“Merry Christmas” Grady – FBI agent Hal Neilson files suit against authors of “The Kings of Tort”

The prosecutors, who had concealed the investigation carefully, felt it would be important to go public with a post-indictment press conference to maintain an advantage in the running narrative…At the press conference, U.S. Attorney Jim Greenlee elaborated on a few details of the case…

One of those attending the press conference was not a reporter at all, but Scruggs’s adversary Grady Tollison, who listened with satisfaction as the prosecutors tightened their grip on Scruggs.  At one point, Dawson, the lead prosecutor, leaned toward Tollison and whispered, “Merry Christmas“. (Page 243, Fall of the House of Zeus)

This past Wednesday, SLABBED reported Patsy Brumfield’s breaking news NEMS360 reports a Merry Christmas for FBI Agent Hal Neilson and followed with the update It’s Official – Government files Motion to Dismiss case against FBI Agent Hal Neilson.

“Not a creature was stirring, not even a mouse” until Neilson filled in for Santa and filed suit against Grady’s buddy Tom Dawson – Neilson sues Dawson, Lange, ‘Tort’ publisher for alleged lies in book..

Specifically, the book claims that Plaintiff Neilson was untrustworthy and Defendant Dawson, in agreement with two co-conspirators Jim Greenlee and John Hailman, conspired to have Neilson removed from an important case because of his untrustworthiness.

This “important case” was the Government’s case against Dick Scruggs that eventually became know as not one but two – Scruggs I (USA v Scruggs) and Scruggs II (USA v Delaughter).

Not even Santa could make up what’s likely to turn up during the discovery phase of Neilson v Dawson! Continue reading ““Merry Christmas” Grady – FBI agent Hal Neilson files suit against authors of “The Kings of Tort””

A little home cookin’ – FBI Agent on trial in (where else but) north Mississippi!

Although I’ve faithfully followed the NEMS360.com coverage from the indictment of retired FBI Agent Hal Neilson through what is now the sixth day of his trial, you wouldn’t know it by reading SLABBED – not for lack of intent but lack of time.

Neilson first caught my eye in the Kings of Torts.  Patsy Brumfield’s story for NEMS360,  Indicted agent’s history shows feud with U.S. Attorney’s office, makes reference to the mention:

Neilson also reportedly raised ethics questions about former assistant U.S. Attorney Thomas Dawson’s participation in a book about the office’s investigation and prosecution of then-Oxford attorney Richard “Dickie” Scruggs, who was sentenced to prison on two guilty pleas related to judicial bribery indictments.

Before the book was released several weeks ago, a DOJ spokesman said Dawson had retired before he worked on it. Tension between Neilson and the U.S. Attorney’s Office first became public when it was mentioned in the book, although reasons for the problems were not given.

Neilson is also mentioned in Curtis Wilkie’s Fall of the House of Zeus

A serious schism had developed between the U. S. Attorney’s Office and the local FBI that threatened their ability to work together…In a confidential report drafted in September 2004 by Hal Neilson, the supervisory resident agent of the Oxford office, and endorsed by four of his agents, the U.S. Attorney’s Office in Oxford was accused of deceit and excessive zeal…In the meantime, the U.S. Attorney’s Office opened its own investigation of Neilson…Determined to keep the Oxford FBI in the dark in the Scruggs case, Greenlee, Hailman and Dawson drove to Jackson to meet secretly with the state supervisor of the FBI.  The Jackson FBI detailed Bill Delaney and agent who had already been working on a criminal case in North Mississippi…so it was thought no one would suspect a thing. (pages 154-155) 

These facts, in familiar legal lingo, are uncontested – and the names are familiar, too:  Greenlee, the U.S. attorney who authorized the indictment of Dick Scruggs; John Hailman, the AUSA who Judge Lackey went to with his concerns about Balducci’s offer of a future association with his firm;  Bill Delaney, the agent who intercepted Balducci as he started his trip home following his delivery of the second $20,000 payment to Judge Lackey; and Tom Dawson, the lead prosecutor in the Scruggs case after Hailman’s retirement – and, the co-author of the Kings of Torts.

Not so familiar, however, is the important role FBI reports played in Scruggs I and Scruggs II and appear to be playing in the Neilson case.  As we continue with NEMS360 reports on the indictment and trial of Hal Neilson, keep in mind that an FBI report, unlike an FBI transcript, has no backup recording as documentation.  Continue reading “A little home cookin’ – FBI Agent on trial in (where else but) north Mississippi!”

Curtis Wilke: author of “Zeus” – and a man with many friends

The author is a friend of scruggs: No? How does that play out in the book?

Russell asked and I promised to answer.  Truth is that Wilke answers Russell’s first question in a two-page “Author’s Note” at the end of the book acknowledging his friends :

Dick Scruggs is my friend.

So are many other characters with roles on all sides of the political, civil and criminal conflicts in this book.

Wilke is a highly regarded professional journalist whose fidelity to the ethical standard of unbiased reporting, in my opinion, is only questioned by those who want him to tell the story the way they see it.  Russell’s questions are a different matter.  He simply wants to know such things as Wilke counts both Dick Scruggs and John Hailman among those he lists as his friends:

John Hailman, who triggered the investigation against Scruggs, shared an office suit with me…after he retired from the U.S. Attorney’s office.

Russell also asked how Wilke’s friendship with Scruggs played out in the book – and that I answer by pointing out the evidence of balance, not bias, in a 30-page, chapter-by-chapter of listing of Wilke’s sources. He interviewed Dick Scruggs but he also interviewed a host of others with a different perspective including Charles Merkel, Grady Tollison, Joey Langston, John Hailman,  U.S.Attorney Jim Greenlee.  Wilke even interviewed Tom Dawson, the federal prosecutor who later co-authored “the other book”, Kings of Tort.

In the end, the book played out just like the story – and, at last, some of Oxford’s dirty little secrets are out.

Absolutely amazing – What you can learn reading Wilkie’s “Fall of the House of Zeus”

In an interview with Tupelo journalist Patsy Brumfield appearing on Sunday’s NEMS360.com, “Zeus” author Curtis Wilke said,

“There were any number of subplots in the book that could be developed into bigger stories. I chose to concentrate on the Johnny Jones suit and the approach to Judge Lackey in order to keep a strong focus on one case. So Scruggs II, as the prosecutors called it, the case that sent Bobby DeLaughter to prison, does not get a full treatment in “Zeus.”

Wilke’s snapshot of Scruggs II, however, is more than sufficient for readers to see the big picture of the case and the influence it had on the outcome of Scruggs I.  A pretty picture it is not but it confirmed what had previously been rumored:  the legal team  representing Scruggs, Scruggs and Backstrom held a “mini-mock trial…to evaluate the strength of the prosecution’s case” – an exercise described on pages 293-294 as producing “unhappy results”:

“the defense…[of the charges related to the bribery of Judge Lackey]…had been overwhelmed  by the introduction of the second case….[the alleged bribery of Judge DeLaughter]…and the suggestion that Scruggs had a history of bribing judges.” (pg. 294)

Allegations of the bribery of Judge DeLaughter first surfaced in the Grand Jury testimony of Tim Balducci:

“Balducci’s information not only imperiled Langston and Peters, it exposed Scruggs to a second charge of bribing a judge.  This opened the door for the government to use the 404(b) provision to show that Scruggs had a predilection for criminal behavior.” (page 264)

However, during a hearing on the Scruggs motion to dismisss Scruggs I charges against Scruggs, Scruggs and Backstrom, attorney John Keker had a brief opportunity to cross-examine Balducci and “pounced on inconsistencies”: Continue reading “Absolutely amazing – What you can learn reading Wilkie’s “Fall of the House of Zeus””