tag:blogger.com,1999:blog-30412896.post853893253639322169..comments2024-01-05T02:53:03.358-06:00Comments on American Zombie: DHECC - would the real Pat Juneau please stand up?Jason Brad Berryhttp://www.blogger.com/profile/18421813599753848735noreply@blogger.comBlogger10125tag:blogger.com,1999:blog-30412896.post-58546594521461076242015-03-06T15:34:41.030-06:002015-03-06T15:34:41.030-06:00According to news reports, BP has dismissed this a...According to news reports, BP has dismissed this appeal.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30412896.post-48579121412571302772015-01-25T08:34:13.199-06:002015-01-25T08:34:13.199-06:00You asked what BP is up to or doing?
Delaying cla...You asked what BP is up to or doing?<br /><br />Delaying claims with bullshit arguments read below. <br /><br />And why are we missing the Dec monthly court report Pat? <br /><br />Don't want anyone to know you wiped out $795 million in offers but your court vendors got paid for doing the work?<br /> <br />Appeal Panel Decision 2014-723<br /><br />BP has again appealed a BEL award to a realtor on the same grounds that have been asserted in a multiplicity of other appeals. In almost boilerplate fashion, BP asserts that as a cash accounting basis entity, Claimant reports spikes in commission income in certain months that should be matched at Step One of Policy 495 to reallocate it over the several months that to a near certainty it took in earnings activities to produce the revenue. It also again asserts that instead of using the AVM methodology chosen by the vendors to roughly match revenues and expenses, the vendors should have resorted to the use of the Professional Services methodology. It argues for a remand to perform further matching and alternatively proposes a much lower award, admitting in footnote that its math is based upon assumptions unavailable from the record. This record has been reviewed de novo. <br /><br />Sufficient matching was done by the vendors in the second step of Policy 495, by subjecting Claimant to the seven criteria denoted therein. This is all that is required. The vendors exercised their allowable discretion in choosing AVM over Professional Services as a methodology, the latter which does not include realtors as one of the enumerated entities that mandate its use. There is nothing different in this record from the facts and arguments addressed and denied in many other essentially identical appeals on this issue. As such, the award must be chosen and affirmed.<br /><br />BP lost this appeal.<br /><br />IN-HALEAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-30412896.post-92058704981377434732015-01-21T23:09:14.111-06:002015-01-21T23:09:14.111-06:00"Um, BP is in some trouble,"
No...I mea..."Um, BP is in some trouble,"<br /><br />No...I mean McGladrey. The 14 milli is chump change but a farcical audit and fraudulent billing are potentially deadly.Jason Brad Berryhttps://www.blogger.com/profile/18421813599753848735noreply@blogger.comtag:blogger.com,1999:blog-30412896.post-48774576619201442512015-01-21T21:50:51.852-06:002015-01-21T21:50:51.852-06:00"Now...what the fuck is BP up to? I have no i..."Now...what the fuck is BP up to? I have no idea."<br /><br />Having serious leverage on a judge that has your balls in a vice sounds like pretty good motivation.<br /><br />Once BP plays the corruption card against Barbie (I mean REALLY plays it, like Barbier & Juneau at lunch on the cover of the Wall Street Journal), it can't be played again. It'd be a one shot deal.<br /><br />The spillrate ruling is about the best possible outcome BP could have reasonable asked for You talk about Freeh stealing $3m/month like it's a lot of money... For an international oil company, that's seat cushion money, not a billion dollars, that's real money. Off the top of my head, I think Barbier just saved BP enough money to pay for their Mad Dog Phase 2 project. And on pretty thin legal footing, too.<br /><br />One minor quibble: "This whole issue could be fatal for this multi-national company"...<br /><br />Um, BP is in some trouble, but Macondo is #3 on the list. #1 and #2 (not sure which is actually worse) is oil prices at half what it was this summer and TNK-BP (Russia). If oil prices were high and business in Russia were still going strong, Macondo would be a speed bump, nothing more. I'm still skeptical of calling this life-threatening to BP. Sucking chest wound at worst.<br /><br />Also, what's up with BP saying they could only afford $2.3 B fine?<br />http://fuelfix.com/blog/2015/01/20/bp-u-s-attorneys-clash-in-opening-statements-in-oil-spill-trial/<br />They sold Texas City refinery for at least $2.4B:<br />http://www.bp.com/en/global/corporate/press/press-releases/bp-completes-sale-of-texas-city-refinery-and-related-assets-to-marathon-petroleum.html<br /><br />Clayhttps://www.blogger.com/profile/04317258394378203986noreply@blogger.comtag:blogger.com,1999:blog-30412896.post-79874818166681250652015-01-20T23:17:20.014-06:002015-01-20T23:17:20.014-06:00"Barbier... I think he is just trying to salv..."Barbier... I think he is just trying to salvage what's left of his reputation"<br /><br />Too late. <br />He allowed Juneau to avoid Reitano's state claim by arguing that he is entitled to judicial immunity and then allows Juneau to avoid BP's claim by arguing that he is not connected to the judiciary in any manner.<br />Sadly, there is nothing left to salvage.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30412896.post-9658231346756579292015-01-20T18:55:10.441-06:002015-01-20T18:55:10.441-06:00And if the whistleblower read this comment, I woul...And if the whistleblower read this comment, I would be curious to hear what your next step is if McGladrey dismisses your ethics complaint. <br /><br />Jason Brad Berryhttps://www.blogger.com/profile/18421813599753848735noreply@blogger.comtag:blogger.com,1999:blog-30412896.post-14706625031654252832015-01-20T18:48:58.391-06:002015-01-20T18:48:58.391-06:00CONT...
In fact, I think it may be prudent for Mc...CONT...<br /><br />In fact, I think it may be prudent for McGladrey to return the entire 14 million plus expenses to the DHECC due to the fact that the "audit" has been called bogus by not only the whistleblower but at least one other commenter claiming to be a McGladrey employee who worked on the project. All this...IF...they are telling the truth.<br /><br />If what the whistleblower said happened, actually happened, it could have been a scenario where McNamee conducted the whole scam independently, without the knowledge of his superiors at McGladrey. It's a stretch but they may not have known what he was doing down here in the swamp. If that's the case, they should return the DHECC's (and by proxy BP's) money.<br /><br />I"m actually still willing to give McGladrey the benefit of the doubt on that one because I've been writing about shit like this for so long I know that 9 times out of 10 corruption within a government or corporate system happens with a handful of people and not the body whole. The whistleblower coming forward would seem to be a testament to that.<br /><br />My biggest fear is that McGladrey tries to cover the whole thing up. But that could only happen with the consent of BP. <br /><br />Those type of corporate games are way above my pay grade but then again everything is above my pay grade because I don't get paid. Regardless, I can pretty much bet you that if BP asks the FBI or even the SEC to investigate the matter independently of McGladrey these government entities would be obliged to do so. <br /><br />This scenario has the trappings of an Arthur Andersen/Enron scenario depending on how McGladrey handles it. For their sake, I hope they follow their own ethical code.Jason Brad Berryhttps://www.blogger.com/profile/18421813599753848735noreply@blogger.comtag:blogger.com,1999:blog-30412896.post-32566316248372579492015-01-20T18:48:42.099-06:002015-01-20T18:48:42.099-06:00THIS IS OPINON AND SPECULATION:
I would never pre...THIS IS OPINON AND SPECULATION:<br /><br />I would never pretend to know what BP's motivations are. They have baffled me from the beginning. <br /><br />What's clear to me now is that they've certainly gained a tremendous amount of leverage over the PSC and Barbier irrespective of their intent to remove Juneau. <br /><br />See, the problem with this story is that everyone is an asshole....there are no good guys. BP is an asshole, Juneau is an asshole, Barbier is an asshole, Freeh and the court vendors are assholes....and most importantly the PSC are assholes. Their real priority is simply to enrich themselves, not seek retribution and justice for the people who have been harmed by the oil spill. <br /><br />What's happened is that the PSC got their shit paid first and well with the full knowledge and consent of Juneau and Barbier. They didn't fight 495 that hard because they already got theirs, they expedited their own claims with Juneau and Barbiers' knowledge....it's all the suckers that didn't have an inside track that have to deal with 495 and Freeh's scrutiny now. <br /><br />Juneau has already gotten his...at least $7 million in salary to date...I'm sure more it's more than that. His only goal is to keep the appearance of propriety and keep the gravy train flowing for himself and the crony contractors he's surrounded himself with as window dressing. That's become painfully apparent with the revelations from the McGladrey whistleblower but it was already apparent with the bullshit "investigation" conducted by Louis Freeh.<br /><br />Freeh...that fucker "prosecuted" his way into a $3 million/month contract with a glorious expense account. After hyping up evidence on the Thonn claim and falsely accusing Christine Reitano he then methodically "leveraged" Odom and Fisher out of the picture and took over. But Freeh's presence has also served BP well as the claim processing has ground to a halt.<br /><br />Barbier...I think he is simply trying to salvage what's left of his reputation by presenting the appearance of impartiality after having been painfully partial in hiding the transgressions of the PSC and Juneau. As Clay pointed out in the previous comment section, he just capitulated to BP by ruling they only spilled 3.19 million barrels, the median between what the government claimed they spilled and what they claimed they spilled. As Clay pointed out that's wiping out billions in liability to BP.<br /><br />I think he's doing this because he's compromised himself so badly by trying to protect and hide all the indiscretions of Juneau, Herman, Fayard and the rest of the PSC. I think if BP wanted to, they could not only take down Juneau but irreparably tarnish Barbier's reputation due to his actions in trying to protect the "good ol' boys" as Joe Nocera put it. <br /><br />Now...what the fuck is BP up to? I have no idea. Their actions have made little to no sense to me from the beginning. If they really want to take Juneau out they could do that right now on this McGladrey issue simply by asking the FBI to investigate the matter on the basis of false billing and payroll fraud. <br /><br />If the allegations the whistleblower have made are true, McGladrey not only needs to press the issue themselves and have McNamee deposed to find out exactly what Juneau told him, they eventually need to come clean with BP and the public as to what their internal investigation has uncovered. This whole issue could be fatal for this multi-national company, McGladrey....at the very least it severely dings their reputation. They need to rectify the matter internally and return any money they have found to be illegally billed (and if the story is true it's going to be a shitload). <br /><br />CONT....<br /><br />Jason Brad Berryhttps://www.blogger.com/profile/18421813599753848735noreply@blogger.comtag:blogger.com,1999:blog-30412896.post-30759452294072286012015-01-20T13:31:46.535-06:002015-01-20T13:31:46.535-06:00AZ, help a confused reader out. Why is BP filing ...AZ, help a confused reader out. Why is BP filing motions seeking to get Juneau removed - knowing he is being protected by Barbier - when the both of them were on board with 495? 495 seems like a pretty sweet deal for them, why would they want to rock that boat?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30412896.post-24458992272226751262015-01-20T13:30:44.008-06:002015-01-20T13:30:44.008-06:00Barbier found that Sutton violated Rule 3.3, which...Barbier found that Sutton violated Rule 3.3, which covers statements made to a tribunal, for making a false statement to "my" Court-appointed claims administrator. Two months later, while asserting that he is not bound by any code of conduct, Juneau tells the 5th circuit court of appeals that he is not a "judicial employee" "merely" or otherwise. That he is only a "third-party contractor that is not paid or employed by 'the Judicial Branch'."<br /><br />So with regard to Sutton's actions, Juneau is the equivalent of a tribunal, but with regard to his own actions, Juneau is not even the equivalent of the tribunal's employee. Really?<br /><br />What it be easier to just say that the rules don't apply to Patrick Juneau.Anonymousnoreply@blogger.com