on cue....singing, "Good ol' boys!" and "Kitchen table accounting".
The monkeys howl
Now, in the wake of strippergate, Bloomberg's Paul Barrett is playing color commentator on the "scandal":
But, if he and Bloomberg want a scandal I've got one fo' true. I would suggest they look into the sudden expansion in claims office contracting that Louis Freeh's companies, The Freeh Group and Pepper Hamilton, have been awarded over the past 8 months. Then I would check their expense account. With over 40 employees now staying in the Roosevelt, the Ritz Carlton, and the Marriott, dining at Galatoire's, Emeril's (oh the irony)...the finest restaurants in the city, and possibly even entertaining their own "guests" at houses of less-than-sterling repute (oh double the irony). I'm betting that expense account is pretty nasty right about now...but I know more than one service industry employee who's enjoying the high times pouring out of the claims office.
Also, perhaps they should look into the allegations the Andry firm made about the connections and former business associations between Pepper Hamilton and BP's current law firm, Kirkland and Ellis.
I digress...that's a post for a later date. Let's just say that the paragraphs immediately above are even more pregnant than the one in The Advocate story.
I do want to point out one more item, though. In this article Barrett boasts:
Is this really about T&A?
Back to the story at hand...strip clubs. Here's what I've been able to piece together about the actual strip club event...Odom, Fisher, possibly David Duval and some of the claims office employees went to a strip club after an office Christmas party (probably 2012) that was being held at a Dickie Brennan restaurant...either the Bourbon House or the Palace Cafe. I used to bartend at Palace and I would highly recommend either venue...the food is incredible.
That's it....no shit.
No one was snorting coke off buttcheeks, no one expensed anything to the claims office, no one took the strippers to a private yacht and dirtied down (as far as I know). They just went to a strip club...that's all. I am pretty sure it was either Rick's or the Penthouse Club on Bourbon.
Scandalous huh? WTF...that captures international headlines? That's what Barrett is claiming is scandalous even by New Orleanian standards? Barrett's obviously never been to New Orleans...dude needs to get out more.
This strip club did file a claim and receive payment but I'm pretty sure Dickie Brennan did as well for his restaurants. I would bet the hotels the Freeh Group and Pepper Hamilton are currently patronizing filed claims as well. I am almost certain the restaurants Freeh Group employees are currently frequenting have filed claims. John Georges owns Galatiore's...maybe The Advocate could fill us in on whether or not that restaurant filed a BP claim.
So...here's the twist....I don't think Odom and Fisher's departure has much to do with the strip club visit. I think that was simply thrown out as a tabloid-headline-grabbing attempt to defame these men. But that's not to say they're squeaky clean.
I know that Odom had a French Quarter apartment that was being expensed to the claims office to the tune of about $3000/month and I have been sent some allegations through email that suggest Odom and Fisher may have ancillary business connections to the owners of the strip club they visited but this is still unsubstantiated.
According to the allegations by the AZ reader, if the strip club is the one I think it is, the owners of this club have multiple sex industry businesses including an adult video franchise, a porno production company and an escort service. Another source has suggested to me that the Quarter apartment was being used as a shag pad to patronize the ladies from the aforementioned business's escort service.
I don't buy that allegation right now but let's pretend it's true....there is still no proven quid pro quo in respect to Odom or Fisher's role in the claims office. Once again, even if this is true, there is no crime committed unless the shagging was being expensed to the claims office or if Odom or Fisher participated in increasing the strip club owner's claim and/or expedited the claim for "favors".
So...let's put the strippers and escorts to bed...metaphorically. Just get the sexy shit out of your head for a minute because there is an entirely separate issue with Odom and Fisher that needs to be addressed.
Self dealing and free wheeling
As AZ commenter Kevin has noted, Odom came to the claims process from The Shaw Group. There has been a lot of speculation as to how Odom landed his job with the claims office but there is even more speculation as to how he contracted employees and bought office equipment once he was in the office.
Enter a Baton Rouge businessman named Michael Olinde and a company called Alpha Consulting:
Olinde is reported to be a business associate of Odom and Fisher previous to their tenure at the claims office. Odom gave Alpha the contract to staff the claims office when it opened. The staffing company hired mostly accountants to review claims. As AZ commenter Kevin has continually pointed out on the blog, most of these employees were hired directly from LSU where Fisher teaches...essentially these LSU students were hired right out of college. There is a question as to whether or not the employees were being hired under the assumption that they were actual CPA's but I haven't been able to mesh that issue out yet.
The real issue is whether or not Fisher and Odom have any financial interest in Alpha Consulting. If so, they essentially used their position in the claims office to sub-contract their own company...they're self dealing. BUT...BUT....keep in mind that the DHECC is not a public entity. They are not required to issue RFP/RFQ's or even advertise the positions that Alpha filled as long as the claims administrator approved the sub-contracting and hiring scenario.
Does it stink? Yes...it smells like ass. But it isn't necessarily a legal or ethical breach as long as it doesn't conflict with the terms of the DHECC and as long as it was approved by the claims admin., Juneau.
To be clear, I don't know if Fisher and Odom had any financial interest in Alpha but I do know they had previous connections with Olinde.
Now there's also another issue with Odom. He has a company, Plexos, that he may have been using to expense office needs and other items per a Plexos credit card:
What's more, there is also a "Plexos, International" Llc. that is listed in the LA Sec. of State database registered to Bob Levine, the CFO of the DHECC, but seems to be inactive:
I put a request in to the DHECC over a month ago to interview Odom regarding an allegation that he and Levine expensed a trip to NYC in 2012 where they accepted an offer by the Garden City Group (GCG), a DHECC court vendor, to hang out in the company's skybox at Giants stadium for the Saints/Giants game. The reason this is an issue is that the invitation was extended to multiple people within the claims office but Juneau told all the employees that it was unethical and he prohibited anyone from taking GCG up on the offer. Christine Reitano recently included this invitation as an exhibit in a court filing:
This issue is very important because it establishes that Juneau was exercising some level of protocol in the office as to what was ethical and what wasn't. Remember that Reitano was accused of unethical behavior by Freeh such as trying to secure a job for her husband, Lionel Sutton, with the Garden City Group. But Reitano maintains that everything she did was disclosed to Juneau and on this matter he told her it wasn't kosher so she dropped it.
It appears that Odom and Levine, on the other hand, did not drop the matter of the invitation to Giants Stadium by the Garden City Group even after they were told it was unethical. One reason this issue is important to me is because there is another angle with Odom and Fisher that involves their cozy relationship with the Garden City Group and their hostility towards another court vendor for the DHECC, Brown and Greer.
At this point you may want to read this post and watch my video explaining the roles of the four main court vendors for the DHECC: American Zombie: A DHECC road map
Pirates of the Silicon Swamp?
The entire time Odom and Fisher were working in the claims office they were in the process of forming another company with the Carrolton Technology Group's Managing Partner, Chris Reade. AZ readers may recall Reade as the guy who the Louisiana Technology Council tapped to try and retrieve the emails Mayor Nagin "lost" after a public records request was submitted by the TP.
Let me stress that I'm not suggesting there was anything wrong with Odom and Fisher's business venture with Reade, The Crescent City Group. I think their goal was to create a local technology company in the framework of Brown and Greer that handles MDL and class action cases. I know Chris Reade and I've found him to be more than competent and a damn fine gentleman....I am not suggesting any impropriety on his part.
The real issue is to what length Odom and Fisher went to fleece Brown and Greer of proprietary technology to create their own Crescent City Group claims processing company. I know from multiple sources that B & G had a hostile relationship with Odom whereas the Garden City Group seemed to have a rather chummy one. I bring this up because I think the next Freeh report may focus on this matter and whether or not Odom acted unethically in his desire to build the Crescent City Group up as a national technology company that handles MDL and class action claims.
Goin' all NSA on 'em
Another issue I want to bring up with Odom is what role, if any, he played in exposing the Thonn claim to Louis Freeh.
Lionel Sutton recently stated in a legal filing that he had informed Patrick Juneau of the Thonn claim when he was originally hired. Sutton even claims he told Juneau that he referred the claim to the Andry Law firm for a fee well before it became an issue around January of 2012. This admission seems to matter not in the Freeh investigation. The "smoking gun" Freeh used to accuse Sutton of impropriety was Sutton's own emails...but not from his office account....from his personal email account.
The question is how did Freeh get Sutton's private email database to begin with. Did Odom play any role? Obviously the emails coming into the office were privy to Special Master Freeh but Sutton's personal email database was not.
In fact, in his report, Freeh cited Sutton's personal emails from seven months before Sutton even started working at the claims office.
How did he get Sutton's personal email database? Was it obtained legally? Was Sutton's password hacked by someone in the claims office? If the emails were obtained illegally, would that constitute an obstruction of justice? All pertinent questions.
Is The Freeh Group a white collar Blackwater?
One thing I want AZ readers to keep in mind when they read the next Freeh report, is that I believe the first one was incredibly irresponsible and in some aspects downright inaccurate. Unfortunately, the people who were accused in the first report, namely Reitano, have not been afforded the due process of law in order to challenge Special Master Freeh's allegations. It appears Judge Barbier is allowing this guy to run (forgive me) freely through this investigation without any system of checks and balances or any opportunity for recourse by those he accuses. The whole investigation is essentially operating above the law and by the looks of it Freeh has parlayed his carte blanche status into one hell of an expanding, lucrative contract with the DHECC.
I believe Freeh is reckless, shoddy and self-serving. He doesn't care who he leaves in his wake as long as he offers up the goods and I believe he will go to any extent to do that. The court has created a situation where there is an enormous personal financial incentive for Freeh to prosecute people, this scenario should not exist in the U.S. justice system.
Keep in mind Louis Freeh is not a federal agent any longer, he has no authority to act as one yet I believe he and his employees are doing just that. It would actually be better for the accused if this was a federal investigation because they could at least have some level of recourse and due process.
I would go so far as to say Freeh, Greg Paw and their minions are now running the claims office. I would love to see what the Freeh Group and Pepper Hamilton are now billing the DHECC monthly on top of their expense reports....I'm betting it's millions.
I think what we're seeing here with the Freeh Group is the birth of a new type of hybrid private/public enforcement agency much like what Blackwater created for mercenary warfare and public/private security only Freeh is tapping the corporate, white-collar world. That scares the hell out of me.
W'yat Z?
I have no doubt that fraud has occurred in the claims office and the DHECC. I've been the one beating that drum harder than anyone....but I think Freeh may be as bad or worse than those he's accusing.
I also want to know why the fucking page 60 law firm in Freeh's first report...a PSC firm....hasn't been named. Riddle me that. Is he selectively prosecuting people?
The other day someone asked me, "Whose side are you on? BP? Freeh? The trial attorneys? The claims office? I can't tell whose side you're on, man." The answer is...the truth. They're all assholes in my book but my main concern is with truth....because apparently most of our MSM resources aren't so concerned about it.
On a local level, The Advocate followed up the AP story with their own reporting (thank you Advocate):
BP changing stance on claims payments puzzles experts
And while the headline is a topic of conversation all to itself (read this article by Tom Young only after you finish mine, of course : ) ), in this post I want to focus on The Advocate's commentary about the strip club "allegations" and what all this hullabaloo with Odom and Fisher may actually be about:
Without naming them, the ad said that two key administrators at the program recently left amid reports they went to a strip club that had received $550,000 from the claims facility. The facility's former chief operating officer, Kurt Fisher, has disputed those claims, saying he and former CEO David Odom left to pursue "other opportunities".As I stated in my previous post, it's a pregnant paragraph because it doesn't really say what Odom or Fisher did wrong other than go to a strip club that received a claim. There is no substantive allegation here. I'm sure they probably went to a lot of businesses that received claims or had claims queued so I don't understand what the big deal is.
I guess BP is trying to make hay that they are guilty of being horndogs by visiting the strip club but that has nothing to do with their responsibility as employees of the claims office. I believe this whole thing was drummed up by the BP PR machine because it's sexy...literally...and they knew the Mindless Stream Media cycle would run with it.
However, I believe there is a lot more going on just beneath the surface, under the sensationalist headlines, and I've spoken with a lot of confidential sources in the past week to get a better picture of what may have been going on with these two guys, Odom and Fisher.
The domino effect
Let's start with the basis for any investigation....motive, means, and opportunity.
What is BP's motive? I believe their overall goal is to bring down the DHECC completely. I know that may seem obvious to you but I've been in the dark for a while as to whether or not they actually want to collapse the settlement or if they want to keep it in place and simply gain control of the claims office from within. Well, I think they now do have control of the office from within but I also think they still want to collapse the settlement. I am speculating here but this is a rather educated guess.
With that goal in mind, how could BP collapse the settlement? I think they want to cut Pat Juneau's head off. I think they see Juneau as the universal joint in the DHECC framework and if they can manage to pull that joint out, the whole machine will come unraveled. This BP strategy was parroted obediently by James Varney a month ago in his editorial. If Juneau, himself, were to be disgraced it would possibly taint the entire office...possibly.
What about the opportunity? The opportunity lies in picking off the underlings...first Sutton and Reitano, now Odom and Fisher. Louis Freeh is providing the opportunities and he kicked it off by offering up Sutton and Reitano on a silver platter in his first report. BP immediately ran that through the MSM organ grinder across every newspaper from here to London with the Wall Street monkey boys dancing on cue....singing, "Good ol' boys!" and "Kitchen table accounting".
The monkeys howl
Now, in the wake of strippergate, Bloomberg's Paul Barrett is playing color commentator on the "scandal":
"Even for New Orleans, a town with an expansive conception of entertainment and a generous sense of humor, that's a scandal."Ummm...no. Not so much....in fact....not at all. There isn't even an allegation for there to be a scandal. Perhaps someone should adjust Paul's Nawlins Scandal Barometer hanging in his office in Manhattan. A scandal in this town would be more along the lines of a city official fucking strippers on a yacht bought with city funds....that's a New Orleans' scandal.
But, if he and Bloomberg want a scandal I've got one fo' true. I would suggest they look into the sudden expansion in claims office contracting that Louis Freeh's companies, The Freeh Group and Pepper Hamilton, have been awarded over the past 8 months. Then I would check their expense account. With over 40 employees now staying in the Roosevelt, the Ritz Carlton, and the Marriott, dining at Galatoire's, Emeril's (oh the irony)...the finest restaurants in the city, and possibly even entertaining their own "guests" at houses of less-than-sterling repute (oh double the irony). I'm betting that expense account is pretty nasty right about now...but I know more than one service industry employee who's enjoying the high times pouring out of the claims office.
Also, perhaps they should look into the allegations the Andry firm made about the connections and former business associations between Pepper Hamilton and BP's current law firm, Kirkland and Ellis.
I digress...that's a post for a later date. Let's just say that the paragraphs immediately above are even more pregnant than the one in The Advocate story.
I do want to point out one more item, though. In this article Barrett boasts:
"Back in July, I warned that Freeh’s investigation “could reveal major legal funny business in the Big Easy.” That prediction was based on earlier reporting I had done for a Bloomberg Businessweek cover story on the creative recovery theories that plaintiffs’ lawyers were using to get their mitts on BP cash. Expect more such revelations in the new year."He's not the one who originally reported that, not even close.
Is this really about T&A?
Back to the story at hand...strip clubs. Here's what I've been able to piece together about the actual strip club event...Odom, Fisher, possibly David Duval and some of the claims office employees went to a strip club after an office Christmas party (probably 2012) that was being held at a Dickie Brennan restaurant...either the Bourbon House or the Palace Cafe. I used to bartend at Palace and I would highly recommend either venue...the food is incredible.
That's it....no shit.
No one was snorting coke off buttcheeks, no one expensed anything to the claims office, no one took the strippers to a private yacht and dirtied down (as far as I know). They just went to a strip club...that's all. I am pretty sure it was either Rick's or the Penthouse Club on Bourbon.
Scandalous huh? WTF...that captures international headlines? That's what Barrett is claiming is scandalous even by New Orleanian standards? Barrett's obviously never been to New Orleans...dude needs to get out more.
This strip club did file a claim and receive payment but I'm pretty sure Dickie Brennan did as well for his restaurants. I would bet the hotels the Freeh Group and Pepper Hamilton are currently patronizing filed claims as well. I am almost certain the restaurants Freeh Group employees are currently frequenting have filed claims. John Georges owns Galatiore's...maybe The Advocate could fill us in on whether or not that restaurant filed a BP claim.
So...here's the twist....I don't think Odom and Fisher's departure has much to do with the strip club visit. I think that was simply thrown out as a tabloid-headline-grabbing attempt to defame these men. But that's not to say they're squeaky clean.
I know that Odom had a French Quarter apartment that was being expensed to the claims office to the tune of about $3000/month and I have been sent some allegations through email that suggest Odom and Fisher may have ancillary business connections to the owners of the strip club they visited but this is still unsubstantiated.
According to the allegations by the AZ reader, if the strip club is the one I think it is, the owners of this club have multiple sex industry businesses including an adult video franchise, a porno production company and an escort service. Another source has suggested to me that the Quarter apartment was being used as a shag pad to patronize the ladies from the aforementioned business's escort service.
I don't buy that allegation right now but let's pretend it's true....there is still no proven quid pro quo in respect to Odom or Fisher's role in the claims office. Once again, even if this is true, there is no crime committed unless the shagging was being expensed to the claims office or if Odom or Fisher participated in increasing the strip club owner's claim and/or expedited the claim for "favors".
So...let's put the strippers and escorts to bed...metaphorically. Just get the sexy shit out of your head for a minute because there is an entirely separate issue with Odom and Fisher that needs to be addressed.
Self dealing and free wheeling
As AZ commenter Kevin has noted, Odom came to the claims process from The Shaw Group. There has been a lot of speculation as to how Odom landed his job with the claims office but there is even more speculation as to how he contracted employees and bought office equipment once he was in the office.
Enter a Baton Rouge businessman named Michael Olinde and a company called Alpha Consulting:
Olinde is reported to be a business associate of Odom and Fisher previous to their tenure at the claims office. Odom gave Alpha the contract to staff the claims office when it opened. The staffing company hired mostly accountants to review claims. As AZ commenter Kevin has continually pointed out on the blog, most of these employees were hired directly from LSU where Fisher teaches...essentially these LSU students were hired right out of college. There is a question as to whether or not the employees were being hired under the assumption that they were actual CPA's but I haven't been able to mesh that issue out yet.
The real issue is whether or not Fisher and Odom have any financial interest in Alpha Consulting. If so, they essentially used their position in the claims office to sub-contract their own company...they're self dealing. BUT...BUT....keep in mind that the DHECC is not a public entity. They are not required to issue RFP/RFQ's or even advertise the positions that Alpha filled as long as the claims administrator approved the sub-contracting and hiring scenario.
Does it stink? Yes...it smells like ass. But it isn't necessarily a legal or ethical breach as long as it doesn't conflict with the terms of the DHECC and as long as it was approved by the claims admin., Juneau.
To be clear, I don't know if Fisher and Odom had any financial interest in Alpha but I do know they had previous connections with Olinde.
Now there's also another issue with Odom. He has a company, Plexos, that he may have been using to expense office needs and other items per a Plexos credit card:
This issue is very important because it establishes that Juneau was exercising some level of protocol in the office as to what was ethical and what wasn't. Remember that Reitano was accused of unethical behavior by Freeh such as trying to secure a job for her husband, Lionel Sutton, with the Garden City Group. But Reitano maintains that everything she did was disclosed to Juneau and on this matter he told her it wasn't kosher so she dropped it.
It appears that Odom and Levine, on the other hand, did not drop the matter of the invitation to Giants Stadium by the Garden City Group even after they were told it was unethical. One reason this issue is important to me is because there is another angle with Odom and Fisher that involves their cozy relationship with the Garden City Group and their hostility towards another court vendor for the DHECC, Brown and Greer.
At this point you may want to read this post and watch my video explaining the roles of the four main court vendors for the DHECC: American Zombie: A DHECC road map
Pirates of the Silicon Swamp?
The entire time Odom and Fisher were working in the claims office they were in the process of forming another company with the Carrolton Technology Group's Managing Partner, Chris Reade. AZ readers may recall Reade as the guy who the Louisiana Technology Council tapped to try and retrieve the emails Mayor Nagin "lost" after a public records request was submitted by the TP.
Let me stress that I'm not suggesting there was anything wrong with Odom and Fisher's business venture with Reade, The Crescent City Group. I think their goal was to create a local technology company in the framework of Brown and Greer that handles MDL and class action cases. I know Chris Reade and I've found him to be more than competent and a damn fine gentleman....I am not suggesting any impropriety on his part.
The real issue is to what length Odom and Fisher went to fleece Brown and Greer of proprietary technology to create their own Crescent City Group claims processing company. I know from multiple sources that B & G had a hostile relationship with Odom whereas the Garden City Group seemed to have a rather chummy one. I bring this up because I think the next Freeh report may focus on this matter and whether or not Odom acted unethically in his desire to build the Crescent City Group up as a national technology company that handles MDL and class action claims.
Goin' all NSA on 'em
Another issue I want to bring up with Odom is what role, if any, he played in exposing the Thonn claim to Louis Freeh.
Lionel Sutton recently stated in a legal filing that he had informed Patrick Juneau of the Thonn claim when he was originally hired. Sutton even claims he told Juneau that he referred the claim to the Andry Law firm for a fee well before it became an issue around January of 2012. This admission seems to matter not in the Freeh investigation. The "smoking gun" Freeh used to accuse Sutton of impropriety was Sutton's own emails...but not from his office account....from his personal email account.
The question is how did Freeh get Sutton's private email database to begin with. Did Odom play any role? Obviously the emails coming into the office were privy to Special Master Freeh but Sutton's personal email database was not.
In fact, in his report, Freeh cited Sutton's personal emails from seven months before Sutton even started working at the claims office.
How did he get Sutton's personal email database? Was it obtained legally? Was Sutton's password hacked by someone in the claims office? If the emails were obtained illegally, would that constitute an obstruction of justice? All pertinent questions.
Is The Freeh Group a white collar Blackwater?
One thing I want AZ readers to keep in mind when they read the next Freeh report, is that I believe the first one was incredibly irresponsible and in some aspects downright inaccurate. Unfortunately, the people who were accused in the first report, namely Reitano, have not been afforded the due process of law in order to challenge Special Master Freeh's allegations. It appears Judge Barbier is allowing this guy to run (forgive me) freely through this investigation without any system of checks and balances or any opportunity for recourse by those he accuses. The whole investigation is essentially operating above the law and by the looks of it Freeh has parlayed his carte blanche status into one hell of an expanding, lucrative contract with the DHECC.
I believe Freeh is reckless, shoddy and self-serving. He doesn't care who he leaves in his wake as long as he offers up the goods and I believe he will go to any extent to do that. The court has created a situation where there is an enormous personal financial incentive for Freeh to prosecute people, this scenario should not exist in the U.S. justice system.
Keep in mind Louis Freeh is not a federal agent any longer, he has no authority to act as one yet I believe he and his employees are doing just that. It would actually be better for the accused if this was a federal investigation because they could at least have some level of recourse and due process.
I would go so far as to say Freeh, Greg Paw and their minions are now running the claims office. I would love to see what the Freeh Group and Pepper Hamilton are now billing the DHECC monthly on top of their expense reports....I'm betting it's millions.
I think what we're seeing here with the Freeh Group is the birth of a new type of hybrid private/public enforcement agency much like what Blackwater created for mercenary warfare and public/private security only Freeh is tapping the corporate, white-collar world. That scares the hell out of me.
W'yat Z?
I have no doubt that fraud has occurred in the claims office and the DHECC. I've been the one beating that drum harder than anyone....but I think Freeh may be as bad or worse than those he's accusing.
I also want to know why the fucking page 60 law firm in Freeh's first report...a PSC firm....hasn't been named. Riddle me that. Is he selectively prosecuting people?
The other day someone asked me, "Whose side are you on? BP? Freeh? The trial attorneys? The claims office? I can't tell whose side you're on, man." The answer is...the truth. They're all assholes in my book but my main concern is with truth....because apparently most of our MSM resources aren't so concerned about it.
24 comments:
Agree with the Freeh theory. Saint's bountygate, Sandusky Penn St, Wynn, FIFA. Freeh Group was biased in each of these cases. I cant say he was biased with the Saint's as a report was never released.
Never released to the public but you can bet Benson made sure he got what he wanted before the NFL saw it.
Jason:
Please take no offense. I’m going to play the devil’s advocate on a few items to get the conversation started.
Speaking of The Advocate (now owned by John Georges), keep in mind the former relationship between Kirk Fisher/Manship/The Advocate detailed in previous comments here on the AZ.
I believe Tom Young has a relationship with Claris Processing in Tampa, Florida? Did you know Claris Processing is having "happy hours" at Cold Storage Brewery in Tampa, and Brewer’s Tasting Room in St. Pete to recruit BP claimants? Way to go, Tom! That could get you a full-page ad in the WSJ by BP!
There are potentially a couple of things in Freeh’s background that might be interesting.
Didn’t free work for Tom Benson during the investigation of alleged wiretapping in the Superdome. Did Freeh attend any Saints games in the Owner’s suite? Did Freeh attend any Saints games in the Owner’s suite while a member or members of the BP PSC was/were present? Did Freeh attend any Saints games in the Owner’s suite while a member or members of BP’s defense counsel was/were present?
Also, Judge Freeh was appointed as director of the FBI by President Bill Clinton – twice. Remember, I mentioned some tobacco litigation depositions and records discussing Calvin Fayard and the Herman’s access to the White House, President Clinton, Hillary’s brother Hugh Rodham, etc.?
Which side really has control? Or, should it be “which select individuals and those under their umbrellas have control?”
Riddle me this: why would BP suddenly find they need to eviscerate Pat Juneau who, in a totally contrary move, was declared “innocent” of any wrong doing almost immediately by Freeh. Who does that benefit, and who could “potentially” arrange that finding? Who has the stroke with Freeh to throw Christine Reitano and, to some degree, Lionel Sutton, out as scapegoats to placate BP’s concerns about corruption? Why not Juneau?
How do all the alleged activities of Odom, Fisher, Duval, and Sutton go on under the nose of Juneau without his knowledge or action?
Do you think the CAO will hire another firm, such as a Bourgeois Bennett-type to run the claims process in place of Odom and Fisher and potentially anyone associated with them, including possibly Michael Olinde’s employees in Alpha Consulting Group? Maybe Juneau brings back Danny Clavier?
Don’t know about the UK journalists singing about “good ol’ boys” but I do have a photograph of some good ol’ boys if you want to see it?!?
The question I have about Freeh and Pepper’s increased presence at the DHECC is, if they are controlling the claims office for BP, why haven’t they yet discovered what they need to be done with Juneau or dismantle the settlement? Certainly the monthly billings from Freeh to BP can’t be helping matters.
The strip club ownership issue might be a valid path to follow.
Does anybody know if Bay Ingram has a brother or son named Kevin Ingram? Isn’t there a Kevin Ingram associated with the Coastal Claims Group, LLC listed in Freeh’s recent claw back pleadings?
"Which side really has control? Or, should it be “which select individuals and those under their umbrellas have control?”
I think we both agree on who really has control, certain PSC figure(s).
"Riddle me this: why would BP suddenly find they need to eviscerate Pat Juneau who, in a totally contrary move, was declared “innocent” of any wrong doing almost immediately by Freeh. Who does that benefit, and who could “potentially” arrange that finding? Who has the stroke with Freeh to throw Christine Reitano and, to some degree, Lionel Sutton, out as scapegoats to placate BP’s concerns about corruption? Why not Juneau?"
I think you're conflating the objectives of Freeh and BP, or assuming they are one in the same....I don't believe they are the same. Why would Freeh want to topple the claims office now that he's sucking that massive teat?
"How do all the alleged activities of Odom, Fisher, Duval, and Sutton go on under the nose of Juneau without his knowledge or action?"
Because I think that's how Juneau runs his ship....high on perch in the captain's chair and he doesn't want to know about the icebergs or holes in the boat. There are sins of commission and sins of omission and I think Juneau's largely fall on the latter.
However, if Odom and Fisher do indeed have a financial interest in Alpha...and Juneau ok'd the sub-contract knowing that....I think it's potentially a sin of commission.
"Do you think the CAO will hire another firm, such as a Bourgeois Bennett-type to run the claims process in place of Odom and Fisher and potentially anyone associated with them, including possibly Michael Olinde’s employees in Alpha Consulting Group? Maybe Juneau brings back Danny Clavier? -"
NO....I think Freeh and crew are running it. I think he's parlayed his role from investigator into administrator...hell he may even be bucking for Juneau's title himself. I wouldn't be surprised.
"Don’t know about the UK journalists singing about “good ol’ boys” but I do have a photograph of some good ol’ boys if you want to see it?!?"
Bring it on...I'll throw it up against the wall.
"The question I have about Freeh and Pepper’s increased presence at the DHECC is, if they are controlling the claims office for BP, why haven’t they yet discovered what they need to be done with Juneau or dismantle the settlement? Certainly the monthly billings from Freeh to BP can’t be helping matters."
Because maybe there is nothing there...or as I stated before...maybe they are intent on keeping the office open considering the fact that they are increasing their presence in the office and their billing on a monthly basis? I'm guessing too.
"The strip club ownership issue might be a valid path to follow."
And I am following it...I still haven't been able to make substantive connection. So far it's all innuendo. If you have something solid send it on...especially if Jimmy Swaggert is involved...:).
"Does anybody know if Bay Ingram has a brother or son named Kevin Ingram? Isn’t there a Kevin Ingram associated with the Coastal Claims Group, LLC listed in Freeh’s recent claw back pleadings?"
I'd like to know that too.
"The question I have about Freeh and Pepper’s increased presence at the DHECC is, if they are controlling the claims office for BP, why haven’t they yet discovered what they need to be done with Juneau or dismantle the settlement? Certainly the monthly billings from Freeh to BP can’t be helping matters."
Because maybe there is nothing there...or as I stated before...maybe they are intent on keeping the office open considering the fact that they are increasing their presence in the office and their billing on a monthly basis? I'm guessing too."
Read Sutton's brief. If Barbier finds that Sutton expedited claims, advised claimants on how to file, met with claimant attorneys or checked the status of claims, he has to find that Juneau did the same thing. There is the plan. Back Barbier into a corner. Then Juneau is forced to cut a deal, stay on as a figurehead and let Freeh run the Claims Office. The 5 circuit just made it real easy. Everyone gets what they want: Barbier continues to preside over the biggest settlement in the world; Juneau eventually retires after administrating the biggest settlement in the world; Freeh Group / Pepper Hamilton bills $3,000,000 plus every month; BP gets to have its people running the office (Freeh) and essentially guaranteeing that the total bill will not be much more than the original $7.5 billion (anyone remember Fineberg"); and as long as the total is at least 7.5 billion, Class Counsel still gets their $600 million. Everyone wins. Well, not the claimants who didn't opt out because they thought a settlement was a settlement, and not the people whose lives were destroyed along the way. But who cares about them? This is America.
Anon at 10:35,
I'm trying....I'm trying so fucking hard.
Jason
"Freeh Group / Pepper Hamilton bills $3,000,000 plus every month"
Anon....is that number a guess or do you know they are billing that much a month?
I know that they have at least 42 people working here staying at the top hotels, eating at the top restaurants, renting out an entire floor of a class a building and building out more space, flying back and forth to DC every weekend, renting cars or drivers, hiring security and surveillance as well as top of the line electronics. Read the Penn State articles. Freeh typically charges $6m turnkey for a report that takes 2 months or less to produce. I doubt that the court paid him cash upfront in this case. The Sutton report took 2 months and he has been working on a second report for 4 months. $3 million per month is an educated guess.
Anonymous at January 10, 2014 at 10:35:00 PM CST said:
"Read Sutton's brief. If Barbier finds that Sutton expedited claims, advised claimants on how to file, met with claimant attorneys or checked the status of claims, he has to find that Juneau did the same thing."
Not that it matters, but I agree with that statement. If a PSC member made a request to a claims analyst or someone in a superior position to expedite a specific claim, I would think Judge Barbier should have to find that PSC member did the same thing
Supposedly a lot of computer forensics was/is taking placing during the Freeh investigation. Please tell me Christine Reitano and Lionel Sutton have mirrors of their computer files, and that their actual computers are under lock and key with an airtight chain of custody?
I don't know if they have mirrored files.
What I do know is that Freeh's evidence came primarily from Sutton's personal email database, not his database with DHECC.
How did they get it? And who is they? The only way they could have legally obtained that email database is if 1. Sutton downloaded the entire database on his work computer (e.g., he added the account to Outlook on the computer and it pulled down his Gmail, Yahoo, etc. account). Or 2. The court authorized Freeh and company to hack his personal email account.
If it's the 1st scenario...shame on Sutton...that's his own fault. If it's the second scenario...I want to know who the fucking judge is that issued that order...Barbier, Shushan? Who gave a private investigative company the authorization to hack a personal email account? I would love to hear the justification by that judge and I think Sutton deserves to hear it as well.
Now those are just the legal possibilities...the illegal possibilities are much, much more likely and I would lean towards that scenario.
I think (I don't know) that every computer in that office either had a master log in, a key stroke recorder, or some form of surveillance from the moment the office opened. And I would bet...this is just a bet....that the person who put the computers in the office orchestrated that protocol. I say that because I'm not even sure Juneau would have known about it.
If Sutton's email was obtained by surveillance methods instead of a court order or him simply being foolish and downloading his personal account on the computer, then we've got a major criminal issue on top of the fact that the primary evidence used in Freeh's report was obtained illegally.
Lot's to think about. Especially knowing what Louisiana Courts are capable of...including backdating documents:
American Zombie: The benchwarmer playbook
sorry, I don't know how to link shit in the comment section...isn't that sad?
shit...cut and paste:
http://www.theamericanzombie.com/2013/07/the-benchwarmer-playbook.html
You are probably right about the surveillance on the DHECC/CAO computers. There probably was some way to detect and track access to claims and processing information or unauthorized access to certain sensitive data and files. Email may have been tracked, too.
Do you know if Sutton was issued any subpoena for his personal email? Maybe there was something in his contract or the CAO rules that allowed access to all email?
I am certain he was not issued a subpoena.
That's the scary thing about this whole investigation. There's a private entity, The Freeh Group, acting with state and federal powers. How is that happening? If it's coming through court orders, are those orders sealed? What the fuck is going on here?
This is not cool in any way shape or form and I've been the biggest critic of the DHECC on the planet....even more so than BP.
The Freeh Group is essentially a PI firm on steriods...but that doesn't allow them to supersede the law. I'm almost losing focus on the local issues with the PSC and the claims office because I'm more concerned about this entity that is acting with legal impunity to their own financial enrichment.
This whole thing is fucked up and it's setting horrible precedents.
Jason at 11:38pm
"I am certain he was not issued a subpoena.
That's the scary thing about this whole investigation. There's a private entity, The Freeh Group, acting with state and federal powers. How is that happening? If it's coming through court orders, are those orders sealed? What the fuck is going on here?"
Again, I'm not an attorney, and I'm not trying to practice law or give legal opinions or do anything unethical or illegal, but it is my personal assumption that Freeh's "authority" must have something to do with the order appointing him as a "Special Master" of the court to investigate the complaints and allegations of corruption, fraudulent claims, etc. in connection with a process approved by the court and administered by another Special Master appointed by the court. Just my guess.
Special Master my ass....
We're in a semantic argument? No...we're not....because I won't entertain it.
How the fuck is this guy circumventing the law? I think we need an explanation. Is this scenario we just described the result of a court order or has the prosecution gone off the reservation?
Their is no "Special Master" that circumvents the Constitution....period.
As far as I can tell Freeh had my personal emails, cell phone records and bank records. I do not know how he got any of it. I do know that I was not served with a subpoena, not given notice that he was seeking that information and not given an opportunity to object to his receipt of it.
Sutton:
Do you know if Freeh issued subpoenas to your phone company, internet provider or bank?
Do not know. If he did, they did not notify me.
How are civil litigants not allowed discovery?
How does a court allow double hearsay evidence?
How is an independent special master an advocate?
How is the same special master also a prosecutor?
How can a special master, that us subject to the same rules as a judge, use a preliminary report to the court as online advertisement for his private company and his law firm while still serving in a judicial capacity?
How does a state law contract claim between to LA residents get buried in a Federal MDL assessing fault and damages for an oil spill?
How is the page 6 firm still not named?
And the biggest of all:
How is Louis Freeh still getting work after Penn State, FIFA and Wynn debacles?
There are so many Hows, it makes your head spin.
One more: Jason, how do you keep track of all of this?
"Badge? We don't need no fucking badge."
1. FISA
2. Indefinite Detention
3. PRIVATE CONTRACTORS in for Govt functions since 1st Reagan signing statement / presidential order
4. Loss of NET NEUTRALITY since 1hour 14 minutes ago and counting.
5. B in BP stands for BRITISH. US intel ops on us citizens run / based in Britain and vice versa. OUR laws don't apply over THERE and vice versa.
As WE THE PEOPLE see now, clearly: The haze is Gone: "Freedom Ain't Freeh."
Just one more reminder from Independence Day, 2013:
1. If Juneau, according to his own wayback website, listed BP AND OTHER spill-related firms as CLIENTS HIS FIRM REPRESENTED:
--did he disclose that fact in the filings/disclosures to Barbier?
--did Barbier and / or anyone else decide that was no big deal IN WRITING AND ON THE RECORD?
2. If that is really, NO BIG THANG, THEN:
--why did someone remove BP and others related to the accident from the Juneau client list current on 7 4 2012?
3. BUT... If this really IS A REALLY REALLY BIG DEAL:
--how much more analysis do you need?
--how complicated is that / does this have to be?
4. Has JUNEAU been running on flat tires from the start? And FINALLY:
5. If BP AND JUNEAU KNEW THIS ALL ALONG:
--who benefits?
--is there a better way to "cut Juneau's head" off at any time, when the price is right?
6. Now that WE know this, will the plan (if there ever was one) fall apart like a castle on the strand?
Hmmmmmmm......
LET FREEDOM RING. (And REIGN.)
Another question.. How did the story leak to the media about these guys going to the "Strip Club" prior to Freeh's new report to the court (which came out over a week later)? It would seem that the only way BP could have gotten that info is either from Freeh himself or perhaps private investigators following the stooge's around covertly. If they received the info from Freeh prior to his report being sent to Barbier wouldn't that pretty much show us all that Freeh is in BP's pocket and has no impartiality at all? It would seem that it is just about time for Barbier to look into his "Special Master" a little more closely.
We have the same Freeh issues at Penn State. His reports are slanderous fabrications. How can we work together to expose this guy?
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