To a magical time back in 2001 when a court case involving then State Senator Jon Johnson had wound its way to the Louisiana 4th Circuit Court of Appeals:
On 13 May 1998, the trial court dismissed for failure to state a cause of action the petition1 for preliminary and permanent injunction filed by Dwayne Smith, Wilson Morton, et al against John D. Johnson, Dianne Dumas, et al, arising out of a dispute as to the identity of the board of directors of the Ninth Ward Housing Development Corporation (NWHDC). The trial court noted in its reasons for judgment that petitioners’ proper remedy was a writ of quo warranto or of mandamus. There is no indication that this judgment was appealed.
NWHDC and two of its purported officers and directors, Smith and Morton, on 7 July 1998 filed a petition for writ of quo warranto by ordinary proceedings, bearing # 98-11785 on the docket of Civil District Court for Orleans Parish. NWHDC, Smith and Morton contend that Smith and Morton are the only duly elected directors of NWHDC and seek a declaration that the following have no legal right to the directorships nor offices in NWHDC claimed by them: Jon D. Johnson, Dianne Dumas, James Johnson, Richard Caiton, Claude Mitchell, Lester Mornay and Charles LePage. The record does not contain a request for or return of service on any of the defendants.
On 24 August 1998, Caiton, individually and as an officer and director of NWHDC filed a petition for writ of quo warranto against Smith and Morton, seeking a declaration that Smith and Morton have no legal rights to the offices they claim in NWHDC. This case bears # 98-14858 on the docket of Civil District Court for Orleans parish. Caiton requested service on Smith and Morton through Smith, as counsel of record in # 98-11785. A Sheriffs return in the record shows personal service on Smith on 16 September 1998.
Although there is no evidence that he or any of his co-defendants were served, Caiton answered the petition in # 98-11785 on 25 August 1998. On 27 August 1998, Caiton filed a motion and order for security for costs. At some time between August and 15 October 1998, the two cases were consolidated. Smith and Morton obtained a continuance of a hearing set in the consolidated cases. The trial court heard testimony on 10, 12, 17 and 18 November 1998 and rendered judgment in favor of Smith and Morton on 23 December 1998.
Indeed Smith won at the CDC and one can only imagine the alphabet soup of competing political interest at play there. My non legal read is it appears there was fight as to who got to run Johnson’s conprofit and I picture this case as a prime example of the “ethical questions” Johnson faced back during the turn of the millenium cited in the media coverage surrounding his recent guilty plea.
You have to be hard core to slog through the entire pleading so I’ll shortcut the outcome of Johnson’s appeal as he won:
From that judgment, Caiton and NWHDC appeal. We sever the cases, reverse the judgment in # 98-14858 and remand # 98-11785.
The case summary though is worth the slog as there were plenty of partial board minutes with nothing definitive submitted as evidence. You get the feeling Johnson was running the whole deal though he appears to have purposely not listed himself anywhere and his soon to be former CPA Asif Gafur is even mentioned. The case was funny because no one seems to remember anything except a few of the secretaries.
Speaking of Gafur, it looks like when he was not helping Jon Johnson with his conprofit, the Ninth Ward Housing Development Corp, he was auditing others as I was sent this link by a reader to a portion of the 1997 audit of the Southern Community Development Corporation thus the circle remains unbroken.
Finally speaking of this general topic and reader links, this one to the Louisiana Secretary of State’s database on the New Orleans Housing Rehabilitation and Restoration Corporation shows many a local pol made their pet nonprofit a family affair.
sop
Wake up black voters and honest black politicians of Louisiana as you need to help vacate all these political community rehabbing,so-called charity minded, thieves . How many more Jefferson,Gill Pratt and Johnson charity self-serving stories are needed. Your entitlements are being stolen by your own brothers, all the while you demand more from the government.
And just where, oh where are the Jesse Jacksons, the Rainbow Coalition, the religious Reverends, the Wade Rathkes and NAACP leaders to take it to the street on soapboxes,to ostracize, condemn and lead the prosecution of these politico parasites of the downtrodden poor.
Oh shame on me, I forgot the thieves are of the same race as their victims and not” Honkies” or “Crackers” so their actions are forgivable, not to be mentioned and are to be voted back into power again and again based solely on the color of their minority skin. Or appointed to power by certain black-block- vote seeking white politico whores who desire the endorsement of black political organizations.
This double standard racism is a serious,prejudicial sickness that blames everything from lack of opportunity to lack of education on the working,tax paying white middle class and not on their own personal failings or that of their own political representatives.
Lives, futures and political power all wasted on the prejudicial, perennial Racial Blame Game. Its a bad game with no winners, just losers of all colors.
You called?
Your timing is impeccable Matzerath.
Breaking the old cognative biases is a tough nut but we’re getting there.
sop
Lockemuptight, your stereotype that the only con-profiteers are only african-american members of society is naive and uninformed. These Con-profiteers operate con-profits throughout the State of Louisiana many of which you haven’t heard of before. Have you vetted the Algiers Development Corporation?
The Algiers Development Corporation’s officers are Sheila Green Mc Corkle, Paul Trotter and Tom Arnold.
None of the above are legislators in Louisiana. Does anyone know if any of the above officers hold or are related to any white politicians holding elected office on the local or state level.
If so, please elaborate and give any details on the non-profit organization.
Lockemup ,
When it all comes down too it, the corner stones of honesty and integrity are sound reasoning for ones judgment and accountability to ones actions. I see as many white politicians lacking the same qualities as any others as well white voters that go to the polls voting on name recognition only or by party lines rather than quality of character .
We all need to wake up and take the same advise, do your vetting don’t wait to the last minute, look at a persons record and most of all don’t think an incumbent is better , in short vote with intelligence but do vote other wise don’t complain .
Tom and Wade Rathke: The context of my comment was specifically on con-profit thieves that steal money strictly intended for the poor of their own race and their repeated re-election or appointment to power by corrupt white political cronies looking only for their appointees’ vote power.
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If there are white elected public con-profit thieves stealing or diverting money from the welfare of poor whites out there in Louisiana please comment on their existence, their chronic re-election or appointment and I will certainly chastise them also.
Mr. Rathke I’m surprised but rather glad that you responded finally to your name so maybe you can contribute here about how your white brother, as a fiduciary office, embezzled 1 MILLION dollars from ACORN ( then a federally funded organization for the welfare of blacks), and avoided indictment and prosecution.
Please don’t take my remarks as not agreeing with you Lockemup I just wanted to add to them. We all have responsibility in how we vote .
Stealing from a non profit is a low life thing to do greed is human nature in the cases of the politicians that your are pointing out there is also a connection on funding requirements that the money to be used for bettering the lives of the poor who in Southern Louisiana are largely minorities, so obviously minority politicians would have more access to funding.
But let’s put the blame in perspective it would not happen or be severely limited if there was proper oversight by the grantor who regardless of scandal after scandal seems all to willing to throw good money after bad to the point the DOJ doesn’t have the funding themselves to investigate or prosecute all the cases .
Any reply statment Mr. Rathke ?