The Flood Warning continues for the Atchafalaya River at Morgan City. * Until further notice... or until the warning is cancelled. * At 7:00 PM Tuesday the stage was 5.1 feet. * Minor flooding is occurring and minor flooding is forecast. * The flood stage is 4.0 feet. * Forecast... the river is expected to remain at or just below the current stage of 5.1 feet throughout the next few days.
NEW ORLEANS - Despite more than $22 million in repairs, a levee that broke with catastrophic effect during Hurricane Katrina is leaking again because of the mushy ground on which New Orleans was built, raising serious questions about the reliability of the city's flood defenses. Continue Here.
A federal court judge cleared the way Friday for the Army Corps of Engineers to face trial on claims that defects in its Mississippi River-Gulf Outlet destroyed wetlands and turned the navigation channel into a funnel for storm surge. Continue at Nola.com.
Reznet, the online newspaper for Native America, has been covering the impact of the hurricanes of 2005 on Louisiana indigenous coastal tribes via a year long project, "Katrina, Rita and the Houma". Journalism students Mary Hudetz, a Crow reporter from the University of Montana, and Martina Rose Lee, a Navajo photojournalist from Arizona State University, collaborated with veteran journalists Victor Merina, a former Los Angeles Times investigative reporter, and multimedia journalist Steven A. Chin to produce the special report. See the special report, here.
An anonymous commenter at the Reznet website posts the following:
John Verret, Bayou du Large, LA. (c) Matthew White
Louisiana coastal photographer Matthew White was in Terrebonne Parish last fall documenting endangered landscapes inhabited by the Houma Indians and other native coastal tribes with traditional guide, Captain John Verret. To see Matthew's photographs of Terrebonne Parish go here. (click the X upper right of slides if you prefer to view captioned photos.)
Here's the scoop on the closing of the Bonnet Carre Spillway via The Times-Picayune...
WASHINGTON -- Long-awaited hurricane protection for Terrebonne and Lafourche parishes in South Louisiana has hit another snag as the Bush administration raised new objections about the cost.Despite a congressional directive last year, the U.S. Army Corps of Engineers is balking at starting work on a 72-mile levee project shielding 150,000 people around Houma from storms sweeping in from the Gulf of Mexico. Continue at nola.com.
NEW ORLEANS — With the Mississippi River flow increasing, several people expressed concern Friday morning that increased sedimentation could exacerbate existing problems with shallow downstream channels. Continue at The Advocate.
The following is a statement released by the Corps of Engineers regarding
the Bonnet Carre Spillway being opened on Friday.
VICKSBURG, Miss. -- Heavy rain in the Mississippi Valley is prompting the U.S. Army Corps of Engineers to open the Bonnet Carre Spillway on Friday, April 11, 2008, for the first time in 11 years.
The Corps will open the spillway to keep the volume of Mississippi River flows at New Orleans from exceeding 1.25 million cubic feet per second (cfs), which current projections indicate will occur on April 11, 2008. The spillway may be open for an estimated two to four week period, during which time the Mississippi is expected to crest at about 17 feet at New Orleans, without operation of the spillway. Operation of the structure will relieve pressure on local levees, lower river stages, and reduce the velocity of the river current from the spillway southward.
The decision to open Bonnet Carre is the responsibility of Mississippi River Commission President Brig. Gen. Michael Walsh, commander of the Corps' Mississippi Valley Division in Vicksburg, Miss.
Environmental, hydrologic, structural, navigational and legal
considerations all bear on the decision to open Bonnet Carre. Essentially,
the spillway is only operated when existing conditions, combined with
predicted discharges, reach the operational level as prescribed in the
approved Bonnet Carre Spillway Operations Manual and the Mississippi
Valley Division Operations Plan 2007-02 for Floods.
Other factors
that affect the decision are the overall condition of the levees and the ability of the river to pass flows, and the effects high water and river currents may have on vessels navigating the river,
including the risk of vessels losing control and colliding with levees.
Bonnet Carre, located 28 miles above New Orleans, is a vital element of the multi-state Mississippi River and Tributaries (MR&T) system, which uses a variety of features to provide flood protection to the alluvial Mississippi Valley from Cape Girardeau, Mo., to Head of Passes. MR&T features include levees and floodwalls to contain flood flows, floodways (such as Bonnet Carre) to redirect high flows out of the Mississippi River, reservoirs and pumping plants for flood control drainage, and
channel improvement and stabilization features to protect the levees and improve navigation of the
river.
Bonnet Carre is the southernmost floodway in the MR&T system. Located on the east bank in St. Charles Parish, it can divert a portion of the river's floodwaters via Lake Pontchartrain into the Gulf of Mexico, thus allowing high water to bypass New Orleans and other nearby river communities. The structure has a design capacity of 250,000 cfs, the equivalent of roughly 1,870,000 gallons per second.
The Bonnet Carre structure consists of a control structure and a floodway. The control structure is a concrete weir that parallels the river for a mile and a half. It consists of 350 gated bays, each holding 20 timber "needles," for a total of 7,000 needles. When needles are removed, river water flows into the floodway and is conveyed nearly six miles between guide levees to the lake. Operation of the structure is relatively simple. Two cranes, moving on tracks atop the structure, lift timbers from their vertical position in the weir and set them aside. A complete opening of all 350 bays is not planned at this time.
Bonnet Carre was first opened during the flood of 1937; since then it has operated seven other times, during high water in 1945, 1950, 1973, 1975, 1979, 1983, and 1997. The flood of 1997 was the last time the spillway was operated.
Ferries halted; spillway opening as river swells
With the Mississippi River cresting beyond the National Weather Service’s previous predictions and even higher than the U.S. Army Corps of Engineers anticipated, precautions are now in motion to prevent potentially catastrophic flooding along the river’s lower portions.From Thursday’s closure of ferry operations near St. Francisville to today’s rare opening of the Bonnet Carré Spillway to the south near Norco, both public and private interests began preparations. Continue at The Advocate.
The National Weather Service has issued a Flood Warning for New Orleans.
THE FLOOD WARNING CONTINUES FOR THE MISSISSIPPI RIVER AT NEW ORLEANS. * FROM LATE SATURDAY NIGHT UNTIL FURTHER NOTICE...OR UNTIL THE WARNING IS CANCELLED. * AT 7:00 AM FRIDAY THE STAGE WAS 16.7 FEET. * MINOR FLOODING IS FORECAST. * FLOOD STAGE IS 17.0 FEET. * FORECAST...THE RIVER IS EXPECTED TO RISE TO NEAR FLOOD STAGE EARLY SUNDAY MORNING. * IMPACT...AT 17.0 FEET...THE RIVER WILL RISE ON THE LEVEE MAKING NAVIGATION AND DOCKING DIFFICULT. THE CITY IS PROTECTED TO A PROJECT HEIGHT OF 20 FEET. * THE BONNET CARRE SPILLWAY IS EXPECTED TO BE OPENED TODAY.
The Department of Transportation has
closed the St. Francisville and White Castle ferries because rising
waters have flooded access roads to the ferries.Ferry service at these two locations is suspended until water levels recede.Starting
Friday morning, DOTD will move the White Castle ferry to the Plaquemine
ferry landing and will run two boats every 15 minutes - one from each
side - at the Plaquemine landing from 5:30am to 9:30am and 3:30pm to
7:30pm, Monday through Friday. Continue here.
The National Weather Service has issued a Flood Warning for New Orleans
THE FLOOD WARNING CONTINUES FOR THE MISSISSIPPI RIVER AT NEW ORLEANS. * FROM LATE SATURDAY NIGHT UNTIL FURTHER NOTICE...OR UNTIL THE WARNING IS CANCELLED. * AT 7:00 PM THURSDAY THE STAGE WAS 16.9 FEET. * MINOR FLOODING IS FORECAST. * THE FLOOD STAGE IS 17.0 FEET. * FORECAST...THE RIVER IS VERY NEAR FLOOD STAGE AND IS EXPECTED TO FLUCTUATE NEAR FLOOD STAGE THROUGHOUT THE NEXT SEVERAL DAYS. * IMPACT...AT 17.0 FEET...THE RIVER WILL RISE ON THE LEVEE MAKING NAVIGATION AND DOCKING DIFFICULT. THE CITY IS PROTECTED TO A PROJECT HEIGHT OF 20 FEET. * THE BONNET CARRE SPILLWAY WILL LIKELY BE OPENED TOMORROW TO LIMIT THE FLOW PAST NEW ORLEANS AND PREVENT FURTHER RISES AT THE CARROLLTON GAUGE.
NEW ORLEANS (AP) -- The Army Corps of Engineers plans to open the Bonnet Carre Spillway for the first time in 11 years on Friday, because of heavy rain in the Mississippi Valley. Coninue here.
The National Weather Service has issued a Flood Warning for New Orleans.
THE NATIONAL WEATHER SERVICE IN NEW ORLEANS/BATON ROUGE HAS ISSUED A * FLOOD WARNING FOR THE MISSISSIPPI RIVER AT NEW ORLEANS. * FROM SUNDAY MORNING UNTIL FURTHER NOTICE...OR UNTIL THE WARNING IS CANCELLED. * AT 11:00 AM THURSDAY THE STAGE WAS 16.6 FEET. * MINOR FLOODING IS FORECAST. * FLOOD STAGE IS 17.0 FEET. * FORECAST...THE RIVER IS EXPECTED TO RISE TO NEAR FLOOD STAGE SUNDAY MORNING. * IMPACT...AT 17.0 FEET...THE RIVER WILL RISE ON THE LEVEE MAKING NAVIGATION AND DOCKING DIFFICULT. THE CITY IS PROTECTED TO A PROJECT HEIGHT OF 20 FEET. * THE BONNET CARRE SPILLWAY IS EXPECTED TO BE OPENED ON FRIDAY THE 11TH.
FBI searches office of Katrina lawsuits lawyer (Huntsville Times)
FBI serves search warrant on Scruggs' law office in Oxford (The Clarion-Ledger)
What’s up with Trent Lott's Brother-in-law Dickie Scruggs? (Michele Malkin)
Dickie Scruggs Indicted On Federal Bribery Charges (WSJ Law Blog)
Scruggs out of all Katrina litigation (The Blog of Legal Times)
Top Democrat Donor Tries To Bribe Judge (Corruption Chronicles)
Letter Says Scruggs Withdrawing From All Katrina Litigation (WSJ Law Blog)
The Portland blog that might know why Trent Lott really resigned (Blue Oregon)
Further examination of the Scruggs indictment and the Jones v. Scruggs lawsuit (Insurance Coverage Law Blog)
Rural judge in spotlight -Undercover work led to bribery case (Sun Herald)
Scruggs case: 'This is going to be awful for all' (Sun Herald)
-- At all times relevant and material to this Indictment:
1. Defendant RICHARD F. "DICKIE" SCRUGGS was an attorney licensed in the State of Mississippi and was a member of a private law firm, known as The Scruggs Law Firm, P.A.
2. Defendant DAVID ZACHARY SCRUGGS was an attorney licensed to practice law in the State of Mississippi and a member of "The Scruggs Law Firm."
3. Defendant SIDNEY A. BACKSTROM was an attorney licensed to practice law in the State of Mississippi and a member of "The Scruggs Law Firm."
4. Defendant TIMOTHY R. BALDUCCI was an attorney licensed to practice law in the State of Mississippi and a member of the firm of Patterson and Balducci, PLLC, with offices in various locations including 207 East Main Street, New Albany, Mississippi 38652.
5. Defendant STEVEN A. PATTERSON was a non-attorney member of the firm of Patterson and Balducci, PLLC.
6. The Honorable Henry L. Lackey was a public officer and an elected official serving in the capacity of circuit judge for the Third Circuit Court District, a subdivision of the judicial branch of the State of Mississippi, encompassing Lafayette, Union, Calhoun, Benton, Marshall, Chickasaw and Tippah Counties, Mississippi. During all times and events set forth in this indictment, Judge Henry L. Lackey was a cooperating witness working with the Federal Bureau of Investigation, having reported a bribery overture to the federal authorities and having agreed to assist in the investigation in an undercover capacity.
7. A civil lawsuit styled Jones, et al, v. Scruggs, et al, Civil Action No. L07-135, was filed on March 15, 2007, in the Circuit Court, Lafayette County, Mississippi, in which defendant RICHARD "DICKIE" SCRUGGS and The Scruggs Law Firm were named as defendants, along with others in a dispute over the division of $26.5 million dollars in attorneys' fees. This lawsuit was assigned to Circuit Judge Henry L. Lackey.
Count One
1. From on or about March of 2007 and continuing until on or about November 2007 in the Northern District of Mississippi and elsewhere the defendants RICHARD "DICKIE" SCRUGGS, DAVID ZACHARY SCRUGGS, SIDNEY A. BACKSTROM, TIMOTHY R. BALDUCCI, and STEVEN A. PATTERSON did knowingly and willfully conspire with each other and with others known and unknown to commit offenses against the United States as follows:
a. To corruptly give, offer, or agree to give anything of value to any person with the intent to influence or reward an agent of a state or local government in connection with any business, transaction or series of transactions of such government or agency involving anything of value of $5,000 or more when such state or local government or agency received in any one year period benefits in excess of $10,000 under a federal program in violation of Section 666(a)(2)(b) and Section 2 of Title 18 of the United States Code.
b. To devise and intend to devise a scheme and artifice to defraud and to deprive the State of Mississippi of its intangible right to honest services and for the purpose of executing the scheme and artifice, to knowingly transmit and cause to be transmitted by means of wire, writings and sounds by communications in interstate commerce, in violation of Sections 1343, 1346 and 2 of Title 18, United States Code.
2. It was part of the conspiracy for defendant RICHARD "DICKIE" SCRUGGS and his co-defendants to attempt to influence Judge Henry L. Lackey by providing things of value, including but not limited to $40,000 in cash to obtain an order resolving the Jones v. Scruggs, et al lawsuit favorable to RICHARD "DICKIE" SCRUGGS and The Scruggs Law Firm.
3. It was further part of the conspiracy that defendant TIMOTHY R. BALDUCCI on behalf of RICHARD "DICKIE" SCRUGGS and with the knowledge of the other defendants, would have several meetings and conversations with Judge Lackey wherein the defendant TIMOTHY R. BALDUCCI agreed to pay $40,000 to Judge Lackey for said ruling in favor of defendant RICHARD "DICKIE" SCRUGGS and The Scruggs Law Firm.
4. It was further part of the conspiracy that RICHARD "DICKIE" SCRUGGS attempted to cover up and conceal his involvement and the involvement of other co-conspirators and The Scruggs Law Firm by falsely creating documents to show that he hired defendant TIMOTHY R. BALDUCCI to do jury selection work and preparation of jury instructions for an unrelated case when in truth and fact as he then and there well knew he was reimbursing defendant TIMOTHY R. BALDUCCI for the $40,000 cash bribes paid by BALDUCCI to obtain the favorable ruling from the state circuit court, and providing an additional $10,000 in funds to Balducci for the same purpose.
Overt Acts
During and in furtherance of the conspiracy and to promote and accomplish its objectives, the co-conspirators committed certain overt acts, among which were the following:
1. Between on or about March 15 and March 28, 2007, RICHARD "DICKIE" SCRUGGS, DAVID ZACHARY SCRUGGS, SIDNEY A. BACKSTROM, TIMOTHY R. BALDUCCI, and STEVEN A. PATTERSON met at the offices of The Scruggs Law Firm in Oxford, Mississippi, for the purpose of discussing how to influence the outcome of the Jones, et al, v. Scruggs, et al, lawsuit.
2. On or about March 28, 2007, TIMOTHY R. BALDUCCI placed a telephone call to Judge Henry L. Lackey and asked to meet with the judge later that day.
3. On or about March 28, 2007, TIMOTHY R. BALDUCCI traveled to Calhoun County, Mississippi, to meet with Judge Henry L. Lackey and made an overture on behalf of RICHARD "DICKIE" SCRUGGS, The Scruggs Law Firm and the other co-conspirators to resolve the Jones, et al, v. Scruggs, et al, lawsuit favorably to the defendant RICHARD "DICKIE" SCRUGGS and The Scruggs Law Firm.
4. On or about May 3, 2007, TIMOTHY R. BALDUCCI had a telephone conversation with Judge Henry Lackey wherein BALDUCCI advised that "they had changed their strategy" and that they would rely on a motion to compel arbitration rather than a motion for summary judgment.
5. On or about May 4, 2007, SIDNEY A. BACKSTROM e-mailed a proposed order to TIMOTHY R. BALDUCCI.
6. On or about May 4, 2007, TIMOTHY R. BALDUCCI faxed a proposed order to Circuit Judge Henry Lackey.
7. On or about May 9, 2007, TIMOTHY R. BALDUCCI had a conversation with Judge Henry Lackey wherein BALDUCCI stated that "my relationship with Dick [Scruggs] is such that he and I can talk very private [sic] about these kinds of matters and I have the fullest confidence that if the court, you know, is inclined to rule... in favor... everything will be good... " "The only person in the world outside of me and you that has discussed this is me and Dick [Scruggs]." " We, uh, like I say, it ain't but three people in the world that know anything about this... and two of them are sitting here and the other one... the other one, uh, being Scruggs... he and I, um, how shall I say, for over the last five or six years there, there are bodies buried that, that you know, that he and I know where... where are, and, and, my, my trust in his, mine in him and his in mine, in me, I am sure are the same."
8. Between May 9, 2007, and September 21, 2007, TIMOTHY R. BALDUCCI had several discussions and conversations with Judge Henry Lackey.
9. On September 21, 2007, TIMOTHY R. BALDUCCI agreed to pay Circuit Judge Henry Lackey $40,000 cash on behalf of RICHARD "DICKIE" SCRUGGS and The Scruggs Law Firm, for an order favorable to RICHARD "DICKIE" SCRUGGS and The Scruggs Law Firm.
10. On September 21, 2007, immediately after meeting with Judge Lackey and agreeing to the $40,000 bribe, TIMOTHY R. BALDUCCI placed a four-minute telephone call to The Scruggs Law Firm and discussed the bribery transaction with SIDNEY A. BACKSTROM.
11. On September 27, 2007, STEVEN A. PATTERSON had a conversation with TIMOTHY R. BALDUCCI discussing the bribe.
12. On September 27, 2007, TIMOTHY R. BALDUCCI delivered $20,000 in cash to Judge Henry Lackey in his chambers in Calhoun County, Mississippi, and upon leaving the courthouse, traveled to The Scruggs Law Firm in Oxford, Mississippi.
13. On September 27, 2007, TIMOTHY R. BALDUCCI and STEVEN A. PATTERSON had a telephone conversation wherein BALDUCCI told PATTERSON, "All is done, all is handled and all is well."
14. On October 18, 2007, STEVEN A. PATTERSON placed a call to TIMOTHY R. BALDUCCI and wanted to know what was going on with the "order." PATTERSON said he talked to SCRUGGS ("DICKIE") about fifteen times and BALDUCCI needed to call SCRUGGS ("DICKIE").
15. On October 18, 2007, TIMOTHY R. BALDUCCI delivered $10,000 in cash to Judge Henry Lackey in his chambers in Calhoun County, Mississippi.
16. On October 18, 2007, RICHARD "DICKIE" SCRUGGS called STEVEN A. PATTERSON and they discussed "Tim" coming to The Scruggs Law Firm when he left Calhoun City. "Tim" was to bring the "order" and put it on RICHARD "DICKIE" SCRUGGS' desk and pick up a "package" from his desk.
17. On or about October 18, 2007, RICHARD "DICKIE" SCRUGGS prepared and caused to be prepared a $40,000 check for TIMOTHY R. BALDUCCI and false documentation as a cover and concealment for reimbursing BALDUCCI for the $40,000 in bribe money.
18. On or about October 18, 2007, TIMOTHY R. BALDUCCI delivered the "order" to DAVID ZACHARY SCRUGGS and picked up the $40,000 check and the false concealment documentation.
19. On or about October 18, 2007, TIMOTHY R. BALDUCCI called SIDNEY A. BACKSTROM and told him that he had delivered a copy of "those papers that we've been waiting on," referring to the order obtained by bribery.
20. On or about November 1, 2007, TIMOTHY R. BALDUCCI delivered $10,000 in cash to Judge Henry Lackey and obtained an amended order favorable to RICHARD "DICKIE " SCRUGGS and The Scruggs Law Finn.
21. On or about November 1, 2007, TIMOTHY R. BALDUCCI discussed the amended order with DAVID ZACHARY SCRUGGS and SIDNEY A. BACKSTROM, stating that "we paid for this ruling; let's be sure it says what we want it to say."
22. On November 1, 2007, TIMOTHY R. BALDUCCI had a discussion with RICHARD "DICKIE" SCRUGGS wherein SCRUGGS agreed to take care of an extra $10,000 payment to the judge and said he would "hire" BALDUCCI to prepare jury instructions in an unrelated case to cover the $10,000 extra to be paid to the judge.
23. On November 5,2007, RICHARD "DICKIE" SCRUGGS caused an e-mail to be sent to TIMOTHY R. BALDUCCI, forwarding part of the false documentation to cover the $10,000 extra to be paid to the judge.
24. On November 5, 2007, TIMOTHY R. BALDUCCI traveled to Oxford and took hand delivery of the $10,000 check and the cover letter and attachments constituting the false documentation meant to conceal and cover up the $10,000 extra to be paid to the judge.
25. On or about November 13, 2007, SIDNEY A. BACKSTROM and TIMOTHY R. BALDUCCI had a telephone conversation wherein they discussed the bribery scheme in return for a ruling in favor of RICHARD "DICKIE" SCRUGGS and The Scruggs Law Firm.
All in violation of Title 18, United States Code, Section 371.
Count Two
1. The allegations contained in paragraphs 1 through 7 preceding Count One of this indictment are realleged and incorporated herein as though they were fully set forth herein.
2. On or about September 27, 2007, in the Northern District of Mississippi, RICHARD "DICKIE" SCRUGGS, DAVID ZACHARY SCRUGGS, SIDNEY A. BACKSTROM, TIMOTHY R. BALDUCCI, and STEVEN A. PATTERSON did knowingly and corruptly give, offer and agree to give something of value to an agent of a state government with the intent to influence and reward the agent in connection with a business transaction, and series of transactions of such state government involving something of value of $5,000 or more, namely, TIMOTHY R. BALDUCCI gave $20,000 in cash to The Honorable Henry L. Lackey, Circuit Court Judge, Third Circuit, State of Mississippi, being an agent of a subdivision of the judicial branch of the state government of Mississippi, which received benefits in excess of $10,000 in any one-year period for each of the years 2006 and 2007, from federal programs involving a grant, contract, subsidy, loan, guarantee, insurance and other forms of federal assistance to influence and reward Henry L. Lackey in connection with the Third Circuit court case styled Jones, et al, v. Scruggs, et al, Civil Action No. L07-135.
All in violation of Section 666(a)(2), and Section 2, Title 18, United States Code.
Count Three
1. The allegations contained in paragraphs 1 through 7 preceding Count One of this indictment are realleged and incorporated herein as though they were fully set forth herein.
2. On or about October 18, 2007, in the Northern District of Mississippi, RICHARD "DICKIE" SCRUGGS, DAVID ZACHARY SCRUGGS, SIDNEY A. BACKSTROM, TIMOTHY R. BALDUCCI, and STEVEN A. PATTERSON did knowingly and corruptly give, offer and agree to give something of value to an agent of a state government with the intent to influence and reward the agent in connection with a business, transaction, and a series of transactions of such state government involving something of value of $5,000 or more, namely, TIMOTHY R. BALDUCCI gave $10,000 in cash to The Honorable Henry L. Lackey, Circuit Court Judge, Third Circuit, State of Mississippi, being an agent of a subdivision of the judicial branch of the state government of Mississippi, which received benefits in excess of $10,000 in any one-year period, from federal programs involving a grant, contract, subsidy, loan, guarantee, insurance and other forms of federal assistance to influence and reward Judge Henry L. Lackey in connection with the Third Circuit court case styled Jones, et al, v. Scruggs. et al, Civil Action No. L07-135.
All in violation of Section 666(a)(2), and Section 2, Title 18, United States Code.
Count Four
1. The allegations contained in paragraphs 1 through 7 preceding Count One of this indictment are realleged and incorporated herein as though they were fully set forth herein.
2. On or about November 1, 2007, in the Northern District of Mississippi and elsewhere, RICHARD "DICKIE" SCRUGGS, DAVID ZACHARY SCRUGGS, SIDNEY A. BACKSTROM, TIMOTHY R. BALDUCCI, and STEVEN A. PATTERSON, did knowingly and corruptly give, offer and agree to give something of value to an agent of a state government with the intent to influence and reward the agent in connection with a business, transaction, and series of transactions of such state government involving something of value of $5,000 or more, namely, TIMOTHY R. BALDUCCI gave $10,000 in cash to The Honorable Henry L. Lackey, Circuit Court Judge, Third Circuit, State of Mississippi, being an agent of a subdivision of the judicial branch of the state government of Mississippi, which received benefits in excess of $10,000 in any one-year period, from federal programs involving a grant, contract, subsidy, loan, guarantee, insurance and other forms of federal assistance to influence and reward Judge Henry
L. Lackey in connection with the Third Circuit court case styled Jones, et al, v. Scruggs. et al, Civil Action No. L07- 135.
All in violation of Section 666(a)(2), and Section 2, Title 18, United States Code.
Count Five
1. The allegations contained in paragraphs 1 -7 preceding Count One of this Indictment are realleged and incorporated herein as though fully set forth herein.
2. From on or about March of 2007 and continuing through November of 2007, in the Northern District of Mississippi, the defendants RICHARD "DICKIE" SCRUGGS, DAVID ZACHARY SCRUGGS, SIDNEY A. BACKSTROM, TIMOTHY R. BALDUCCI and STEVEN
A. PATTERSON devised and intended to devise a scheme and artifice to defraud and to deprive the State of Mississippi of its intangible right to the honest services of The Honorable Henry L. Lackey, Circuit Court Judge, performed free from deceit, bias, self-dealing and concealment.
The Purpose of the Scheme
3. The purpose of the scheme was for the named defendants to attempt to influence Circuit Judge Henry L. Lackey by providing things of value, to-wit, $50,000 in cash, to influence Judge Lackey to sign and enter an order in the civil lawsuit styled Jones, et al. v. Scruggs, et al, Civil Action No. L07-135, favorable to RICHARD "DICKIE" SCRUGGS and The Scruggs Law Firm. It was further part of the scheme that RICHARD "DICKIE" SCRUGGS, aided and abetted by his co-defendants, attempted to cover up, conceal and disguise his involvement and the involvement of the other defendants and The Scruggs Law Firm by falsely creating documents to show that he had hired defendant TIMOTHY R. BALDUCCI to do jury selection work and preparation of jury instructions for an unrelated case, when in truth and fact as he then and there well knew he was reimbursing defendant TIMOTHY R. BALDUCCI for cash bribes paid by BALDUCCI to obtain the favorable ruling from the state circuit court.
Use of the Wires
4. For the purpose of executing and attempting to execute the scheme and artifice to defraud, in the Northern District of Mississippi, defendant RICHARD "DICKIE" SCRUGGS, aided and abetted by the other named co-defendants, did knowingly transmit and cause to be transmitted writings, sounds and signals by means of wire in interstate commerce, that is, on or about May 4, 2007, an e-mail was sent via the internet from The Scruggs Law Firm to TIMOTHY R. BALDUCCI at his law office in New Albany, Mississippi, the e-mail containing a draft order proposing to rule in favor of RICHARD "DICKIE" SCRUGGS and The Scruggs Law Firm, all in violation of Section 1343, 1346 and 2, Title 18, United States Code.
Count Six
1. The allegations contained in paragraphs 1 -7 preceding Count One of this Indictment are realleged and incorporated herein as though fully set forth herein.
2. From on or about March of 2007 and continuing through November of 2007, in the Northern District of Mississippi, the defendants RICHARD "DICKIE" SCRUGGS, DAVID
ZACHARY SCRUGGS, SIDNEY A. BACKSTROM, TIMOTHY R. BALDUCCI and STEVEN
A. PATTERSON devised and intended to devise a scheme and artifice to defraud and to deprive the State of Mississippi of its intangible right to the honest services of Judge Henry L. Lackey, performed free from deceit, bias, self-dealing and concealment.
The Purpose of the Scheme
3. The purpose of the scheme was for the named defendants to attempt to influence Judge Henry L. Lackey by providing things of value, to-wit, $50,000 in cash, to influence Judge Lackey to sign and enter an order in the civil lawsuit styled Jones, et al. v. Scruggs, et al, Civil Action No. L07-135, favorable to RICHARD "DICKIE" SCRUGGS and The Scruggs Law Firm. It was further part of the scheme that RICHARD "DICKIE" SCRUGGS, aided and abetted by his co-defendants, attempted to cover up, conceal and disguise his involvement and the involvement of the other defendants and The Scruggs Law Firm by falsely creating documents to show that he had hired defendant TIMOTHY R. BALDUCCI to do jury selection work and preparation of jury instructions for an unrelated case, when in truth and fact he was reimbursing defendant TIMOTHY R. BALDUCCI for cash bribes paid by BALDUCCI to obtain the favorable ruling from the state circuit court.
Use of the Wires
4. For the purpose of executing and attempting to execute the scheme and artifice to defraud, in the Northern District of Mississippi, defendant RICHARD "DICKIE" SCRUGGS, aided and abetted by the other named co-defendants, did knowingly transmit and cause to be transmitted writings, sounds and signals by means of wire in interstate commerce, that is, on or about November 1, 2007, an e-mail was sent via the internet from The Scruggs Law Firm to TIMOTHY R. BALDUCCI at his law office in New Albany, Mississippi, the e-mail containing material designed to facilitate, conceal and disguise the final $10,000 bribe payment, all in violation of Section 1343, 1346 and 2, Title 18, United States Code.
Thursday, November 29, 2007 C3
Associated Press - November 30, 2007 8:54 AM ET LONG
BEACH, Miss. (AP) - A hurricane expert says Louisiana's levee system
was partly to blame for the magnitude of Hurricane Katrina's storm
surge in Mississippi. Continue here.
NEW ORLEANS (AP) — You're safer. Whoops, you're not. Oh wait, you really are.That summarizes the roller coaster of flood-risk assessments the Army Corps of Engineers has given in the past week to residents of one of the New Orleans communities worst hit by Hurricane Katrina. By Monday, the last thing the people of Lakeview felt was safer. Continue
House overwhelmingly overrides President’s veto of WRDA
By an overwhelming vote of 361–54, the U.S. House of Representatives voted to override the President’s veto of the Water Resources and Development Act (WRDA), legislation that authorizes billions of dollars for Louisiana flood control, hurricane protection, coastal restoration, waterway improvements, and ecosystem rehabilitation projects. On the local level, WRDA provides an authorization of $187 million for flood control projects in East Baton Rouge Parish.
U.S. Rep. Richard Baker, R-Baton Rouge, who serves as the ranking Republican member of the Water Resources subcommittee and served as a lead House negotiator on the House-Senate conference committee that authored WRDA, issued the following statement:
“This is a battle I have waged for 7 years, and on behalf of the citizens of Louisiana I am gratified to have finally won. Louisiana has faced incredible challenges since Hurricanes Katrina and Rita, and today we are making the investments in coastal restoration and hurricane protection that our state so urgently needs. I commend my colleagues in the House for overriding this veto and urge the Senate to schedule a veto override vote very quickly.”
On the authorization of $187 million for flood control projects in East Baton Rouge Between raising the authorization level and changing the cost-share formula, we’re talking about a substantial increased federal investment and savings to the parish of $40 million for projects that mean greater safety for people and property.”
The bill also includes language authored by Baker to allow the Corps, for the first time, to participate with other agencies to assess and seek solutions for the “hypoxia” problem or the “dead zone” in the Gulf of Mexico impacting Louisiana fishing, which recent reports indicate is growing worse. The provision would bring the Corps’ unique expertise in wetlands, specifically nutrient filters that mitigate against hypoxia, and waterways that deliver the nutrients, to bear on a unified plan to deal with hypoxia.
Louisiana and Sixth District area projects in the WRDA bill include:
St. Francisville Drainage: Authorizes the Corps to initiate improvements for flood-prone areas of the town.
False River: Expedites Corps work to address the siltation problem harming this vital Pointe Coupee Parish lake.
Intracoastal Waterway Stream Bank Restoration: Directs the Corps to address severe erosion problems Gulf Intracoastal Waterway near the Bayou Sorrel Lock in Louisiana Coastal Area:Authorizes $1.9 billion for Louisiana’s coast, which represents the largest coastal restoration project in American history.
Morganza to Gulf: Authorizes the $886.7 million project for the area between the Atchafalaya and Mssissippi Rivers from the Morganza Floodway in Pointe Coupee Parish to the Gulf Coast and including the watershed area that makes up most of Acadiana. This project authorizes the Corps to conduct extensive flood and hurricane protection; wetlands, natural resource, wildlife habitat, and ecosystem conservation; and will facilitate recreational, commercial, and outdoor activities.
East Baton Rouge: Expands a 1998 authorization for the Corps’ riverfront work in West Baton Rouge Parish now to include East Baton Rouge Parish and West Feliciana Parish.
University/City Park Lakes: Authorizes the Corps to expedite this dredging and ecosystem restoration project.:
East Baton Rouge Parish Flood Control: Authorizes a new, higher level of $187 million for this important flood control project. The bill language also changes the federal cost share from 65/35 to 75/25. The higher authorization, combined with the cost-share change, will provide a $40 million increase in federal investment and savings to the parish.
Bayou Sorrel Lock: Authorizes the Corps to reconstruct the $100 million lock in Iberville Parish, a critical choke point for the Gulf Intracoastal Waterway
Bayou Plaquemine: Saves the city of Plaquemine $400,000 toward a $2 million project that provides environmental enhancement of Bayou Plaquemine by increasing the level of dissolved oxygen and lowering the temperature of bayou waters, which are currently experiencing habitat degradation.
Watershed Management programs: Provides technical, planning, and design assistance to non-federal interests for carrying out watershed management, restoration, and development projects at the Amite River Basin and East Atchafalaya River.
Flood mitigation priority areas: Provides technical, planning, and design assistance to non-federal interests for carrying out flood mitigation, restoration, and development projects in Ascension, EBR, Iberville, Livingston, and Pointe Coupee parishes. The Corps is authorized to conduct projects that reduce flooding while trying to restore rivers to their natural condition.
EBR, Livingston and Ascension parish wastewater: Increases authorized funding level from $20 million to $35 million.
Plaquemine sanitary, sewer and wastewater infrastructure improvements: Authorizes funding level of $7 million.
Hypoxia: Authorizes the Corps to begin working with federal, state, and other agencies to address the hypoxia situation in the Gullf of Mexico.
For more news about Congressman Baker, please visit www.baker.house.gov
