Wednesday, February 23, 2022

SCOTUS allows North Birmingham bribery convictions to stand, but signs point to a renewed investigation, sniffing around some of Alabama's deepest pockets

Mike Cole, Jay Town, Mark Crosswhite

The U.S. Supreme Court yesterday denied certiorari, allowing convictions in the North Birmingham Superfund scandal to stand. The action answers a few questions, but it raises a number of others, reports banbalch.com. Writes Publisher K.B. Forbes, under the headline "Righteous or Corrupt Verdict? SCOTUS Allows Convictions to Stand; More Indictments Coming?":

Today, the Supreme Court of the United States denied a petition for a Writ of Certiorari for ex-Balch & Bingham partner Joel I. Gilbert. The same goes for ex-Drummond executive David Roberson.

Gilbert is serving 5 years in federal prison while Roberson is serving 30 months.

Now that the crimes in the North Birmingham Bribery Scandal have been affirmed and all legal appeals have been exhausted, are more criminal indictments coming?

Forbes notes a curious comment that Assistant U.S. Attorney George Martin, lead prosecutor on the case, made after the convictions came down:

After their criminal convictions, Assistant U.S. Attorney George Martin, the lead prosecutor of the North Birmingham Bribery Case stated:

We’re happy for the citizens of Birmingham that someone is finally speaking on their behalf. We’re happy that we were able to shine a light into this dark corner of Alabama politics and clean up a little bit of the pollution that’s there. This jury has spoken valiantly that this won’t be tolerated … . This is a righteous verdict.

A little bit of the pollution?

Was Martin foreshadowing what was to come?

Martin, who transferred to Mobile after the case, was allegedly disgusted with the politics in the Birmingham Office of the U.S. Attorney of the Northern District of Alabama run by then-U.S Attorney Jay E. Town who at the time foolishly closed the hope for additional probes claiming that Gilbert and Roberson were “lone wolves” in the scandal, which many in media and law enforcement thought was pure bullshit. 

A year and three months later, jaw-dropping photos of Alabama Power CEO and ex-Balch partner Mark A. Crosswhite enjoying refreshing cocktails with U.S. Attorney Jay E. Town allegedly at the height of the criminal trial rocked the political and business establishment.

Now insiders hint that Balch, Alabama Power, Drummond, Matrix, and other Balch stooges are allegedly being investigated for possible Obstruction of Justice.

And it makes perfect sense.

The convictions might remain in place, but Forbes sees signs that the scandal is far from over:

In the summer of 2019, we met with top investigators, some working for the U.S. Department of Justice, while on a trip in Washington. As we wrote then:

While Balch & Bingham, Drummond, and their alleged corrupt allies …may be contemplating more acts of gross injustice, eagle eyes are watching and bat ears are listening to every move, every exchange, every motion.

Our contacts at DOJ told us at the time that because of their deep pockets, Alabama Power not Balch & Bingham was the problem. What gravely concerned them was the incestuous corruption in Jefferson County.

The enormous amount of politcal pressure placed by Balch boosters and allies not to indict in 2017 in the North Birmingham Bribery Scandal was unprecedented, and to some seasoned DOJ investigators, indicative of Alabama Power’s alleged deep financial pockets and alleged unchecked power.

Last year we saw similar political pressure when Alabama Power, Balch, and Drummond filed protective orders and had Roberson ‘s $75 million civil case sealed in its entirety.

The rebirth of the North Birmingham Bribery Trial caused uncontrolled panic.

Where might investigators turn? Forbes provides a number of clues:

Now a criminal investigation could open the doors wide-open at Alabama Power, exposing Crosswhite in the nude (figuratively). Investigators can then drag themselves through the raw sewage of Sloppy Joe and the Matrix Meltdown. Finally, law enforcement can hold Drummond’s “confused” General Counsel accountable and interview every member of the Drummond family.

Jay E. Town and convicted ex-State Representative Oliver Robinson will make excellent witnesses to interview and so will Mike Cole, the third man in the jaw-dropping photographs.

As we wrote two weeks ago, there is a long cast of alleged suspects and stooges, and a lengthy list of alleged criminal acts that need to be probed.

The probe won’t happen overnight and appears to have begun in late October.

The Biden Administration appears to be quietly moving ahead. The DOJ, the EPA, and the SEC each have chips in this game.

And as a final note, besides Assistant U.S. Attorney Martin transferring to Mobile, we learned that two top FBI agents involved with the North Birmingham investigation were promoted away from the corrupt cesspool of Jefferson County.

Obviously law enforcement professionals have had enough of the corrupt shenanigans in the Magic City.

But then again, who has the deep pockets to fund these corrupt shenanigans?

10 comments:

Anonymous said...

No matter what happens, Crosswhite and Town will never live those photos down. They just scream "corruption."

legalschnauzer said...

I wonder if Mike Cole was a planned part of the meeting or if he just happened to run into Crosswhite and Town at the lounge.

legalschnauzer said...

For those who might have forgotten about Mike Cole's role in the Town-Crosswhite meeting, here is the URL to a Legal Schnauzer post on the subject:

https://legalschnauzer.blogspot.com/2020/11/third-man-in-photo-of-mark-crosswhite.html

legalschnauzer said...

Here are details about Mike Cole and the Town-Crosswhite photos:

Many Birmingham residents probably know about photos of Alabama Power CEO Mark Crosswhite and former U.S. Attorney Jay Town chugging cocktails at a downtown lounge before the North Birmingham Superfund bribery trial. The meeting reportedly was designed to essentially rig the trial by reaching a plan to ensure that the power company would not be mentioned and none of its executives would be prosecuted.

Less known, until now, is that a third man was present in some of the photos, and his testimony could become a central piece in the ongoing $75-million lawsuit from former Drummond Company vice president David Roberson, according to a report at banbalch.com. The third man is P. Michael Cole, an attorney with the Wilmer and Lee firm of Huntsville. He also appears on the Alabama Ethics Commission's list of registered lobbyists for Alabama Power. Yellow Hammer News lists Cole among the 50 most powerful and influential lobbyists in the state.

Anonymous said...

Wasn't Jay Town considered a potential U.S. Senate candidate at one point?

legalschnauzer said...

Oh yes, that was the word in political circles. If he had kept his nose clean, he might be challenging Katie Britt and Mo Brooks for Richard Shelby's seat right now. If my memory is correct, Shelby was largely responsible for Town's appointment as U.S. attorney.

Anonymous said...

What if Roberson's lawsuit proves he was framed? Is he then released from prison?

legalschnauzer said...

@12:41 -- You ask a great question. Unfortunately, I don't have an answer. If our system were about justice, there surely would be a mechanism for his release. But we've seen many instances where our system seems to have little to do with justice.

Anonymous said...

The chief prosecutor seems to have admitted they cleaned up only "a little bit of the pollution." That tells me he knows there is a whole lot more out there.

legalschnauzer said...

I wonder if somebody in the U.S. attorney's office got pissed enough about the cover-up that he arranged for the photos of Town and Crosswhite to be taken. It certainly seems to have stuck a fork in Town's political ambitions.