Posts Tagged ‘court monitors’
Sunday, July 26th, 2009

A former Department of Justice trial attorney resigned from a court monitor position in Detroit after a federal judge confronted her about  “meetings of a personal nature” with Kwame Kilpatrick, the scandal-plagued former mayor of Detroit, the Detroit Free Press reported.

Sheryl Robinson Wood

Sheryl Robinson Wood

Sheryl Robinson Wood, a partner in the Washington and Baltimore offices of Venable LLP, resigned last Thursday. The incident became public on Friday, when U.S. District Judge Julian Abele Cook Jr. issued an order announcing Wood’s resignation. You can read the order here.

Wood was appointed to the court monitor position in 2003 “with the assistance of Kroll, Inc.,” the order says. Wood – who at the time was known as Sheryl L. Robinson — is a former employee of the international risk assessment firm, the Free Press said.

Wood was hired to ensure the Detroit police complied with agreements it signed in 2003 to avert a DOJ Civil Rights Division federal lawsuit over questionable shootings of civilians and other matters. Her team of monitors earned $183,680 a month, the newspaper said.

According to the Free Press, the Department of Justice alerted the judge to the “meetings of a personal nature” with Kilpatrick, who resigned last year after pleading guilty in a complex case involving text messages between him and his chief of staff, with whom the mayor was having an extramarital affair, and with whom he was discussing all kinds of illegal stuff, including their knowledge of “fronts” used in municipal bidding processes and their use of city funds for romantic getaways.

In March 2008 the Detroit City Council passed a non-binding resolution seeking Kilpatrick’s resignation. The only member to vote “no” was Monica Conyers, the wife of House Judiciary Committee Chairman John Conyers, who recently pleaded guilty to accepting bribes and quit the Council.

Wood is a 1987 graduate of Howard University who received her law degree at George Washington University Law School. She is a former trial attorney at Main Justice in the Antitrust and Civil Rights divisions. She also served as deputy director of the DOJ’s Office of Intergovernmental Affairs and Public Liaison.

Read her bio here.


Thursday, June 25th, 2009

New Jersey gubernatorial candidate Chris Christie left the campaign trail Thursday to trade punches with congressional Democrats, who — in a transparently political attempt to bloody the Republican front-runner — called him to testify about lucrative monitoring contracts he awarded while he was the state’s U.S. attorney. And it was punchy.
 

Christie testifies about the selection of Ashcroft

Christie’s testimony before the House Judiciary subcommittee on commercial and administrative law, in which he defended a contract worth up to $52 million to former Attorney General John Ashcroft’s consulting firm, exceeded all expectations, in terms of raw shock factor.

We’ll begin at the end.

After two and a half hours of sparring, Christie up and left the hearing, at 1:30 p.m., as Chairman Steve Cohen (D-Tenn.) shouted in his wake, refusing to excuse him. (Christie had a 2 p.m. train to catch, he said.) Outside the committee room, Christie spared a few seconds to explain to reporters that he and the chairman had previously agreed on his departure time. That’s at least half true – Christie did indeed tell the committee in this letter that he had to leave by 1:30 p.m. It would seem, however, that Cohen didn’t agree to his timetable.

The hearing featured a window-dressing panel of scandalously underused experts, including Hogan & Hartson partner Chuck Rosenberg, the former U.S. attorney for the Eastern District of Virginia; Gary Grindler, Deputy Assistant Attorney General in the Justice Department’s Criminal Division; Eileen Larence, director of homeland security and justice issues at the Government Accountability Office; and Vikramaditya Khanna, a professor at University of Michigan Law School.

But it was all Christie, defending himself, his office, the efficacy of non-prosecution and deferred prosecution agreements, and his Italian-American heritage. Christie’s chief antagonist was Cohen, who called the Ashcroft contract “outrageous.”

“Even if you took steroids and hit 70 home runs, it’s not worth $52 million,” Cohen scoffed.

Um, yeah.

The contracts in question derived from five NPAs and DPAs Christie’s office brokered with manufacturers of hip and knee replacements. During a three-year investigation, Christie’s office uncovered a massive kick-back scheme. Rather than prosecute the firms, which, Christie said, would have led to their demise and the loss of about 47,000 jobs — think Arthur Anderson — the office went the monitor route. Ashcroft and his firm made $28 million to $52 million  in 18 months for monitoring Zimmer Holdings. Cohen accused Christie, who worked under Ashcroft at Main Justice, of steering the contract to his old boss.

“You gave them an offer they couldn’t refuse,” Cohen said, referring to Zimmer.

At this, Christie took great offense.

“First of all, it is an ethnically insensitive comment to an Italian American. Secondly, you were not in the room in this situation,” Christie said. (Cohen, backpedaling, backpedaling, backpedaling, said he was unaware of Christie’s ethnic heritage.)

Christie said the monitors were recommended on merit, and each company had a chance to object after meeting with them. He recalled that representatives of Zimmer, after meeting with Ashcroft, “came back and said, ‘We got the best monitor.’”

Later, the company’s counsel at Fulbright & Jaworski would complain that Ashcroft’s rates were unreasonable. When they appealed to Christie, he shooed them away. ”Take another stab at resolving the substantive issues raised in your email directly with the monitor,” he wrote in one email to Fulbright partner Rick Robinson. (Democratic staffers handed out the email exchanges at the start of the hearing.)

“If a U.S. attorney got inolved in every dispute between monitor and companies their monitor, the U.S. attorney would have no time to do anything else but moderate those disputes,” Christie said, when Cohen raised the issue.

There were other choice moments in the hearing. Although Christie is leading in the polls over Democratic incumbent Gov. Jon Corzine in a high-profile race, Rep. Bill Delahunt (D-Mass.) told Christie that “until today, I did not realize you were a candidate for governor.” 

Sigh.

Delahunt said the Ashcroft contract highlighted the problem of an appearance of a conflict of interest, as much as an actual conflict.

“I’m not suggesting you did anything improper, but appearances are important,” Delahunt said.

A bill pending in the House Judiciary Committee would add a layer of judicial oversight to agreements. The Justice Department opposes the bill on the grounds that it would diminish prosecutorial discretion. Since 1992, DOJ has entered into about 150 DPAs and NPAs. Last year, the department added new guidelines to the U.S. Attorneys’ Manual for entering into DPAs and NPAs, selecting of monitors and ensuring compliance with the agreements.

Click herehere, and here for our previous Christie coverage.

Thursday, June 25th, 2009

Chris Christie stalked out of a House Judiciary subcommittee hearing today after testifying about controversial court-monitoring contracts he awarded when he was the New Jersey U.S. Attorney.  Now the Republican candidate for New Jersey governor, Christie told the subcommittee chairman, Rep. Steven Cohen (D-Tenn.), that he had a 1:30 p.m. train to catch — and had already informed the subcommittee of that fact.

But Cohen would not excuse him. Then the congressman and the gubernatorial candidate started yelling at each other. Christie got up and left.

Read the Star-Ledger report on the hearing here.

View a clip of Christie’s testimony below:

Chris Christie testifies in subcommittee 2

Friday, June 19th, 2009

Former New Jersey U.S. Attorney Chris Christie will testify before the House Judiciary commercial and administrative law subcommittee next week, The Associated Press reported this afternoon.

Chris Christie (gov)

Chris Christie (gov)

Christie, the Republican candidate in the New Jersey governor race, was asked last week to testify at a hearing next Thursday, June 25 about a court monitoring contract worth up to $52 million that his office awarded former Attorney General John Ashcroft.

Read Christie’s letter to House Judiciary Chairman John Conyers (D-Mich.) accepting the invitation to testify here.

We previously reported that the subcommittee hearing was originally scheduled for May, but was delayed when the Christie campaign said it was intended to embarrass him before the June 2 Republican primary.  Christie defeated conservative challenger Steve Lonegan. He is leading in the polls against incumbent Gov. Jon Corzine (D) for the November general election. Democrats consider the lucrative contract Christie’s office gave to Ashcroft’s firm to be one of his biggest political liabilities.

Christie gave a preview to his upcoming testimony during an interview on the Philadelphia Fox affiliate this morning. He said:

“There weren’t any no-bid contracts. What people need to understand is there’s not a dime of taxpayer money spent to bring criminal corporations under control when I was a U.S. Attorney. Not a dime of taxpayer money. All of it paid for by the corporations who committed the crime themselves. I think that’s what people want. No taxpayer money spent, money spent by criminals who have broken the law in order to put things right.”

Monday, May 11th, 2009

Christopher Christie, the Bush-appointed former U.S. Attorney in New Jersey now running for governor, has been asked to testify at a hearing on Capitol Hill about a controversial court-monitoring contract he steered to his former boss, ex-Attorney General John Ashcroft. The May 19 hearing before a House Judiciary subcommittee will take place two weeks before New Jersey’s June 2 GOP primary.

Chris Christie (gov)

Chris Christie (gov)

House Democrats have been investigating the so-called deferred prosecution process under which Ashcroft and other court monitors have been awarded lucrative contracts for some time. But the timing of the hearing reeks of political hardball.

Allies of embattled Democratic incumbent Gov. Jon Corzine are trying to knock Christie out of the race by helping boost the former prosecutor’s more GOP conservative challenger, Steve Lonegan. Christie is considered a serious threat to Corzine, the former Goldman Sachs chairman whose popularity has been battered by the recession.

New Jersey Democratic Reps. Bill Pascrell Jr. and Frank Pallone, who have co-sponsored legislation to reform the deferred prosecution process, will also testify at the May 19 hearing before Judiciary’s commercial and administrative law subcommittee. A Government Accountability Office investigative report on the court-monitoring contracts is expected to be unveiled at or shortly before the hearing.

Ashcroft’s contract to monitor an Indiana medical supply company as part of an out-of-court settlement was worth between $28 and $52 million. The company, Zimmer Holdings, had been under criminal investigation by the Christie-led U.S. Attorney office. The company hired Ashcroft’s consulting firm in 2007 at the direction of Christie to monitor its compliance with the settlement.

At a House Judiciary subcommittee hearing last year, Rep. Linda T. Sanchez (D-Calif.) blasted Ashcroft’s contract as a “back-room sweetheart deal.” 

“There is not a conflict; there is not an appearance of a conflict,” Ashcroft fired back, according to the New York Times account. Christie was asked to appear at the same 2008 hearing but declined, saying he would do so only under direction of the Justice Department.

Christie called the upcoming hearing  ”a concerted Democratic effort to try to affect our primary.” In a conference call with reporters, he added: ”When and if I get some type of formal invitation from the group I’ll consider it in light of my schedule and respond appropriately,”according to the Newark Star-Ledger.

The Star-Ledger reported:

However, a copy of the letter sent to Christie by Judiciary Committee chairman Rep. John Conyers Jr. (D-Michigan) is dated May 5. In the letter, Conyers invites Christie to testify May 19 and to provide the committee with an advance copy of his written testimony.

Christie wouldn’t say whether he would testify if a subpoena was issued, the Star-Ledger added.