Lackey and Katrina Kash

by emptywheel

I know, I know. The indictment against Dickie Scruggs looks bad for Dickie (though not, I keep emphasizing, Zach Scruggs, whose indictment given the evidence mystifies me). But I can't help but notice a few details from the short form of Judge Lackey's tell all (I'll look up the long form after I meet my damn deadline today). First, Judge Lackey's first thoughts after Balducci broached the subject of a bribe were for Balducci's future.

“I worried what would become of this young man, his wife, his children,” said Judge Lackey. “He was one of the brightest legal stars on the horizon that I’d come across, and I worried a great deal about the consequences.”

Balducci, by all appearances, also cooperated in the investigation, though the indictment doesn't care to tell us that detail. And note, by Lackey's own admission, it took some time after he recovered from his concern for Balducci before he started cooperating with the USA office.

Also note the emphasis that Scruggs' defense attorney puts on matters, when commenting on how odd it is that a key witness would do (one whose day job is supposed to be ensuring that the accused get fair trials) is run to the press for an interview.

Scruggs’s attorney, John Keker, said: “I find it remarkable that this high-minded government witness is talking to the national media, and it makes me wonder if he is interested in notoriety rather than seeing that justice is done. I’ll say this — he sure as hell didn’t get bribed by Dick Scruggs or anyone else in his law firm.”

Well, yeah, he got bribed--at least first-hand--by Balducci, the guy that Lackey was so concerned for. Balducci isn't a member of Scruggs' firm.

One more point. I find it interesting to note that within a day of the indictment, the other firms involved in the State Farm Katrina suits tried to oust the Scruggs firm from the team. It sure raises questions about who might benefit from Scruggs' indictment. After all, the alleged bribe pertains directly to how lawyers get paid from past insurance settlements.

I guess those Mississippians weren't kidding when they were talking about knowing where the bodies are buried. They're a cut throat bunch, these southern gentlemen.

Comments

[Jodi]

emptywheel,

why are you so prejudiced against the South? You should not be so vindictive.

[Shit Stain Remover]

Shit Stain Jodi

You should stop being an asshole and stop telling other people what they SHOULD do.

[Evil Parallel Universe]

I'm not sure why you think it mystifying that Zach Scruggs was indicted. From the gov't's point of view, he is clearly an alleged co-conspirator, and there is nothing mystifying about his being indicted - in fact, it's par for the course for the gov't to indict anyone and everyone who it can tie in, even in what you might consider unsubstantial ways to the alleged conspiracy. Why? They might actually think he is part of the conspiracy and think they can convict, or they want leverage to get him to testify against family/friends - or perhaps both - either way, it "works" for the prosecution.

The guy who delivers papers allegedly not knowing what he was delivering, or one conversation he overhead or was part of, makes him a part of the alleged conspiracy - they're the predicate acts in furtherance of the alleged conspiracy. Now, if he were simply an employee of the firm (a secretary say), then the gov't most likely would look upon the predicate acts differently. But he wasn't, so they don't.

In white collar crime simply being there at the right "level" is more often than not enough to not only get you indicted as part of a conspiracy, but get you convicted.

Rather than being mytifying, his indictment is par for the course for a conspiracy prosecution.

[Ishmael]

The Mississippi plaintiff bar is a very interesting bunch - I recall that Mississippi was ground zero for many large class actions, there was a really big one involving a national funeral chain that resulted in hundreds of millions in damages and proportionately large legal fees. In reading about that case, I seem to recall that Mississippi's standing rules are probably the slackest in the country, it takes a very small nexus of either the plaintiff or the defendant for the Mississippi courts to assume jurisdiction, with the understanding being that certain cases are likely to be given high awards by Mississippi juries (I think in the past, as a Northerner I can't presume to judge of course, but Mississippi criminal juries have had certain other tendencies regarding their decisions). In such a hothouse of national legal activity, with enormous sums riding on the decisions of twelve (wo)men good and true, it is not surprising that the system would be vulnerable to corruption.

[Evil Parallel Universe]

predicate acts in furtherance of = "overt acts" in furtherance of.

I should remember to type in "conspiracy" speak.

[Ishmael]

...adding further, that because of the full faith and credit doctrine in the Constitution, a Mississippi judgment has to be respected by the rest of the states - perhaps Big Tobacco, Big Insurance, and Big Shitpile would like to rid themselves of some of these meddlesome Southern lawyers?

[Ishmael]

The Mississippi plaintiff bar is a very interesting bunch - I recall that Mississippi was ground zero for many large class actions, there was a really big one involving a national funeral chain that resulted in hundreds of millions in damages and proportionately large legal fees. In reading about that case, I seem to recall that Mississippi's standing rules are probably the slackest in the country, it takes a very small nexus of either the plaintiff or the defendant for the Mississippi courts to assume jurisdiction, with the understanding being that certain cases are likely to be given high awards by Mississippi juries (I think in the past, as a Northerner I can't presume to judge of course, but Mississippi criminal juries have had certain other tendencies regarding their decisions). In such a hothouse of national legal activity, with enormous sums riding on the decisions of twelve (wo)men good and true, it is not surprising that the system would be vulnerable to corruption.

[Topsecretk9]

It's interesting that despite Trent Lott, John McCain and Susan Collins, virtually all of the players here have given heavily and mostly to democrats.

[freepatriot]

yo,ew why do you hate the south so much

and have you stopped beating your wife lately ???

you're reduced to ad hominim attacks, shit stain ???

you ain't even trying anymore,are you ???

[bmaz]

"...perhaps Big Tobacco, Big Insurance, and Big Shitpile would like to rid themselves of some of these meddlesome Southern lawyers". We have a winner! Step right up and claim your prize. I believe that process is underway as we speak Ishmael. And, hey, the courts in Mississippi are going to uphold this attack wholesale, because the Rovian Bush/Cheney DOJ and their Gulf coast henchmen are taking out the Democratic and other judges that actually protect citizen's rights to unfettered ability to seek court redress for their legitimate grievances. So far, the Federalist Dream Scheme is working pretty fucking well it appears.

[Jodi]

Don't get so out of sorts.
I'm only reacting to what emptywheel said:

"They're a cut throat bunch, these southern gentlemen."

[guy]

What the fuck is this all about?

[Jodi]

My comments are meant for people of higher education not for LIBERAL kneejerks. Your reactions are boring to me. I strive for the best route. Your crowd are sore losers, just look what you did with Lieberman!

[Jodi]

SOMEONE IS PRETENDING TO BE ME AT 16:43 JUST ABOVE, AND THOUGH COPYING AND EMULATION CAN BE THE SINCEREST FORMS OF FLATTERY, IT IS ALSO WRONG, AND CAN BE MISUSED!!

[freepatriot]

My comments are meant for people of higher education not for LIBERAL kneejerks.

earth to shitstain:

the "LIBERAL kneejerks" you speak of, we're usually called "the LIBERAL elite"

now I see why you come here

got tired of responding to people with sixth grade educations, so you left freeperville and headed to the bright lights of the Liberal blogs

kinda rough ain't it, seeing as how you graduated from 8th grade and all

btw, I'm probably the least educated "regular" around her (cept for you), and I have an AA in English (I dumb it down for hicks like you)

why don't you just go back to freeperville, where you're smarter than all the rest

or you could keep hangin out here, where everybody knows you're dumber than everybody else

and don't even get me started on your moral bankrupcy

you want a second opinion, you're ugly too

14 to 6

BOOMER SOONERS

sorry shit stain, where were we ...

[freepatriot]

who would wanna be YOU shit stain ???

nice try

now get back under your bridge ...

[orionATL]

the first word and name that came to mind when i heard scruggs was indicted was seliegman.

the second was scott horton.

i'm to tied up in carpentry , plumbing, and wiring to read much,

but this really smells like left over turkey the garbage men didn't take.

a "notorious" lawyer tries to bribe a judge,

could scruggs be that stupid?

could siegelman?

could charles walker?

[herefast123]

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[herefast123]

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