Saturday, October 25, 2014

DHECC - BP files for McGladrey Reports

The BP attorney, who drafted the scathing letter detailing how the Claims Office spent 14 million with auditing firm McGladrey, LLP and then buried their work has filed a motion to the Judge Barbier's court to force the office to produce the audit(s).  

Here is Don Haycraft's motion (in segments/exhibits):

Main motion, 1, 2, 3, 4, 5

Some of those exhibits are funny because you clearly see how hard some of our local MSM entities are shilling for Juneau and the PSC.  

I don't think there's any damn way Barbier can justify keeping these audits buried considering BP paid 14 million for them.  If he does deny the motion it would be the most blatant attempt to cover up Juneau and the PSC's misgivings yet.

But if that audit is as damning as I've heard it is, I'm sure Juneau bought the Judge a strong aperitif at Annunciation and pleaded with him to keep the cat in the bag.

On a side note, I've been super busy in the past week and I haven't had time to really go through the IBM zombie stalking report enough to comment on it.  Juneau also filed his response to BP's motion to remove him and I was only able to skim that but I want to comment on it as well.  Hopefully I will have some time this week to get 'er done. 

Friday, October 17, 2014

DHECC - zombie stalking

IBM Report:  Independent journalist covering BP case investigated over leaked emails

Wonderful...they're running full background checks on me?  They could have just contacted St. Pierre and Meffert, they already investigated me and it could have saved them a ton of money.  I'm assuming this report must have cost a ton of money if IBM conducted it.

I'll expound on the report later.

About eight months ago I was told one of the PSC attorneys had hired a private investigation firm to follow me.  I didn't worry about it too much because I don't have anything to hide.  I don't know if it is true but if it is I hope they got some tips from my amazing golf swing considering that's about the extent of my life other than work and family.

I can't decide if the whole thing is ridiculous or worrisome.  I'll sleep on it and let you know.



   

Thursday, October 16, 2014

DHECC - Best Comment Bump in AZ History: October 16, 2014

Do I have an attorney in the case?

The Court has appointed Stephen J. Herman (Lead Class Counsel), James Parkerson Roy (Lead Class Counsel), Brian H. Barr, Jeffery A. Breit, Elizabeth J. Cabraser, Philip F. Cossich, Jr., Robert T. Cunningham, Alphonso Michael Espy, Calvin C. Fayard, Jr., Robin L. Greenwald, Ervin A. Gonzalez, Rhon E. Jones, Matthew E. Lundy, Michael C. Palmintier, Joseph F. Rice, Paul M. Sterbcow, Scott Summy, Mikal C. Watts and Conrad S. P. Williams as “Economic & Property Damages Class Counsel” to represent the E&PD Class Members. You will not be charged for these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your own expense.The Court has appointed Stephen J. Herman (Lead Class Counsel), James Parkerson Roy (Lead Class Counsel), Brian H. Barr, Jeffery A. Breit, Elizabeth J. Cabraser, Philip F. Cossich, Jr., Robert T. Cunningham, Alphonso Michael Espy, Calvin C. Fayard, Jr., Robin L. Greenwald, Ervin A. Gonzalez, Rhon E. Jones, Matthew E. Lundy, Michael C. Palmintier, Joseph F. Rice, Paul M. Sterbcow, Scott Summy, Mikal C. Watts and Conrad S. P. Williams as “Economic & Property Damages Class Counsel” to represent the E&PD Class Members. You will not be charged for these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your own expense.

I believe this was the same flaw in GCCF but part of the design to have pro se submit documents believing that the intent was the court vendors worked in their best interest.

Unfortunately they have been misled, individuals are fighting trained well funded claim killers.

Just look at the appeals process if you were one of the lucky to receive an offer. BP had an appeal started well before the offer was released " confidentiality order instructed BP to destroy all prepared doc's & records ".
October 16, 2014 at 10:46:00 AM CDT

It really is this fucking simple.  Please understand this comment.

Wednesday, October 15, 2014

DHECC - $14,000,000 doesn't get you much these days

Mr. Anonymous is keeping me busy with document dumps from the DHECC.  I don't know where they're coming from but keep 'em coming.

Today I got this letter, or partial letter, written by an unidentified BP representative to Claims Administrator, Pat Juneau.



Aside from railing on Juneau for his failure to be transparent, the letter points out that he had originally contracted the McGladrey firm at an estimated cost of 1.2 to 1.6 million.  Over the course of a year that cost ballooned to a whopping 14 million + smackeroos.

Looks like everyone is making a ton of money on this settlement with the exception of the actual claimants, many of whom are still suffering from the effects of this spill.

The McGladrey firm was apparently contracted to conduct an internal audit of the settlement program.  Funny thing is it looks like there is nothing to show for it...at least not to BP.

I was told about a month ago by a source a "scathing audit" had been conducted, mostly surrounding the seafood claims, which Pat Juneau redlined the moment it was delivered.  He then went on to apparently shitcan the whole thing before it could see the light of day.  I assume this is that audit.

If that's the case I can understand the ire of the author of this letter....14 million and nothing to show for it.

Once again we're in a grey zone here regarding the transparency issue.  If the DHECC was a public body then I could file a FOIA for that audit but I know I will simply get denied if I do as the DHECC body does not consider itself a public entity.  However, as the above letter points out (ad nauseam) Juneau has repeatedly touted his intent to make the settlement process transparent.  I think the public deserves to see this audit.  Judge Barbier, himself, has even stated the settlement will be transparent.  One would think he would order this audit to be made public....if he is aware of it (and we know he is now).

I'm not gonna hold my breath either one of those guys are going to live up to their promises but if there is anyone out there that can get their hands on this thing, please send it to me even if it's COD.  I will ask for donations to cover the cost.  

Actually...I'm gonna ask for donations anyway since I haven't in a while :).  If you appreciate the work I do here on AZ you can send a few bucks...or 14 million.....my way via the PayPal button on the right >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>. 

Thursday, October 09, 2014

DHECC - Louis Freeh: Trojan stalking horse

...yes I'm mixing metaphors, deal with it

An interesting document landed on my desk recently and I wanted to share it with AZ readers.

Memo to Louis Freeh and Pat Juneau from Plaintiff Steering Committee regarding policy on fraudulent claims

There is so much right and wrong with this letter, I don't know where to begin.

Let's start with what's right about it.  The PSC is correct in that BP did agree to the current terms of the settlement and originally showed little concern for the potential of numerous fraudulent claims being filed under the agreed upon parameters.  They are correct that recently the number of claims being paid has dwindled to a miserable number due to the overly zealous scrutiny of the Freeh group attempting to justify and expand their multi-gazillion dollar contract with the Claims Office.  They are also correct in fighting for the claimants to get their claims paid in a reasonable time frame.

What's wrong about it?

- They suggest that when fraud is alleged or suspected the claimant be notified and given a chance to (a) withdraw the Claim, (b) do nothing, or (c) attempt to respond with an explanation, clarification and/or additional documentation.

Was Casey Thonn given this option?  Obviously the more powerful Page 60 (of Louis Freeh's first report), PSC law firm was given the option considering we've seen nothing come of that.  Recently Louis Freeh filed a memo claiming shrimper Jason Zirlott of Alabama filed a fraudulent seafood claim but only mentioned Zirlott's law firm in an attachment.  Why was the law firm that filed the claim for Zirlott not run up the flag pole by Louis Freeh like the AndryLerner firm was with the Thonn claim?

Even more so than a claimant, if a law firm has knowingly filed a fraudulent claim they should be censured in some way, not simply ignored or covered up like the Page 60 PSC firm has been.  The public deserves to know who is gaming the system especially considering at least one of the firms gaming it was a PSC firm entrusted to represent the entire class.  I suspect it's the same firm that drafted this letter.

- The memo suggests that Louis Freeh was brought into the settlement to "enforce a broad array of local, state or federal statutes, ordinances, requirements or regulations."  It follows with "The purpose is not to 'catch' people, but to validate legitimate settlement program claims."

Uhhh...no.  Freeh was brought in to investigate corruption and potential issues of fraud...that's exactly why he, a former director of the FBI, was chosen.  Of course once he got his foot in the door he kicked it down, redefining and greatly expanding his role in the DHECC.  Freeh has now filled the office with his own employees whose sole goal seems to be to grind the settlement to a screeching halt and minimize BP's financial burden. The trojan horse is empty and the Freeh battalion has now conquered Troy.

It's also my personal opinion that Freeh was introduced to the Court by a member of the PSC and this specific attorney handed him the evidence he used to "prosecute" the Thonn claim.  I believe this was done for two reasons, one is that it was a personal vendetta by this specific attorney for past dealings with the Andrys and secondly I believe Thonn, AndryLerner, Lionel Sutton and Christine Reitano were offered up to BP as a red herring to pacify BP's cries of fraud at the time.

It's rather karmic that the PSC, who have continually whined about BP's "buyer's remorse", now appear to have buyer's remorse with their chosen stalking horse, Louis Freeh.  I suspect Judge Barbier also shares that sentiment.  But I'm sure they're not too upset considering they already got their own claims paid.

    

Tuesday, September 30, 2014

DHECC - ex parte?

When I published the previous post, I was under the assumption that Judge Barbier, Judge Shushan and Patrick Juneau could have unannounced, ex parte communications.  However, I found the meeting egregious in light that Juneau's balls are on the block with Barbier holding the cleaver and that's why I published the picture.  At the very least it seems they should have had a court reporter present if not a BP attorney.

But since then both AZ commenter Kevin and I have been looking for the Order that allows the ex parte communication and we have yet to find it.  I was sent this order after a request but I can't find anything in it about ex parte communications between the Claims Administrator and the Judge.

Is there anyone out there who can point us to the actual Order?