Mirror, mirror on the wall server, was it one enterprise office after all?

I started this post before a “glitch” in my computer knocked me off line – but I was thinking at the time about how much more mirrored servers can do that just backup files. Those thoughts, in turn, led me to think about the third floor of the River Birch building and the various entities claiming separate offices there – which reminded me of “association-in-fact enterprises” – something I learned in researching Shows v State Farm, the Katrina RICO case:

Association-in-fact enterprises are probably the most useful and abundant forms of RICO enterprises, but they are also the most difficult to grasp on an analytical level.

Such a group need not have a hierarchical structure or a chain of command; decisions may be made on an ad hoc basis and by any number of methods-by majority vote, consensus, a show of strength, etc. Members of the group need not have fixed roles; different members may perform different roles at different times. The group need not have a name, regular meetings, dues, established rules and regulations, disciplinary procedures, or induction or initiation ceremonies. While the group must function as a continuing unit and remain in existence long enough to pursue a course of conduct, nothing in RICO exempts an enterprise whose associates engage in spurts of activity punctuated by periods of quiescence.

After two days off-line, I might have let this post linger in “drafts” had it not been for the United States’ Motion for Leave to File Reply Memorandum to Petitioners’ Opposition to Government’s Motion for Reconsideration – a pleading  filed today in Heebe-Ward-River Birch v USA. (full motion in Scribd format below the jump)

The petitioners contend that the search warrant signed by the Magistrate in this case “clearly limited the Government’s search to the offices of River Birch.” Rec. Doc. 42, p. 2. However, the search was not limited only to the offices of River Birch. The search warrant and its attachments authorized the search of 2000 Belle Chasse Highway, which contains the office of River Birch Landfill. Rec. Doc. 3-3, pp. 1-2. Attachment B to the search warrant clearly contemplated that documents related to the business and business practices that are found at 2000 Belle Chasse Highway are within the scope of the search warrant and therefore were permissibly seized. Rec. Doc. 3-3, p. 3-4. “The scope of a lawful search is defined by the object of the search and the places in which there is probable cause to believe that it may be found.” Maryland v. Garrison, 480 U.S. 79 (1987). (emphasis added)

[scribd id=49130868 key=key-1g0nrm1fknkqsiw33izi mode=list]

5 thoughts on “Mirror, mirror on the wall server, was it one enterprise office after all?”

  1. Carnac, here is envelope three…..having never seen the question inside will now give the answer……… an envelope pneumatically sealed and kept in a mayonnaise jar under guard on Funk & Wagnall’s porch since noon today………

    Carnac, holding the unopened envelope to his majestic turbin, then says….’A camel, Honorable Councilwoman Lee-Sheeng and River Birch’.

    Carnac then tears open and reads the question to which he has already given the correct answer……..

    Name an animal with a hump, an arrogant grump and a payola dump.

  2. I think we have to be careful not to “mix metaphors” here. We start out with an analysis of the scope and breadth of the Search Warrant, and what it defined could be looked for, and where, and what could be seized. Then we may have an issue over whether the scope of the Warrant was exceeded by those who executed the warrant. If so, we then get to Berrigan’s Order which addressed the return of certain items. Which will lead to identification of the items seized and of the items returned. Then Berrigan has to decide whether her Order regarding the return of illegally seized items was complied with, or whether anyone getting his paycheck from “Uncle Sugar” is in contempt of Berrigan’s Order (at least in her mind). Then, if something was seized illegally, is that and all that flowed from it INADMISSIBLE in evidence at a criminal trial, perhaps precluding a conviction. As for the “association-in-fact-enterprises”, we have here in Louisiana something called “the single business enterprise theory”, which is a civil (as opposed to criminal) concept, which allows the imposition of civil liability in cases where one entity is the alter ego of the other, or in cases where we formerly spoke in terms of “piercing the corporate veil”. To mix metaphors a little “more”, although I am not sure whether the single business enterprise theory has been extended to a criminal context, there is the “crime – fraud exception” to the attorney- client privilege (lawyers can’t conspire with their client to commit crimes and expect that their files will be shielded). However, that could go back to the breadth and scope of the Search Warrant in the first place and whether the warrant was drafted broadly enough to reach into a lawyer’s files. I guess we’ll all learn more about these issues when Berrigan rules. Ashton O’Dwyer a/k/a “The WHITE Henry Glover”.

  3. I would hazard a guess that the ‘ unspecific ‘ subpoenas issued this past week to the Jefferson Parish Councilmembers will result in Grand Jury testimony and a clearer picture of where the federal investigation in headed.
    Possible Topics:
    Post-Katrina Debris Clean-up payments made to Hubbard by Jefferson Parish ( mis-use of federal funds)
    Nova Scotia properties owned and operated by Broussard ( wire fraud )
    Payroll fraud and the two aforementioned items ( conspiracy)

    NOTE: This is a very partial list of possible topics.

  4. and finally as I stated on the Qui Tam blog:
    The govt may want to demand all responses be sent electronically with METADATA intact…if they are getting info from Jefferson Parish…and if they are not mirroring the computers and/or getting the harddrives…
    I would think the River Birch documents went back and forth between Peter Butler Jr and Freddie Heebe and Michael Peytavin and Tom Wilkinson and Tim Whitmer several times…probably will show some ‘surprise’ participants in the enterprise ( criminal or otherwise). Also Wilkinson’s private office computer and that of Hinyub and Jennifer Sneed probably have interesting RB info on them as well…remember Hinyub had/has office space in Wilkinson’s private office in Gretna and Hinyub was an Assistant Parish Attorney before moving to Sneed’s Council office.
    Just saying…

  5. Nowdy, your referencing these two distinct themes, “association-in-fact” and “mirroring of computers” has prompted me to bring up the subject of the nefarious conduct by, yet under the radar IT consultants for JP, BBEC:

    Name Type City Status
    BAROWKA AND BONURA ENGINEERS AND CONSULTANTS, L.L.C. Limited Liability Company METAIRIE Active

    Business: BAROWKA AND BONURA ENGINEERS AND CONSULTANTS, L.L.C.
    Charter Number: 34555613 K
    Registration Date: 3/18/1997
    Domicile Address
    209 CANAL ST.
    METAIRIE, LA 70005
    Mailing Address
    209 CANAL ST.
    METAIRIE, LA 70005
    Status
    Status: Active
    Annual Report Status: In Good Standing
    File Date: 3/18/1997
    Last Report Filed: 3/10/2010
    Type: Limited Liability Company

    Registered Agent(s)
    Agent: TONY L. BONURA
    Address 1: 4528 DAVID DR.
    City, State, Zip: KENNER, LA 70065
    Appointment Date: 3/18/1997

    Officer(s) Additional Officers: No
    Officer: WALTER R. BAROWKA
    Title: Member
    Address 1: 39331 FOREST HILL DR.
    City, State, Zip: FRANKLINTON, LA 70438
    Officer: TONY L. BONURA
    Title: Member
    Address 1: 4528 DAVID DRIVE
    City, State, Zip: KENNER, LA 70065
    Officer: JEFFREY BONURA
    Title: Member
    Address 1: 20 CHATEAU DEJARDIN DR.
    City, State, Zip: KENNER, LA 70065

    Mergers (1)
    Filed Date Effective Date: Type Charter# Charter Name Role
    5/8/1997 5/8/1997 MERGE 34555613K BAROWKA AND BONURA ENGINEERS AND CONSULTANTS, L.L.C. SURVIVOR
    34453530J BAROWKA AND BONURA INTEGRATORS NON-SURVIVOR

    Jefferson Parish got tagged with these incompetents by none other than the mastermind of almost everything corrupt in JP being uncovered today, former playground Yenni ass-wipe, TIM COULON. Yes the same Tim “good government hypocrite” Coulon, who as Parish President is responsible for giving us TIM WHITMER, TOM WILKINSON, NANCY CASSAGNE and a host of other retirement junkies that included friends of his son, CHRIS COULON, a wannabe hustler similar to Dutchy Connick. The Coulons, pimps for Adams & Reese; insurance scammers and truck stop gambling schemers with Whitmer. And let’s not forget that Tim Coulon was the one person contacted by Whitmer on behalf of Hubbard concerning Hubbard’s case being allotted in US Judge Jay Zainey’s division; Coulon, who is joined at the hips with Zainey, is the ‘go to guy’ to possibly influence a Federal Judge, whose e-mail reply to Whitmer was, “…call me (Coulon) on a land line”. And we all can surmise what that meant !

    The hiring of BBEC was at the urging of Coulon; BBEC has since and continually, contributed TENS OF THOUSANDS of DOLLARS across the board to all Council members and Parish President(s) Coulon, Broussard and now Young. The occupancy of BBEC on the 9th floor of the Yenni Building has expanded to include almost all of the entire floor, and at no cost to them for either space or furnishings or expenses, ie electricity.

    So what kind of stuff do they do ? Well stuff like ASSOCIATING with former JP CAO Deano Bonano, facilitating his illegal altering of computer records and MIRRORING of employee computers for falsifying the kind of use an employee did in fact not engage in.

    And that’s where matter AMV is brought to the forefront. Even as the FBI were at the Yenni building on a daily basis from October thru December while AMV was charged with the responsibility of complying not only with PRR filings from both the public and the media, but in addition to, compiling material to comply with Federal supeona requests, we find two BBEC employees attempting to either hijack or hack into her computer while she was absent from her desk. Both were taken away by the FBI and questioned as to why they were there; who sent them; and what were they ordered to do. One of the individuals involved is Robert Hew, both a supervisor for BBEC and relative of Council person Lee-Sheng. Hmmmmmmmm!

    We all know by now that the five (5) inches of “ample evidence” of AMV’s alleged blogging that TheRiot so proudly displayed and alluded to on the TV was falsified; fraudulent “ample evidence” served as the basis of an unlawful suspension of her employment and public slander of her personal and professional character.

    It is my understanding that Ms Vandenweghe continued to have ‘computer problems’ up and to the day she was unlawfully fired…and although BBEC will be a factor in AMV’s Federal lawsuit…BBEC is still there, as well as Hew, being paid millions in fees…and for WHAT ? CAMPAIGN CONTRIBUTIONS …the quid pro quo routine practiced not only by BBEC but all most every contractor and consultant that does business with Jefferson Parish regardless of any Federal Investigation.

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