Jackson Jambalaya

You know, at some point it IS ok to fight back instead of taking this crap.

Guidestar.com posts the Form 990's charities must file with the IRS. A quick check of Guidestar shows the 990's for the Fine Arts Institute of Mississippi are posted on its website: 2007, 2006, 2005. A Form 990 list assets, receipts, expenditures and compensation of officers. JJ is posting these forms as in all the media coverage of the Ridgeland-based charity, much information such as copies of indictments, lawsuits, cease and desist orders, and other documents have been kept from the public. These forms are posted so that those interested in the story can make up their own minds about the controversy.

On a somewhat related note, Guidestar also revealed Union Center/Theo Volunteer Fire Department hasn't filed any 990's since 2007. The 990 on file also reveals Cullen Potts is holding himself out as a Public Accountant even though the State confirmed to JJ he is not a licensed CPA in Mississippi. JJ has also learned several notices have been given to the Board but no action has been taken against Mr. Potts for holding himself out as a CPA. Earlier post

Fans of multiculturalism should love this little bit of Muslim life that is now appearing in the UK: cutting parties for girls. Hope you have a strong stomach:

"Hundreds of British schoolgirls are facing the terrifying prospect of female genital mutilation (FGM) over the Christmas holidays as experts warn the practice continues to flourish across the country. Parents typically take their daughters back to their country of origin for FGM during school holidays, but The Independent on Sunday has been told that "cutters" are being flown to the UK to carry out the mutilation at "parties" involving up to 20 girls to save money....

FGM is classified into four types, of varying severity; type 3 is the most mutilating and involves total removal of the clitoris, labia and a narrowing of the whole vagina.

An estimated 70,000 women living in the UK have undergone FGM, and 20,000 girls remain at risk, according to Forward. The practice is common in 28 African countries, including Somalia, Sudan and Nigeria, as well as some Middle Eastern and Asian countries such as Malaysia and Yemen. It is generally considered to be an essential rite of passage to suppress sexual pleasure, preserve girls' purity and cleanliness, and is necessary for marriage in many communities even now. It has no religious significance.

The most common age for the procedure is between eight and 11 but it can be carried out just after birth or just before marriage. It carries the risk of death from bleeding or tetanus, and long-term problems include urinary incontinence, recurrent infections and chronic pain. Reversal procedures are necessary in order to avoid major problems for a woman and baby during childbirth......" Article

The story didn't mention any pro-choicers raising hell about women having control over their own bodies. Apparently Islam trumps Planned Parenthood in the liberal mind.

From the Wall Street Journal yesterday:
"When Saul of Tarsus set out on his journey to Damascus the whole of the known world lay in bondage. There was one state, and it was Rome. There was one master for it all, and he was Tiberius Caesar.

Everywhere there was civil order, for the arm of the Roman law was long. Everywhere there was stability, in government and in society, for the centurions saw that it was so.

But everywhere there was something else, too. There was oppression—for those who were not the friends of Tiberius Caesar. There was the tax gatherer to take the grain from the fields and the flax from the spindle to feed the legions or to fill the hungry treasury from which divine Caesar gave largess to the people. There was the impressor to find recruits for the circuses. There were executioners to quiet those whom the Emperor proscribed. What was a man for but to serve Caesar?

There was the persecution of men who dared think differently, who heard strange voices or read strange manuscripts. There was enslavement of men whose tribes came not from Rome, disdain for those who did not have the familiar visage. And most of all, there was everywhere a contempt for human life. What, to the strong, was one man more or less in a crowded world?

Then, of a sudden, there was a light in the world, and a man from Galilee saying, Render unto Caesar the things which are Caesar's and unto God the things that are God's.

And the voice from Galilee, which would defy Caesar, offered a new Kingdom in which each man could walk upright and bow to none but his God. Inasmuch as ye have done it unto one of the least of these my brethren, ye have done it unto me. And he sent this gospel of the Kingdom of Man into the uttermost ends of the earth.

So the light came into the world and the men who lived in darkness were afraid, and they tried to lower a curtain so that man would still believe salvation lay with the leaders.

But it came to pass for a while in divers places that the truth did set man free, although the men of darkness were offended and they tried to put out the light. The voice said, Haste ye. Walk while you have the light, lest darkness come upon you, for he that walketh in darkness knoweth not whither he goeth.

Along the road to Damascus the light shone brightly. But afterward Paul of Tarsus, too, was sore afraid. He feared that other Caesars, other prophets, might one day persuade men that man was nothing save a servant unto them, that men might yield up their birthright from God for pottage and walk no more in freedom.

Then might it come to pass that darkness would settle again over the lands and there would be a burning of books and men would think only of what they should eat and what they should wear, and would give heed only to new Caesars and to false prophets. Then might it come to pass that men would not look upward to see even a winter's star in the East, and once more, there would be no light at all in the darkness.

And so Paul, the apostle of the Son of Man, spoke to his brethren, the Galatians, the words he would have us remember afterward in each of the years of his Lord:

Stand fast therefore in the liberty wherewith Christ has made us free and be not entangled again with the yoke of bondage.

This editorial was written in 1949 by the late Vermont Royster and has been published annually since. "

This one rocks:

Jackson crime statistics for the week of December 7 through 13, 2009.

New home sales down 11.3% in November, pushes unsold inventory up by a month.

The American Marriage Project at the University of Virginia published a study this month about the effect the recession is having on marriages. The divorce rate actually went down last year. What was interesting and will be amusing to some is the fact the study also concluded men make better shoppers and women better investors. Men because they hate shopping so they don't want to buy everything in sight and women because they are going to seek more professional advice and not let their egos drive their investing. The study also delves into how finances affect marriage. Barbara Dafoe Whitehead is the co-editor of the study and has written very interesting and provocative social commentary over the years. I haven't had time to read it but skimmed the press release and a WSJ column on the study and thought it was worth throwing out to you.

Press release
Study

JJ just had a poll asking what your favorite old restaurant in the Jackson area was. Mayflower Cafe. Crechales came in second.

I remember sitting in a theater the first time I saw this preview. Knew what it was going to be in the first two seconds. Still sends chills down my spine watching it. First and only time I've seen a theater audience not applaud but cheer a preview.

It's no secret the Jackson Free Press is a supporter of illegal immigration. At times, Donna Ladd has stated the illegal immigration laws are the equivalent of laws legalizing slavery and Jim Crow.

However, the JFP takes this one step further and publishes an article bashing foreign investment in Mississippi. That's right. After Mississippi was a dirt-poor state for decades because there was little to no investment by American companies, the JFP gets its panties in a wad because, gasp, foreigners are investing in Mississippi. The article gives a few paragraphs to the other side at first but then turns over the article to its favorite union activists who of course, bash foreign companies opening plants and hiring workers in Mississippi. The first quote is from a Jabber-jaw, ribfu, or Jibari or whatever her name is from the Mississippi Worker's Center for Human Rights. Give her some credit because Jabber-jaw doesn't pull any punches in linking it to....surprise....slavery:

"Mississippi has always had a dismal record regarding the rights of employees that goes all the way back to the days of slavery," said Jaribu Hill, executive director of the Mississippi Worker's Center for Human Rights. "Historically, wages are lower in the South because at one time there was that peculiar institution when people weren't paid at all. It's like we've retained some kind of attitude that if you're getting paid at all you should be thankful, because there was one time when you weren't paid at all."

Next from the "we don't need no money from outsiders" Klan were spokemen from the UAW and AFL-CIO, the same jingoistic and racist unions that bash the Southern states for giving tax breaks to Toyota, Nissan, and Mercedes while ignoring the nearly $2 billion in similar aid Northern states have given to the Big 3. They, of course, say it's all because they can pay workers low wages here:

"United Auto Workers claim that the wages an employee at the Nissan Plant in Canton makes, compared to wages an employee at the Nissan Plant in Tennessee makes, is an example of the state's comparatively low pay......

Damon Silvers, an associate general counsel for the AFL-CIO, said any state that is looking to entice business by low-balling wages is in a heated race to the bottom.

"If Mississippi's strategy is to be a source of low-wage labor, then they've picked a losing economic strategy. It won't work," Silvers said. "You'll be at the mercy of folks who will ratchet you down. What's low enough today will not be low enough later...."

I guess they missed the memo on how their so-called higher wages and infamous work rules ruined the auto industry. See Detroit for an example of a city run in accordance with union policies in the public and private sectors.

The reporter then accuses, with supporting quotes from his union buddies, foreign companies of operating with unions in a friendly manner in their home countries, yet working against them here. He calls Germany and Britain "labor-friendly". Yes Adam, they are labor friendly as you put it. They can't lay anyone off. They can't close plants. They can't respond to business cycles. BNET reports on the labor policies of European countries:

"While the United States pays 48 percent of the average wage for eligible unemployed workers (only one-third of out-of-work employees qualify for benefits), these benefits stop after six months. Compare U.S. figures to the following industrialized leaders of the EU. Germany pays 35 percent of the average pay to unemployed workers for five years; France pays 58 percent for two years; and Great Britain pays 21 percent for up to five years." Article

It gets worse. In Italy an employee can sue his employer if fired after a short probationary period. If the employer loses, he has to pay back wages, benefits, and a large fine if the company has more than fifteen employees. The result? No one in Italy gets fired. The probationary period is only three months and the NY Times reports absenteeism skyrockets after it's completed. Article So employees show up drunk? Employees don't show up at all? Tough luck. You're facing a lawsuit regardless of how well-documented the offense is for termination.

In Germany, employers must follow a "social selection" procedure in laying off workers. (Google it, you might be surprised at what you read.) In other words, those who are most likely to suffer from a layoff are kept over those with more seniority or a better record. All but very small firms are required to have a labor representative on staff. Want to use Grandma's recipe for donuts and open up a bakery because you know they will sell? Be prepared to hire a "master-baker" as German labor laws require you to hire a master-tradesman from the Guild regardless of your actual need for one. Don't forget the four-six week paid vacations that are expected of employers in these "labor-friendly" countries. Want to guess which countries have the highest unemployment rates in Europe? The most "labor-friendly" ones as Adam Lynch puts it. Labor-friendly is fine, if you actually have a job.

Can't fire people, can't make them work, can't lay them off when business slides. Think that might have something to do with why foreign companies are investing in Mississippi? Of course, in the JFP little template, it's because of low pay, ignoring the fact that if it was only about the pay, those employers would be going to Mexico or China. This is nothing but economic racism and is insulting to Mississippi workers. Under this way of thinking, foreign companies only invest in Mississipi because the workers are cheap, stupid, and can be easily controlled, in effect, there is still a plantation economy still for hire to the lowest bidder. The JFP seems to have missed the fact that jobs require capital but then, this is what passes for economic discussion at that rag.

Such is the way of "progressive" thinking.

As part of JJ's half-baked commitment to public service, here is yet another installment in our publication of lawyer disciplinary actions that are published in the Mississippi Lawyer, the Mississippi Bar's quarterly mouthpiece. There are from the November/December 2008 issue:

Dickie Scruggs, Zach Scruggs, Sidney Backstrom: Disbarred for life. Do I need to explain these disbarments?

James G. McIntyre of Jackson: Disbarment. Bounced checks on Lawyer Trust account and used it to pay off personal obligations for over four years. The sanction mentions McIntyre's "extensive disciplinary history": one private reprimand, four informal admonitions, and one one-year suspension.

Neal H. Labovitz of Southaven: Public Reprimand. Allowed a Tennessee lawyer to "participate" on his behalf in a Desoto County case despite never being admitted to "practice pro hac vice". The bar called it an "unauthorized practice of law".

The Attorney with No Name: Private Reprimand. Client paid shyster $2,000 to review his file post-conviction. Shyster agreed to refund money if there was "little or no chance of success". Attorney blew off client after he got money and didn't speak to him. The attorney claimed that his files were destroyed in a fire and that he meant to refund the unearned fees. Of course he did. The shyster also blew off the Bar and didn't respond to the complaint.

The Attorney with No Name: Private Reprimand. Client paid shyster $5,000 to reverse a "wrongful foreclosure" and seek damages against the lender. Shyster reversed the foreclosure but didn't contact client afterwards about the lawsuit against the lender. Shyster was suspended from the Bar. Shyster gave case to another lawyer but didn't tell client and didn't get his consent to do so. Shyster also failed to tell client about settlement offer.

The Attorney with No Name: Private Reprimand. Client hired lawyer for an uncontested divorce. Shyster didn't do anything for two months. Attorney wasn't prepared for case when it appeared in court and didn't have file with her at the hearing. Attorney said she "had a difficult time with obtaining and retaining secretarial personnel" and get this, she "inadvertently" scheduled the case on the same day she had a hearing in a contested divorce matter and that her focus on the contested case was the cause for her not having the case file for the Client's case. Um, isn't this the sort of thing that should be public?

The Attorney with No Name: Private Reprimand. Client paid shyster $700 to resolve an "outstanding misdemeanor charge. Charge was dismissed by court a year before but judge needed to sign dismissal order. Lawyer then blew off client. Misdemeanor charge still unresolved. Shyster blew off the Bar and didn't respond to the Bar Complaint. Shyster didn't attend the hearing either. Why should he if he was going to get only a private reprimand. Another example of why the Bar should suspend a lawyer for sixty days automatically for not answering bar complaints or skipping hearings.

See sidebar at the right for a collection of all posts on the Evans case.

Derek Henderson, the trustee in the bankruptcy of Chris Evans, filed two motions on last week asking the Court for permission to sell assets owned by Chris Evans. Mr. Evans owned eleven prime pieces of commercial real estate that are listed by the trustee on pages six and seven of the motion. Trustee's motion, Second motion

It is understandable the trustee is requesting the authority to sell these properties and then divide up the proceeds among the creditors. Most of the banks involved in the Evans case issued loans to companies that did not have actual title to the property (Thanks to the "alleged" fraudulent title certificates issued by Charles Evans, Jr. stating they did have title to said properties.). Many of the tracts described in the deeds of trust overlap each other or worse, are non-existent and were created out of thin air. It will be virtually impossible to determine what land belongs to which company when several different companies obtained loans on the same section of land even if they didn't have title to the property.

Mr. Henderson's second motion gives interested parties 21 days from the filing of the motion to object. A hearing is set for February 19, 2010 for consideration of any objections. Mr. Henderson also filed an exhibit that listed all loans and included property maps of each tract involved. Exhibit The list is 30 pages long and includes 16 plat maps. Evans case junkies will looove this exhibit. Feel free to compare the list with my itemized description JJ compiled two months ago.

Stay tuned.

Lost boxer by Reservoir

Update: Here are the Form 990's that are posted on Guidestar.com:
2007, 2006, 2005

A hearing previously scheduled for December by the Mississippi Gaming Commissions on Boxcar Bingo's license is now postponed until January. Boxcar Bingo's license was suspended several weeks ago, but it is allowed to keep operating pending appeal. Boxcar Bingo is the fundraising arm of the Fine Arts Institute of Mississippi, a Ridgeland-based charity. FAIM Website. The charity is the subject of much controversy, as the Mississippi Secretary of State's office issued a Cease and Desist Order against it recently and it is also linked to Tim Johnson. Copy of Order.

The investigation reportedly began when then-employee Silbrina Wright notified the State about alleged financial mismanagement at FAIM. Ms. Wright was then fired by FAIM and prosecuted for embezzlement. She filed a wrongful termination suit (Copy of lawsuit) against FAIM and claimed she:

1. began working at FAIM in July of 2007 and her title was Director of Operations.
2. oversaw the bingo operation and the payroll for both FAIM and Boxcar.
3. notified the Mississippi Secretary of State's office and Bill Murphy of illegal activity at the Charity and that "only $7,500 of the charity's revenue was being spent on scholarships and programs when regulations required that a greater percentage of the non-profit's income be spent on such programs."
4. "reported that the Charity was bouncing numerous checks"
5. "made a formal complaint with the SOS on November 3, 2008".
6. Murphy terminated her soon after she filed a complaint with the state.

Ms. Wright seeks damages as well as punitive damages. FAIM filed an answer to her lawsuit. A Case Management Order issued by the Court decreed all discovery should be completed by February 13, 2010 and the case is set for trial on June 14, 2010.

A Madison County Grand Jury indicted Ms. Wright for embezzling from FAIM on May 13, 2009. The indictment states Rebecca Mansell is prosecuting the case. Ms. Wright pleaded not guilty. Ms. Wright is represented by a public defender. The trial was continued on November 30 to May 3, 2010 by Judge Richardson. Copy of file.

It should also be noted the Madison County Journal recently stated Mr. Murphy's executive assistant, Teresa Wilson, has been engaging in a little sideline business of selling pesticide to Madison County. Keep in mind Mr. Murphy used to be a road manager for the county until a few years ago and Murphy also pays Supervisor Tim Johnson as a lobbyist for the charity. Ms. Wilson's little lemonade stand business sold more than $120,000 in pesticide and equipment over the last three years. Earlier post and link to MCJ story.

JJ also learned Marc Wilson, the husband of Teresa Wilson, worked for the Gaming Commission from December 1, 1994 to July 31, 1996 as a DP-Systems Analyst Manager. No accusations are made against either Wilson by this blog, however, it is worth pointing out given all the relationships in this case between FAIM employees and government officials, that the husband of the "executive assistant" also worked for the Gaming Commission, although it was nearly fifteen years ago and sources have told JJ there has almost been a complete turnover in personnel since Mr. Wilson was employed at the agency.

The scrum continues. Stay tuned.

YES!!!

"NEW ORLEANS — Broadway shows are finally back in New Orleans for the first time since Hurricane Katrina four years ago...
"The Color Purple" is only the second major Broadway production to come to New Orleans since Katrina flooded 80 percent of the city in 2005. The first was "Cats," which ran Oct. 27-Nov. 1 at the Mahalia Jackson Theater.
The Mahalia Jackson is the city's only major performing arts theater to reopen since the storm. Others, including the Saenger Theatre, State Palace Theater and Orpheum Theater, are still under repair or have not yet begun renovations.
David Skinner, general manager of the Mahalia Jackson, said reviving the performing arts in New Orleans has "been a real uphill struggle." The 2,100-seat theater flooded and had wind damage requiring millions of dollars in repairs. It reopened in January.
"It's been tremendous, the opera, the ballet, and now bringing Broadway back," Skinner said. "It's been very exciting...." AP Story

One more step in the recovery. Can't wait until the Saenger reopens. One of my favorite things to do used to be going to dinner at The Palace Cafe (crabmeat cheesecake anyone?) and then walking a few blocks down to the Saenger to catch a show.

""I've got four hospitals over here," Rhoads told (John) McGowan. "You're worried about making money. There's a big difference. You're not going to use the taxpayers of Rankin or Hinds County to pay for this thing." Article

So let me get this straight. Rhoads doesn't want taxpayers to pay for Two Lakes because it might make some people some money, never mind if everyone benefits from it, BUT he wants taxpayers to pay for levees to protect HIS city's building like crazy in a floodplain while KNOWING the entire time it was a floodplain.

In other words, Rhoads wants to stick it to you, the taxpayer so his city can profit off of the economic development in his town's flood plain which he and his predecessors so recklessly allowed while raising hell if Jackson dares to promote a project that might benefit everyone on both sides of the Pearl River.

Copy of lawsuit and counterclaim

Jackson Street Property Management filed suit in Madison County Court on November 10, 2009 against Ely's Restaurant for breach of contract. The plaintiff is the landlord of Ely's and claims it is owed thousands of dollars in unpaid rent. Ely's is owned by Richard Shapley.

Jackson Street claims, are you ready for this?, it resurveyed the building and suddenly discovered Ely's "occupied 270 square feet more than the 3000 square feet indicated in the lease". Jackson Street then demanded back rent for the extra 270 square feet from the date when Ely's first assumed the lease. Oddly enough, Jackson Street didn't include a copy of the lease in the lawsuit, claiming it was "voluminous and Ely's has a copy of that lease or has access to a copy of that lease." Hey Jackson, what about the judge? remember him? He might want a copy of the lease if he is going to adjudicate your suit. Jackson claims Ely's owes him $6,846 for the additional space and wants to charge him an additional $528.75 a month for the additional square feet. Oh, and he wants attorney's fees paid by Ely's as well.

Mr. Shapley was having none of it and fired back with a demand for $500,000 in his own counterclaim as he accused John F. Campbell, the owner of Jackson Street, of dealing with him in bad faith and harassing him so he would terminate his lease early. He also claimed Campbell
1. Failed to install a dumpster
2. Backcharged Ely's for water usage which wasn't the restaurant's responsibility.
3. Tried to stick Ely's with the HFAC maintenance contract
4. Required Ely's to carry higher insurance policy limits than the lease specified
5. Failed to maintain appearance and condition.
6. Attempted to collect more rent than was owed.

Mr. Shapley also alleged Campbell failed to market the property. This blogger has wondered exactly what was going on with Town Centre over the years as it is vacant but for Ely's and another tenant as Mr. Shapley claims. While Town Centre has withered on the vine, nearby developments built more recently have had no problems filling up with tenants. One would think such a development in a prime location of Ridgeland would have no such problem but this has obviously not been the case as it appears Mr. Campbell built a new-fangled ghosttown in the middle of Ridgeland (Remember Odyssey?). It should also be noted Mr. Campbell's address is listed in the Virgin Islands.

What is interesting in this case is the plaintiff apparently claims he reserved the right to "discover" any changes in square footage and then demand payment of rent for the "new" space from the inception of the lease. One can not imagine any tenant agreeing to such a clause as it is open-ended and not reasonable by any interpretation of the word. Mr. Shapley could theoretically be on the hook for tens of thousands of dollars if our carpetbagger "discovered" an error in the measurement of the leased space ten years later and then demanded his tenant pay him for the "extra" space. One would think the error in calculating square feet would lie with Mr. Campbell as he was the one who had the property surveyed. It hardly seems fair to make a tenant pay for mistakes made by his surveyor nearly two years after the fact. However, that is why we have a court and that is where these things are decided.

Stay tuned.

I was going to post the sections from each issue of the Mississippi Lawyer once a week until I finished using the issues available online but the response has been so positive, I'm going to post these sanctions that were first reported in the Feburary 2009 issue. Here we go:

Richard Burdine of Columbus: 2 year suspension. Failed to respond to bar complaint. Mr. Burdine quit communicating with his client and didn't notify him of a then-four month bar suspension in August, 2006. Mr. Burdine took a client's money in another case then quit communicating with the client. Mr. Burdine also failed to respond to that bar complaint as well. Mr. Burdine also filed to file any answers, defenses, objections, or pleadings in any of these bar complaints.

Glen Folse of Madison: 6 month suspension. Took $3,000 from client, didn't place money in his lawyer trust account. Mr. Folse then didn't do anything to represent the client and didn't communicate with the client. Mr. Folse also didn't answer the bar complaint.

Helen Kelly of Batesville: Public Reprimand. Represented spouse in a divorce. Client wanted Kelly to represent her in an action for a child modification. Lawyer demanded she first pay outstanding balance, which she failed to do and then obtained another lawyer. Kelly then represented the ex-husband in the child modification action. A bar complaint was filed by another client against Ms. Kelly for requiring the client to sign a contract with a clause stating her retainer was nonrefundable.

An attorney with no name: Private Reprimand. Hired by client to sue nursing home. Told client in April 2007 case would settle by December. Client found out after hiring another lawyer case was dismissed in April with prejudice. Lawyer also didn't reply to the Bar complaint. Blowing off the bar earned the shyster a private slap on the wrist. Attorney defended himself at the hearing and explained he was very ill and case was dismissed because his illness caused him to miss several deadlines.

An attorney with no name: Private Reprimand. Took $1,000 from client but agreed instead to contingency fee on an appeal of a decision by the Social Security Administration. Attorney didn't appeal decision but kept money even though he agreed to a contingency fee arrangement.

Great interview last week with Jim Rogers. Watch this one. Quite a few money quotes in this one as well.

The Hill reports:
"Update: (11:01 a.m.)--We got this response from RIM: "BlackBerry customers in North America may be currently experiencing delays receiving email. Our technical teams are working to resolve this issue for those impacted. Phone services, browsing and PIN-to-PIN messaging are not impacted. We apologize for any inconvenience."

Sources have informed Jackson Jambalaya former Rankin County Circuit Judge John Toney will be named the Executive Director of the Mississippi Commission on Judicial Performance. Judge Toney was also a prosecutor for Rankin and Madison Counties before serving as a judge. JJ thinks Mr. Toney is an excellent choice and wishes him well in his new duties.

As part of its commitment to serve the public, Jackson Jambalaya is publishing the names of lawyers sanctioned by the Mississippi Bar this year. These names come from online issues of the Mississippi Lawyer. The May/June 2009 issue (Pages 31-32) reported the following sanctions:

Dwayne Deer of McComb: Disbarment. Mr. Deer surrendered his license. Mr. Deer was convicted of participating in a real estate fraud scheme. Oddly enough, the publication does not mention any part of his conviction. It only says "he had committed violations of Rules...... in a bankruptcy matter where he failed to safekeep client funds."

What Mr. Deer actually did was reported in this article:
"McComb attorney Dwayne Deer pleaded guilty in federal court last week to conspiracy to commit bank fraud.
Deer was accused of conspiring with McComb developer Todd Phillips to submit false information to acquire more than $14.5 million in funding for real estate developments throughout Mississippi from more than 20 banks..."

However, an article in the Clarion-Ledger states he was barred for misappropriating funds in his escrow account after a bankruptcy judge found some improper um, accounting of the funds, not for the actual crime he of which he was convicted. If you read the Bar's account of Mr. Deer's disbarment in its publication, you would never know he was part of a multi-million dollar real estate fraud.

John M. Mooney, Jr. of Jackson: 90 Day Suspension. Deposited client's $2,500 retainer in another account when it should have been placed in the Lawyer Trust account. Didn't perform any work on the case, kept client's money even after being ordered to return it by the Bar. He listed client as a creditor when he filed bankruptcy.

Laquetta Golden of Gulfport: 14 Day Suspension effective March 26, 2009. Two complaints were filed aginst Ms. Golden. The first one allged she "failed to have entered a final default judgement in a replevin matter." The second one alleged she collected 2/3 of the settlement as attorney's fees in a Section 1983 lawsuit. She also deposited the settlement check into her operating account instead of her Lawyer Trust account although part of that was due to bank error.

J.B. Goodsell of Jackson: 14 Day Suspension. Here we go again as Mr. Goodsell is in trouble once more. Mr. Goodsell took a $500 fee to handle a replevin matter and didn't prepare the documents needed until three weeks after the first meeting and only then when the client raised hell. He then demanded another $1,100 for court costs of filing the case. Mr. Goodsell told client he had a court date of September 26, 2007 despite the fact no case was filed. Mr. Goodsell also blew off the bar and didn't respond to the Bar Complaint. The Bar also stated Mr. Goodsell had three prior Public Reprimands.

By the way, is anyone noticing a pattern? Lawyers who ignore bar complaints and don't respond to them don't seem to suffer too much from flipping off the Bar, do they?

From NASA: " Comet McNaught, the Great Comet of 2007, was the brightest comet of the last 40 years. Its spectacular tail spread across the sky and was breathtaking to behold from dark locations for many Southern Hemisphere observers. The head of the comet remained quite bright and was easily visible to even city observers without any optical aide. Part of the spectacular tail was visible just above the horizon after sunset for many northern observers as well. Comet C/2006 P1 (McNaught), which reached an estimated peak brightness of magnitude -6 (minus six), was caught by the comet's discoverer in the above image soon after sunset in 2007 January from Siding Spring Observatory in Australia. The robotic Ulysses spacecraft fortuitously flew through Comet McNaught's tail and found, unexpectedly, that the speed of the solar wind dropped significantly."

I can hardly believe Jackson Free Press reporter Adam Lynch wrote this paragraph:
"Corps officials assured members of the Levee Board that such an event would be rare. Heavy rain, they said, rarely accompanies rising spring floodwater from upriver. Even the massive flood of 1979 arrived on a sunny day, leaving residents stunned that floodwater was overtaking the levees."

I can't figure out who is more stupid: the reporter who wasn't even here but yet wrote that last sentence as fact or the editor who actually approved its publication. I guess the 19 inches of rain that fell in the upper basin had nothing to do with the Pearl River's rise. It must have escaped Mr. Lynch that rivers usually flood several days after it rains in many cases. Its pretty sad what one will write in order to torpedo the Two Lakes project.

Here are the latest disciplinary actions taken against wayward lawyers by the Mississippi Bar as reported in the most recent online issue of its publication, The Mississippi Lawyer:

Ed Peters: Disbarred. 'nuff said.

Joseph Sams of Columbus, MS. Public reprimand. Mr. Sams represented a client in bankruptcy. Unfortunately for the client, the shyster neglected to do simple things like informing her of the creditors' meeting or informing her the bankruptcy petition was dismissed because she didn't show up for the creditors' meeting. Mr. Sams also blew off the Bar and failed to respond to the bar complaint. For all of this, Mr. Sams received only a public reprimand. I would've suspended him for sixty days just for ignoring the bar but that's just me.

Edwin Pittman, Jr. of Hattiesburg, MS. Public reprimand. Mr. Pittman decided to engage in some inside dealing of sorts. He first signed a defendant's arrest warrant and set his bail as a municipal court judge for the crimes of DUI Mayhem and two counts of DUI Manslaughter. Apparently Mr. Pittman decided the defendant would best be served by having a lawyer that already knew his case soooo.... Mr. Pittman then represented the defendant in the same case. The Bar investigated and made some erroneous findings, which Mr. Pittman failed to correct. Read the rest of this case. Its rather interesting.

William Don Ketner, Jr. of Jackson, MS. Public reprimand. Mr. Ketner apparently liked being a lawyer so much he decided to represent someone in a divorce case while on suspension from the Bar. He was suspended for nonpayment of annual dues but claimed he knew nothing, NOTHING, of the suspension.

The attorney with no name: Private reprimand. This one had a conflict of interest as a trustee and engaged in some shenanigans in administering the trust.

The attorney with no name: Private reprimand. Didn't pay client her share of a products liability settlement. Attorney later claimed there were deficiencies and that the claim couldn't be paid and that he had told the client. Bar found he had not told the client and was not diligent in performing his duties and was suspended for the same things in 2007. Apparently the Bar has no problem with lawyers repeatedly thumbing their noses in the Bar's face.

Look on page 33 for disciplinary actions.

Nita is a Brussels Griffon and is the ultimate chick dog. There is a video available on her page. She is cared for by the American Brussells Griffon Rescue Alliance Note: Radar, the Korgi posted earlier, has been adopted.

Watch last 3 minutes. Santelli and Liesman really go at it, even by their standards.

For a collection of all posts about the Evans case, see sidebar at the right. Synopsis of case is at bottom of post.

As the Evans case winds its way through the bankruptcy court, several banks and Mississippi Valley Title Insurance Company continue to disagree over MVT's conducting a 2004 examination of the estate of Chris Evans.

A 2004 Examination is an examination of a debtor's estate by a creditor under Rule 2004 of the U.S. Bankruptcy Code. A creditor sometimes prefers a 2004 Exam as the creditor can investigate the assets and liabilities more thoroughly than is normally possible under the required meeting of the creditors that occurs in bankruptcy cases. The 2004 exam is essentially a deposition. The information gained in such an examination is immensely valuable to an insurance company such as Mississippi Valley Title if it is able to keep the results of the exam to itself for a period of time as the other creditors have filed more than $41 million in claims with MVT.

Consequently, Merchants & Farmers filed a motion on November 24, 2009 requesting Mississippi Valley Title turn over to M&F all records obtained from any 2004 Exam of Chris Evans. The bank also asked for any "surveys, plats, maps, diagrams, reports, title reports, or documents relating in any way to the ownership of any of the properties at issue in the lawsuit."

However, the bank went further than asking just for documents obtained through a 2004 exam and asked for "(g) Any manuals, guidelines, procedures, recommendations or other documents or things relating in any way the monitoring or auditing of approved attorneys for Mississippi Valley Title Insurance Company or Old Republic National Title Insurance Company..... and
(h) Any manuals, guidelines, procedures, recommendations or other documents or things relating in any way the internal controls and procedures of Mississippi Valley Title Insurance Company or Old Republic National Title Insurance Company as to title policies issued by approved attorneys from January, 2003 to date." Copy of motion

Bank of Forest, First State Bank, and State Bank & Trust also filed a Limited Joinder for Merchants & Farmers' motion yesterday. Motion for Joinder

Mississippi Valley Title didn't like this motion one bit as it made clear in its response. It called M&F's motion "inappropriate, improper, and overbroad for numerous reasons..." MVT further objected to the request for documents regarding internal controls and procedures: ""Rule 2004(b) limits the scope to matters regarding property of the debtor or matters that affect the administration of the debtor's estate. The request for manuals and internal analysis of claims made by Old Republic, for example, is a request for confidential and proprietary information that is beyond the scope of the 2004 examination. The same is true for information "relating in any way to any investigation' as requested in the motion." Copy of response

Many have suspected that the Evans brothers could not have perpetuated their (allegedly) fraudulent scheme without the assistance of others. An obvious question to ask is did anyone at MVT look the other way or collude with Charles or Chris Evans to carry out the plan? Other questions must be asked (These questions are not accusatory in nature but are a hypothesis of what the banks are likely seeking):
1. Were any appraisers accomplices in the plan to obtain so many fraudulent loans?
2. Was Old Republic and MVT's quality control departments adequately staffed?
3. How come no one noticed more than a few deeds of trusts were signed by both Charles and Chris Evans? Underwriting and auditing 101 calls for red flags to be raised when loan officers, title attorneys, appraisers, sellers, and buyers have the same last name. Did anyone notice the Evans' names and if not, why not? This question should be asked of the banks as well.
4. Did MVT audit the files of Charles Evans, Jr. since it could be liable for policies based upon his title certificates? This of course leads to a question of whether MVT was guilty of gross negligence if the audit procedures were lax or not performed in a diligent manner.
5. How many times a year were files audited? Was it random? How many files were audited? Were audits unannounced or scheduled?

Given the language of the motion filed by Merchants & Farmers, its clear the banks are asking these questions and more as they want to determine exactly how the Evans brothers were able to perpetuate the alleged fraud for over five years. The amount of claims filed by banks with MVT are roughly the same amount as its claims reserves. While its parent company, Old Republic, can easily cover these claims, the question remains whether Old Republic will keep MVT afloat if most or all of these claims are paid to the banks. Such a scenario alone is enough to probably ensure MVT will fight requests such as the one filed by M&F for internal controls tooth and nail.

Stay tuned.

Synopsis of Evans case (This feature will be included with future posts on Evans case): Charles Evans, Jr. was an attorney approved by Mississippi Valley Title Insurance Company to provide title certificates to MVT and lenders showing a borrower had clear title to property. MVT filed a lawsuit in September accusing his brother of using over 30 LLC's to obtain fraudulent loans from over 30 banks in Mississippi. Chris Evans would allegedly use one company to purchase a large tract of prime commercial real estate in Madison and Desoto Counties. Another company owned by Evans would obtain a commercial real estate mortgage on a smaller section of the tract yet that borrowing company never obtained a deed showing ownership of the land from the other company. Thus the smaller tract was actually non-existed as the larger tract was never actually subdivided. Charles would allegedly provide a title certificate however showing the borrowing company owned the land even though it didn't. Over 80 loans for nearly $50 million were issued by Mississippi banks to companies owned by Chris Evans for lands those companies either did not own. MVT has testified federal authorities are currently investigating the case. Chris Evans filed Chapter 7 bankruptcy on October 26, which stopped the Mississippi Valley Title's lawsuit against him as federal bankruptcy law stays most state civil court proceedings once a bankruptcy petition is filed. Mississippi Valley Title testified 65 title insurance claims for approximately $41 million have been filed by banks affected by the Evans case.

I think we can tell the Bama homers came out of the woodwork. Yes, Saban won the poll but over BOWDEN? Come on, Bowden was in top five 15 years straight, two national championships as well. Johnson won both a NC and two Super Bowl rings. However, Saban won the poll so JJ readers think Saban is the best coach since Bear Bryant.

Housingwire reports Fannie Mae's losses may exceed $200 billion and possibly trigger receivership. Unfortunately, Barclays says “Nationalization is not an immediate option, as putting FNM/FRE on the government’s balance sheet would increase public debt outstanding by $2trn, further straining perceptions of fiscal responsibility,” researchers said. “Mid-term elections next year also make it likely that any drastic steps that threaten the fragile housing recovery will be stymied.” The Wall Street Journal reports Barclays actually recommends Congress pump up to $300 billion into Fannie and Freddie. Meanwhile, delinquencies continue to rise at Fannie Mae. See Table 9.

Keep in mind FHA is in the midst of an implosion as well right now, meaning taxpayers are likely going to give Fannie, Freddie, and FHA hundreds of billions of dollars in bailout funds just to keep the housing market afloat. How much was that healthcare reform bill going to cost again?

Little did the liberals know that Hope and Change meant Goldman Sachs and their cronies hoping Obama would change our economic policies more in their favor. Rabid right-winger Matt Taibbi published a hard-hitting piece in Rolling Stone on what he calls Obama's "sellout" to Wall Street. Taibbi has practiced some very tough journalism on Wall Street over the last year and continues to write in that vein. This read is a long one but well-worth the time. Pour a drink and enjoy. Some excerpts:

"What's taken place in the year since Obama won the presidency has turned out to be one of the most dramatic political about-faces in our history. Elected in the midst of a crushing economic crisis brought on by a decade of orgiastic deregulation and unchecked greed, Obama had a clear mandate to rein in Wall Street and remake the entire structure of the American economy. What he did instead was ship even his most marginally progressive campaign advisers off to various bureaucratic Siberias, while packing the key economic positions in his White House with the very people who caused the crisis in the first place. This new team of bubble-fattened ex-bankers and laissez-faire intellectuals then proceeded to sell us all out, instituting a massive, trickle-up bailout and systematically gutting regulatory reform from the inside.......

Whatever the president's real motives are, the extensive series of loophole-rich financial "reforms" that the Democrats are currently pushing may ultimately do more harm than good. In fact, some parts of the new reforms border on insanity, threatening to vastly amplify Wall Street's political power by institutionalizing the taxpayer's role as a welfare provider for the financial-services industry. At one point in the debate, Obama's top economic advisers demanded the power to award future bailouts without even going to Congress for approval — and without providing taxpayers a single dime in equity on the deals......

The significance of all of these appointments isn't that the Wall Street types are now in a position to provide direct favors to their former employers. It's that, with one or two exceptions, they collectively offer a microcosm of what the Democratic Party has come to stand for in the 21st century. Virtually all of the Rubinites brought in to manage the economy under Obama share the same fundamental political philosophy carefully articulated for years by the Hamilton Project: Expand the safety net to protect the poor, but let Wall Street do whatever it wants. "Bob Rubin, these guys, they're classic limousine liberals," says David Sirota, a former Democratic strategist. "These are basically people who have made shitloads of money in the speculative economy, but they want to call themselves good Democrats because they're willing to give a little more to the poor. That's the model for this Democratic Party: Let the rich do their thing, but give a fraction more to everyone else...." Article

Don't think the brand of dog food your pet eats makes a difference? I got this Cavalier two months ago. The picture on the left was taken the day she came home with me. Her previous owner fed her Purina-1. Dog had allergies from hell. Muzzle was heavily streaked from the drainage around her eyes. Underbite was red and brown as were the front paws. Skin and fur looked bad because dry skin caused her to scratch. Vet said the next day they were from allergies. Coat looked horrible. (The picture was taken a few hours after she was bathed so she was clean.)

So....that day I put her on a sweet potato and fish formula which is allergy free (Snooty Pooch sells a Wellness version). The drainage stopped in a few days and slowly her coat improved in color and quality. Her new owner feeds her a lamb/rice allergy free formula made by Natural Balance. The picture on the right was taken two months later, showing even pets are what they eat. ;-)

"The days of unlimited iPhone plans may be coming to an end. AT&T said today that it will push back against rampant data usage on its network. New "incentives" to curb bandwidth hogs could include a tiered pricing structure with limits on how much each phone may download or pay-per-usage plans that meter monthly activity....." All good things must come to an end.

Another graduate of the Columbia School of Journalism shows his ignorance. Yes, Steve, there is such a thing as Emergency Unemployment Claims. Hmmm....the Columbia School of Journalism grads tend to sound alike after awhile. By the way, Liesman is referred to on CNBC as "Senior Economist" but his bio shows no work in economics whatsoever.

It's Christmas for Jackson Jambalaya readers at The Snooty Pooch. JJ readers will receive a $2 discount off any size bag of dog food. Mention "Kingfish" to Willie and he will take care of you. The Snooty Pooch also offers a nice variety of Christmas clothing for your pet as modeled by Louis XIV in the nearby pictures as well as premier boarding services.

Click on The Snooty Pooch logo at the top of the page to access their website. Phone number is 601-607-4175. Directions: Take the Madison exit, turn right. Turn left on Depot Drive, the last street before the railroad tracks, and The Snooty Pooch is on the left side of the street. The email address is thesnootypooch@aol.com.

Earlier post on The Snooty Pooch

Whitey is something else.

CORRECTION: Ms. Kuns was disbarred from practicing before the State Supreme Court. This website was under the impression from the order she was barred from practicing in Ms, which was not the case. A call to the state bar, review of the order, and consulting with other attorneys were made before posting. I am very aware of sanctions and what they are but was under the impression as written earlier she was disbarred. That was not the case and an apology goes to Ms. Kuns. The post was made to point out she was practicing again and was actually taking up for her. Thanks goes to those who pointed out the error. Unlike the JFP, things don't just disappear or get ignored like at the CL, when we screw up, we say so on this site.




Laura Kuns is practicing law again. Jackson Jambalaya reported earlier this year she had been disbarred by the Mississippi Supreme Court. The former MC Law School professor had testified to having an affair with then-Justice Oliver Diaz in his trial. Ms. Kuns was disbarred for (ready for this?) not paying $1,500 in lawyer fees. How many clients stiff their attorneys on legal fees yet she gets disbarred. Can we say payback by the good ole boys? Disbarment

Since this website reported she was disbarred, it's only fair to report she is reinstated and currently practicing law again. There was something that just seemed terribly wrong about a former State Supreme Court Justice practicing law and living the good life while his former girlfriend lost her job because of his inability to stay out of trouble, and his friends on the Court disbar her for such a small amount. Isn't that how it works in Mississippi? The man does what he wants and the woman pays for it? Hope her career takes off again because the former member of the Mississippi College Law Review is a very talented and capable attorney.

Latest Jackson crime stats for the week November 30-December 6, 2009.

Grinch Song

New Totally Tooned In | MySpace Video

Warning: May not BSFW

So how did wrestling go from this:


to this:

Update: Apparently Mr. Potts is NOT a CPA. The State Board of Public Accountancy confirmed this afternoon in a telephone call Cullen Potts is not a licensed CPA in Mississippi. Mr. Potts is also not licensed in Tennessee. So it appears a phony CPA ran a scheme with a bingo operation and charity that paid him nearly $300,000. Nice jack if you can get it.

Copy of Cease and Desist Order

The Securities and Charities Division of the Mississippi Secretary of State's office issued a Cease and Desist order on December 1, 2009, against another charity which ran a bingo operation. The Division fined the Union Center/Theo Volunteer Fire Department $354,124 and revoked UCT's charitable exemption after a hearing was held by the Division earlier this year on the charity's actions.

The hearing officer stated the charity was a "non-profit, volunteer fire department" in Corinth, MS and that it "fundraises through a charitable gaming operation known as Corinthian Bingo." The Cease and Desist Order stated UCT paid $20,749 of Corinthian Bingo's expenses. Mississippi law requires a bingo operations' funds should support a charity, not the other way around as apparently happened in this case.

The Order also singled out a Cullen Potts as being a prime beneficiary of the charity's um, donations. It states:

1. UCT paid Mr. Potts, "a CPA", $95,250 to keep the books for both operations and 85% of this for his work on the bingo operation, in violation of the law.
2. The charity overpaid Mr. Potts by $11,639 for other services.
3. UCT "falsified expenses of the fire department" and the total amount of the fictitious expenses was $252,328. The Order further states UCT created these bogus expenses so it could move $252,328 from the charity to Corinthian Bingo in violation of the law while appearing to be in compliance. In other words, UCT committed fraud and the goal of the fraud was to "trick the Mississippi Gaming Commission into renewing UCT's bingo license."
4. UCT's financial statements show that while the money was "never transferred to Corinthian Bingo", they do show the money was given to its accountant, Cullen Potts, "who deposited the money into his personal checking account at Renasant Bank" and that Potts kept the money for himself instead of transferring it to Corinthian Bingo even though the accounts state the money went to the bingo operation.
5. The charity also used its funds to build a fire department on land that belonged to someone else. Hmmm... what kind of kinfolk deal took place in that transaction?

This seems like hypertechnical stuff, after all, who cares about bookkeeping at charities and bingo halls? However, too often charities are used to prey upon good-hearted people who seek to help others but often are taken in by smooth-talking shysters. This is the second Cease and Desist order Mr. Hoseman's office has issued this year to a charity linked to a bingo operation.

Schooling abroad has taken on an all new meaning, as the British Telegraph reports:
"Five American Muslim students have been arrested in Pakistan after their families discovered a video in which they pledged to fight jihad against the West.
Their arrest, after they contacted radical groups linked to al-Qaeda, has raised fears that homegrown terrorism is spreading in the United States.
Officials said the five men, all from the Washington area, wanted to join militants in Pakistan’s tribal area before crossing into Afghanistan but were turned down because they lacked “references” from trusted sources. ..." Article

This shouldn't come as a surprise to those of you who actually read the NYPD's report on homegrown terrorism posted on this blog a couple of years ago and remains in the sidebar on terrorism. Report

The Raymond castle Christmas display is no more and I suspect the Christmas magic that used to inhabit Whispering Pines has evaporated. Where are the best Christmas lights this year?

Will be tied up for most of the day and night so consider this an open thread. Evans, Harvey & Weill, Nutt staying at Ole Miss, have at it.

Worth watching. Even if half of it is over your head, you'll still get some good information out of this interview not to mention some real money quotes.