How safe is it being a ham sandwich these days?
I have read the federal indictment charging former probation commissioner John O’Brien and two underlings with racketeering and conspiracy and I freely admit I must be missing something.
Unless I am mistaken, the fact that the probation department is a state run entity with connections to state leaders is a red herring. This can’t be right. Could someone proof read the indictment I have linked to above and explain?
The criminal enterprise consisted of probation head O’Brien, his chief of staff, and an employee with over 40 years in the department.
Their scam, if I read the indictment right, was to hire some of the people recommended by individuals who have some influence over the department they serve, their careers, how they are perceived by others, and their personal self-esteem.
Again I am asking for your help. In return for hiring some of the applicants recommended by persons influential to the operation of the institution the individuals work for, there has to be more of a quid pro quo, right? The indictment says more and I am just missing it, right?
Finally, If I am reading this correlctly, the U’S. Attorney says the O’Brien Gang broke the rules of the Probation Department’s Procedures Manuel by not hiring the “most qualified” (whatever that means? very subjective) for the positions outlined in the indictment.
That is why they have been indicted. They broke in-house policy in exchange for political goodwill from the people who can cause the entity for which they work and protect problems.
Because of this this they may have also felt good about themselves and their professional reputations within the community they work (state government).
What am I missing?
Sooo, getting back to my original question: according to the facts laid out in the indictments why couldn’t a manager and a few underlings for a private entity be indicted for federal crimes if some of the decisions they made or acted on did not adhere entirely to the entity’s internal procedures manuel but benefitted persons hire up who had influence over the enity’s budget, their careers within the entity, and their reputations within their professional community?
This can’t be right. Our justice system wouldn’t go this far to score points with the uninformed public and a local newspaper? Would it?
Perhaps BMgers could forward this to experienced lawyer friends and journalists etc. and have some pros read read it. I have to missing something here.
On a completely different matter, have you guys heard about the Stryker case? It’s a federal criminal case U.S. Attorney Carmen Ortiz’ office brought recently. Rather than me screwing up the details here’s how Lawyers Weekly tells it:
The defendants were accused of defrauding seven surgeons into mixing a bone void filler with a bone morphogenic, even though the Federal Drug Administration never signed off on such a use. The 13-count trial was expected to run six weeks in U.S. District Court before Judge George A. O’Toole.
But the company’s lawyer, Brien T. O’Connor, told jurors in his opening that the government’s legal team had committed a “gross injustice” by failing to interview even one of the doctors prior to trial.
“Ladies and gentleman, they may not have talked to [them], but we did,” the Ropes & Gray lawyer said. “And because of that, you’re going to get to hear [their] side of the story.”
When that moment arrived, O’Connor promised, the surgeons’ testimony would reveal that the defendants never defrauded them.
Prosecutors apparently saw the handwriting on the wall and dropped the charges against the salesmen. They also dismissed all felony counts against the company…
See what happened here? Carmen and her shoot first ask questions later team of prosecutorial abusive nitwits forgot to ask questions later and got caught.
The feds never talked to the alleged victims. Funny how the Boston papers didn’t report this. I wonder how much it screwed up these defendants’ personal and professional lives?
Just another day coldly ruining lives in the Moakley Building and on Morrissey Boulevard.