Monday, June 16, 2008

How A Corrupt "Bushie" Operates in Alabama

Alice Martin, U.S. attorney for the Northern District of Alabama and the first prosecutor to go after former Democratic Governor Don Siegelman, stepped in some serious doo-doo in a recent post, and we are going to show you why.

But before we do that, let's review what we've learned in our "Malice of Alice" series.

First, we provide background on my attempts to tell Martin about judicial corruption I had witnessed by Republican judges in Alabama state courts and an attorney with family ties to Karl Rove and the Bush Administration.

Then, we show how Martin sent my allegations to a most curious place for investigation--the U.S. Postal Inspection Service, which does not even have jurisdiction to investigate the kinds of crimes I was alleging.

Then, we present Martin's explanation for sending my allegations to the postal inspection service.

Now, we're about to show you how and why Martin has stepped in some serious doo-doo.

But first, let me rephrase that statement: If we ever actually have an honest Department of Justice in our lifetimes, Alice Martin has stepped in serious doo-doo. On the other hand, if the DOJ continues to be run by the Alberto Gonzalezes and Michael Mukaseys of the world, Martin doesn't have a thing to worry about.

As Don Siegelman would say, she's got an "umbrella of protection" to keep her out of harm's way.

But regardless of whether the DOJ ever does anything about it or not, Legal Schnauzer readers are going to know the truth: Alice Martin, U.S. attorney for the Northern District of Alabama, undoubtedly, blatantly, and corruptly practices political prosecution.

And how does she do it? By sending citizen complaints to the wrong investigative agency and then lying to the citizen about it.

How do we know that Alice Martin lied to us?

Remember the fourth paragraph of my second snail-mail letter to Martin:

I allege, and an investigation will show, that the individuals noted below conspired to commit mail and wire fraud, depriving the citizens of Alabama of their intangible right to honest services under 18 U.S. Code 1346. Because the limitations period begins to run after the last overt act in furtherance of the main goals of a conspiracy (United States v. Fletcher, 928 F.2d 495), all of these acts fall within the five-year mail fraud statute of limitations.

It could not have been more clear: This was about honest-services mail fraud, which is covered under 18 U.S. Code 1346. This is fraud that involves public corruption, and it is distinct from consumer mail fraud, which is covered under other statutes.

But Alice Martin, like the vast majority of lawyers I've encountered, thinks regular citizens are stupid. She figured she could pull one over on me because I don't have J.D. after my name.

Well, Martin is in for a surprise. Because I'm about to use her own words to show that she is a corrupt public official--probably far more corrupt than anyone she has ever investigated.

Just how corrupt, and brazen, is Alice Martin. Recall in her previous e-mail that she said it was "standard procedure" for a complaint alleging honest-services mail fraud to go to the U.S. Postal Inspection Service.

So being the inquisitive Schnauzer that I am, I thought to myself, "I wonder if that's how it was done in the Don Siegelman cases.?"

I turned initially to the first Siegelman case, the one Martin brought in the Northern District of Alabama. That case, however, was not of much help. It involved Tuscaloosa physician Phillip Bobo and the primary allegations were for conspiracy, health care fraud, and program fraud. Honest-services mail fraud was not a factor.

So I turned to the second Siegelman case, the one Leura Canary brought in the Middle District of Alabama. That's the case in which Siegelman and former HealthSouth CEO Richard Scrushy were convicted, and the primary charges were racketeering, bribery, extortion, conspiracy, and honest-services mail and wire fraud.

In the end, roughly two-thirds of the charges against Siegelman and Scrushy involved honest-services mail fraud. So this was the perfect case to check and see if Alice Martin was telling us the truth.

And what do we learn? Well, consider the last paragraph of the press release (dated October 26, 2005) about the indictment:

The indictment is the result of a joint investigation initiated by federal and state authorities in early 2001 into numerous alleged improprieties in the Siegelman administration. The federal case is being prosecuted by Louis V. Franklin, Sr., the Acting U.S. Attorney for the Middle District of Alabama in this case, and Assistant U.S. Attorneys Stephen P. Feaga and J.B. Perrine; Trial Attorney Richard Pilger of the Public Integrity Section of the Criminal Division, U.S. Department of Justice, which is headed by Section Chief Noel L. Hillman; and Assistant Attorney General Joseph Fitzpatrick for the State of Alabama, who is also cross-designated as a Special Assistant United States Attorney for this case. The investigation was conducted jointly by the Federal Bureau of Investigation and agents from the Alabama Attorney General’s Office, with assistance from the Department of Transportation Office of Inspector General.

The last paragraph tells us who conducted the investigation. Do you see any mention of the U.S. Postal Inspection Service? I don't either.

So is it "standard procedure," as Alice Martin had told us, to have the U.S. Postal Inspection Service lead an investigation involving honest-services mail fraud?

Alice Martin's own press release tells us it is not. Alice Martin's own press release proves conclusively that Alice Martin is a corrupt U.S. attorney--one who intentionally sends criminal complaints to the wrong investigative agency and then lies to the public about it.

And our paper trail on Alice Martin is just beginning.

(To be continued)

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