John J. O’Brien, the disgraced former Probation commissioner accused of corruption, and his top aide, Elizabeth Tavares, today were convicted of mail fraud, racketeering, and racketeering conspiracy by a US District Court jury, which found that they ran the state agency like a criminal enterprise.
Another third former official, William Burke III, was convicted of racketeering conspiracy but acquitted of mail fraud and racketeering.
The jury found that O’Brien and Tavares committed fraud and racketeering by hijacking their department’s hiring process to favor candidates who were sponsored by state legislators…. Defense attorneys had argued throughout the trial that O’Brien and his deputies did nothing illegal, that it was simply patronage. But the jury found that they committed fraud, by creating a rigged system to make it look like they were following department protocol.
So, there you have it, I guess. There will probably be post-trial motions seeking to overturn the jury’s verdict, and almost certainly an appeal to the federal appeals court in Boston. But for now, at least, guilty.
If the verdict holds up, is Bob DeLeo next? Or does he remain an “unindicted coconspirator”?
I can’t think of a good reason.
I am profoundly happy, and touched, that this jury convicted these criminals — and in so doing, shot a silver bullet through the heart of the jaded “it’s just patronage” lie.
No, it was NOT “just patronage”. It was a criminal conspiracy, it was pervasive, it was huge, and it lasted YEARS. Everybody knew about it, and NOBODY DID ANYTHING.
I sincerely hope this is a wakeup call to more than just Mr. DeLeo.
A wake up call for all Democratic activists. The State House is a major league embarrassment. I’ve lost count. How many Speakers have been found guilty of crimes? DeLeo should be removed as Speaker immediately.
Three convicted felons and one unindicted co-conspirator, comprising all of the occupants of the office from January 2, 1991 to date.
Definitely not a term I would use. To me the message sent is hopelessly muddled. DeLeo and the other legislators are above the law, apparently. Patronage will continue unabated.
Because this jury heard all the protests that have been bandied about here (many on the front page, several from our resident bad-boy “insider”) and said firmly, calmly, and after lengthy deliberation “Guilty”.
Touched because I’m being called “cynical” (because I distrust BOTH sides of the DeMoulas food-fight) by participants who also have been asserting that the Probation Department scandal was “just politics”.
Touched because I’m being asked to betray my fundamental values as a lifelong Democrat and progressive (even radical leftist) and vote for a wheel in the same corrupt Democratic machine because she is a Democrat and “reality” demands that support her. Reality demands that we stay faithful to our values and bedrock principles. What the Probation Department conspirators did was criminal. Therese Murray participated. Bob DeLeo participated. Martha Coakley stood by and watched — waiting for somebody else to do her job as Attorney General.
I see nothing “muddled” about this message at all. Setting up and operating a patronage mill, using jobs as political currency, is criminal. The jury spoke clearly to Massachusetts voters who share my disgust for such corruption — these were criminal acts.
I am confident that we voters get the message, even if Mr. Deleo and the other legislatures do not (yet). Some degree of corruption will always be with us.
This verdict clearly labels it as “criminal”.
Did O’Brien not have a boss? What was Deval Patrick doing about all this? Is he blameless, truly? There were literally dozens of unindicted co-conspirators. Partial justice is essentially injustice, more disturbing than encouraging by far.
Baby steps at first (fought long and hard by all too many Massachusetts Democrats). Then we walk. Then perhaps we run.
This jury sent a clear message to all those who said “this is just politics”. No, it is NOT.
Somerville Tom,
I do not post often though I read Blue Mass often and I often find my times in agreement with you. But I respectfully have to disagree with you on this matter.
So How did Carmen Ortiz go from being an obscure attorney way down on the pecking order, By all legal analysts her name was not even in consideration for US Attorney position. Lets See her Hubby is a Big Dem Fundraiser (nothing wrong with that) and Ted Kennedy made calls and streamlined her nomination on her behalf after calls where made on her behalf.
So is the US Attorneys office guilty of Mail Fraud by sending out rejection letters to the failed applicants? Does this constitute RICO? or conspiracy of RICO was it an illegal gratuity to Kennedys office by the US Attorneys office?
This Verdict is Outragous and appalling at the same time. Lets Look at Judge Mulligan Chief Justice who admitted on multiple occasions hiring people as court officers with resumes sent from the Sen Presidents office with no interview, where does he get off? what makes him different? or Judge Bettine Borders who pushed her son through with no interview. Where do they get off.
Those ELMO jobs that Deleo recommended are probably the most undesirable job in all of State Govt. Would you want to put bracelets on Sex Offenders working overnights at the Courthouse making 40K, and 70% of the people on the bracelets are Sex Offenders.
How About Montigneys GF? I am not a Montigney fan but the Judge at the trial came out and called her an Exceptional employee for the last 6 years.
The Thing about Jack is he was good hearted to a fault he never wanted to lay anybody off. As a dept head you lobby for more money thats what you do its your job. The Senate President and Speaker of the House who send over some names of candidates applying for positions you really think he is not suppose to take a second look at them.. Please
Anybody who I have ever come across in Quincy says the same thing about O’Brien that he is heavily involved in youth programs fundraisers for special events is a great father to his kids and a great neighborhood guy. The fact that he is looking at Time for these hires is outrageous
This man is a scapegoat and the Globe is trying to win a Pulitzer off a story that Judge Mulligan ( who is somehow immune to all this ) handed to them. That is not good journalism by any means either
Dozens of better-qualified people applied for those jobs and were rejected because Mr. O’Brien was pursuing his personal agenda.
I reject essentially every aspect of your comment. The arguments you raise about Ms. Ortiz are irrelevant and have been rebutted many times before.
Jack O’Brien “good-hearted”? Tell it to those whose careers he ruined. I’m reminded of the wife- and child-batterer whose friends say “but he’s SUCH a nice man, and such a pillar of the community — he could NEVER do such things.”
Jack O’Brien set up a fraudulent and illegal enterprise. He was investigated, charged, and had competent legal counsel.
A jury found him “guilty”. That makes him a criminal, just as much as any other criminal incarcerated in this state (many other criminals are also great fathers and great neighborhood guys).
More embarrassment within the Democrat Party. One wonders how, if at all, this will affect the dynamics of the primary. If it does not, what does that say about our chanced in November?
Downvote for “Democrat Party.” When you say “Democrat Party,” it makes me question whether you are, in fact, a Democrat.
n/t
Although I’m not sure if it applies in this particular case, the phrase has become quite the red flag for good reason.
I think this is a case that they do it because they know it upsets us. If we stop letting them know it upsets us they’ll stop doing it. This reminds me of how I was taught to deal with deliberate aggravation on the part of my younger siblings growing up.
Honestly, this seems rather petty, don’t you think?
From what I can gather some see it as an insult going back to the founding of our country that “Democrat” as an adjective implies that someone endorses mob rule (as in the unwashed masses, not organized crime) and anarchy. I don’t think our taking the bait helps anything.
Well, guess i learned something new today. Mind you I am a recent Democrat, having finally made the decision after Elizabeth Warren announced her candidacy. Prior to that I was independent after leaving the Republican Party shortly after the Iraq war began.
In any event, sorry to have offended anyone. It was an honest mistake.
you know what’s really petty — purposefully using it upset others. Doubly so when you complain to rub it in after your success.
Have a little respect.
It is a purposeful way to delegitimize democrats – not even allowing them to be called what they are.
It should be corrected in no uncertain terms.
Honestly, I had no idea that I had made such a damning error. I’ve only been a registered Democrat for about three years. Shall I allow myself to be placed in the public stocks on the Common? Shall I be excommunicated from the party? If anyone knows of a way I can edit the error or delete it, I will!
oh please
I’m guessing no, that prosecutors will not go after elected officials without a stronger and qualitatively different case.
That leaves the political response as decisive. Does anyone think there will be one?
He will get a challenge for the gavel, I expect.
…but if you challenge him you’d better be confident you will succeed, otherwise it will be a rough couple of years for you and by extension your constituents.
This piece by David Bernstein has a good, succinct explanation of why this was fraud.
Maybe that’s oversimplified, but it makes sense to me, and it makes me more comfortable with the conviction.
When the jobs aren’t posted or something? Is there a category of “patronage hire” when people are not tricked into believing that the position will be granted to the most meritorious candidate? can there ever really be patronage without this type of deceit?
Something like 60,000 people work in state government. I’m not sure that every position is posted.
Legislators for example hire chiefs of staff. ALL of those are patronage hires, there is no process for applying. When it comes to committee staff, research positions etc. MIGHT be posted at the Department of Personnel Administration (Do they still call it that?), but I don’t know.
Cabinet secretaries hand-pick their senior staff, though a few career people do build careers there, and are often highly valued. There are open positions in admin offices, some of which are posted, but probably not all.
So in short, there’s plenty of opportunity for patronage, but also a fair number of publicly posted, theoretically patronage-free positions.
…I realize they may still hire someone with connections, but it would be nice if there were in fact a job bank for State House offices like Capitol Hill has.
n/t