Wednesday, April 05, 2006

"Who do you know?"


David Kocieniewski, in "Report Finds Patronage Rife At a University," in The New York Times, April 4, 2006, at p. B1, states:

"Patronage hiring was so pervasive at New Jersey's state medical school that job applications were marked with a numeral indicating the potency of the applicant's political connections, according to a report released on Monday by a federal monitor."

Many citizens "have reason to believe" that the same system of political and other biases exists in the state's courtrooms. It is simply not the same experience for a politically connected lawyer walking into a New Jersey courtroom as it is for, say, a solo practitioner, who is challenging the system or wants no part of the political clubhouse.

Judges in New Jersey Superior Court are usually (almost always) products of the same politically connected firms from which those influential lawyers, mostly representing banks and insurance companies, slither out every morning. Thus, judges will be inclined to "take care" of former(?) colleagues. "What do you need, Joe?"

When a judge greets your adversary by his -- and it is usually "his" -- first name and mentions a recent golf outing, you should worry about your chances of winning your motion, whatever the law and facts happen to be. None of this is spoken, or even hinted at, by lawyers. They usually can't say these things. "Remember, you'll see that judge again." Yet everyone knows what's going on.

"While political appointees had received favorable treatment at the school for decades, the report says, the practice became so ingrained by late 2004 that it had evolved into a formal ranking system."

"Candidates who were recommended by then-United States Representative Robert Menendez, State Senator Raymond Lesniak or a handful of others received the highest ranking: 1."

"Those referred by less powerful officials, like members of the medical system's board, would receive a 2 or 3."

This revelation -- which does not come as a shock to anyone who has experienced life in the aromatic neighborhoods of the Garden State -- makes explicit a system of "favors" which transforms power and law into something that really happens in dirty backrooms, filled with smoke, from which the public and litigants are mostly excluded. (See "Psychological Torture in the American Legal System" at Critical Vision.)

Secrecy is the enemy of freedom and always undermines legality. A system of secrecy is preserved only through intimidation and social pressure in the legal profession or government, "legitimated" by token minority group members used as frontpersons for a corrupt system. I refuse to play that role. Such a system is designed to teach a single lesson: "You gotta go along to get along." It will work until that day when you decide not to "get along." If you are a young lawyer or police officer in New Jersey, make today the day when you decide "not to get along." Don't do anything other than the right thing because it's the right thing.

"The document is a kind of Rosetta Stone of New Jersey politics, offering a vivid glimpse into a way of doing business ['it's nothing personal'] that is widely assumed but rarely confirmed."

"But the report also details a broad range of financial irregularities that it said plague the university, including influence-peddling, abuse of expense accounts, and sweetheart deals to steer contracts to politically powerful vendors."

Those "politically powerful vendors" will then (probably) kickback some of the loot to their political patrons, right before they are appointed to serve on an ethics committee. Eventually, those "vendors" may also become elected officials or judges. It must be a comfort to the citizens of New Jersey, at a time when the "gimmicks" (Gov. Jon S. Corzine's term) of the past have resulted in the disappearance of millions -- or even billions -- of public dollars, to provide oil paintings of judges at public expense, as schools in poor districts are asked to make sacrifices.

Yes, I know that I am making myself a target for reprisals and that most people in the system are intimidated. It is possible that I will experience an "unfortunate accident" after saying this. The fawning acquiescence in oppression by some minority and other attorneys concerned for their prospects is understandable, if sickening. Somebody has to say these things, however, and I am well beyond being intimidated at this point in my life.

Not surprisingly, I have experienced great difficulties in accessing this blog today, changing my password several times to do so. I fully expect more such difficulties in the days and weeks ahead. I can not think of a better confirmation of what I am saying here about the need to remove the thugs who now control so much of New Jersey government than these sophomoric antics and harassment.

It is impossible to respect any person or institution -- especially a tribunal -- capable of remaining indifferent (at best) to the continuing violation of any human being's rights, especially the right to freedom of expression, while hypocritically invoking the same Constitution, which is betrayed by judges and justices on a daily basis, to judge the actions of others. How can you wear those robes?

"Last week ... a final draft of the report was given to the United States Attorney Christopher J. Christie [ -- who must be the busiest federal prosecutor in the country. Mr. Christie, who has already earned a place in heaven,] ... said he may prosecute some school employees for abusing taxpayer funds, two high-level officials of the school resigned: one an administrator who is accused in the report of using an expense account to pay for personal travel, the other Dean of the School of Osteopathic Medicine, whom the report accused of misallocating tens of thousands of dollars for personal gain."

There is more.

"University officials dole out HUNDREDS OF MILLIONS OF DOLLARS in no-bid contracts each year, and the monitor is still investigating reports that millions went to firms that were POLITICALLY CONNECTED, had questionable qualifications and -- in some cases -- DO NOT APPEAR TO HAVE PERFORMED ANY TANGIBLE WORK."

Mysteriously, these law firms that do no work for their huge fees, paid for with public funds -- and not because they are prevented from doing it through license suspensions -- or that bill hundreds of thousands of dollars (allegedly) for copying a file, do not concern the Office of Attorney Ethics (OAE), which likes to concentrate on apolitical solo practioners, preferably those with few resources. As they probably whisper with a smile in Trenton, "What the hell, it's only our old law firm. After all, aren't they taking us all out to lunch later? Who cares if they overbill?" Ethics?

Ronald Smothers reports in "Group Sues Over Security Records," The New York Times, May 5, 2006, at p. B4: "The American Civil Liberties Union's New Jersey office filed a public records law suit yesterday to discover how municipalities determined potential political threats in their applications for federal Homeland Security grants. The A.C.L.U. wants to know whether anyone was singled out because of legitimate political activity. The group also accuses former Attorney General Peter C. Harvey of misleading them in his response to an earlier law suit seeking the information. ..."

Hey, isn't "misleading" an adversary in sworn pleadings a violation of attorney ethics rules? How come the OAE doesn't care about this? Would they ever do something about such misconduct on the part of politically connected attorneys without public pressure? Probably not.

Who is being selected for secret harassment in New Jersey? Legal professionals who "don't play ball" with the powers that be? Is there a secret "enemies of the boys downtown list"? Who is secretly selecting "enemies" to be "monitored"? What is the role of "therapists" in these "operations"? I bet you the "enemies" will turn out to be minority attorneys challenging the system.

Surprise, surprise ... "Karen Golding, 36, the former state lobbyist and campaign aide to Gov. Jon S. Corzine who was charged with stalking Joseph Cryan, ..." will not be prosecuted by being admitted to a Pretrial Intervention Program (PTI), which will have the effect of keeping the truth in this case, whatever it may be, out of the public record." John Holl, "Trenton: Lobbyist Will Not be Prosecuted," The New York Times, May 5, 2006, at p. B4. (This will ensure that the public will never know what was really going on in this little episode of possible political spying.)

According to John Inglesino, Esq., an attorney working with federal monitor and former federal judge, Herbert Stern, Esq.: "The auditing and compliance were grossly deficient, and that aided in creating an environment where U.M.D.N.J. has been used as a political patronage machine."

Get this:

"The most pointed findings in the 80 page report concern the use of the school and its $1.6 billion budget as a 'vehicle of patronage and favor-peddling.' ..."

The report suggests to many readers that an "unholy alliance" existed (or exists?) among psychologists, mental health facilities as well as official and unofficial political-criminal power structures in New Jersey. Psychologists play "Igor" to the politicians' "Dr. Frankenstein," probably even providing torture services for a small fee. Of course, this is only speculation -- at this point -- but continue to check this blog (assuming viruses and other attempts to silence me fail!) for more revelations in the days and weeks ahead, based on news accounts:

"... investigators found evidence that the school's mental health clinic may have inflated costs and received as much as $70 million in unwarranted reimbursement from the state and federal government." (See "Tuchin, Riccioli and New Jersey's Agency of Torture" and "An Open Letter to My Torturers.")

How come no one noticed anything "amiss" for years in New Jersey law enforcement? Well, intelligence had a way of leaking out or getting to politicians ahead of time, so Governor Corzine (who will also make it to heaven, where he will sell tax-deferred bonds) has sought to remedy the problem by creating a Homeland Security Czar (HSC) with real power. Whoever is appointed to that position has my sympathy and should expect to put in a little overtime. Wisely, Mr. Corzine has selected a person for that position without ties to the criminal-political organization that has secretly "run" things in New Jersey for decades, by claiming an affiliation with the Democrats. This may be a moment of truth for New Jersey Democrats. Where do they stand? With the political machines and the boys in the smoke-filled rooms? Or with the advocates of much-needed reforms that will benefit the people of New Jersey?

"Corzine created the $141, 000-a-year post in the wake of an acrimonious turf war between state police and the Office of Counter-Terrorism over control of New Jersey's anti-terrorism efforts. Corzine signed an executive Order designed to put an end to lingering jurisdictional disputes." See Michael Maddux, "Corzine Names Homeland Security Czar," March 17, 2006, North Jersey.com http://www.begen.com/print.php

A follow-up piece by David Kocieniewski is pretty blunt, "New Jersey Medical School Gives Blatant Lesson in Spoils System," The New York Times, April 5, 2006, at p. B1:

"... Ross Baker, a political science professor at Rutgers, said that even in New Jersey's checkered political history, it was shocking to find that government officials had 'taken an institution of higher learning, and a source of health care for thousands of people, and filled it with hacks.' "

Finally,

"When asked whether the current investigation would provide the school with lasting insulation from political influence, Mr. Baker replied: 'I'm always hopeful. But I always end up disappointed.' "

Guess what just happened at U.M.D.N.J.?

"Computer hackers gained access to the social security numbers and other confidential financial information of almost 2000 students and alumni of the University of Medicine and Dentistry of New Jersey, university officials say. The breach first reported by the Star Ledger yesterday, was discovered on February 24, although university officials did not say when the hacking occurred. ... the information included aid and loan data for about 700 students and 1,150 alumni." The New York Times, April 10, 2006, at p. B4.

If federal officials come to the door asking for financial information to prove that students, who were allegedly receiving financial aid, actually got the money they were due based on paperwork -- as opposed to having that money go in someone else's pocket -- it may now be impossible to "verify" all records. These are very convenient "hackers." I wonder what other records "disappeared" and why it took two months for the university to mention this strange theft of financial information.


In a follow-up piece by David Kocieniewski, "Medical School Chief Starts With Triage for Its Image," The New York Times, April 23, 2006, at METRO Section, N p. 36, the new President of U.N.M.D.N.J. seemingly acknowledges that: "Medicaid fraud might actually have involved $70 million. Since that money would have to be repaid, [guess who gets to pay it back?] it could mean that the school will face a budget crisis along with its legal, organizational and public relations problem."

In New Jersey, politicians not only "misappropriate" (is that kind of like stealing?) public money, apparently, but they get the public to reimburse the institutions they took it from, probably so they can "misappropriate" it again. That's what I call "moxy," among other things. Not one of these crooks is going to prison for stealing millions, but an African-American teenager who is arrested for joy riding -- who is in possession of one marijuana cigarette -- will be sent to jail and his life will be affected forever. This is true even when the kid "does not inhale."

I urge New Jersey's current elected or former officials and judges -- especially those who happen to be Catholics, but who have not attended confession in a while -- to think of your sins and pray, since the feds seem to be pretty serious this time about rounding up the usual suspects. If you live in New Jersey and wish to see this disgusting corruption and hypocrisy finally halted and punished, then please provide any assistance that you can to FEDERAL authorities investigating political and legal corruption in your state.

The bad guys are FINALLY on the run.











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