As in days of old, Alyssa Schnugg and the Oxford Eagle invite folo to print their story before it hits their own website. Thank you very much, Alyssa and Eagle.
Zach Scruggs pleads guilty to lesser charge
Last of five defendants in judicial bribery scandal admits guilt
By Alyssa Schnugg
Staff Writer
The last of the quintet charged with attempting to bribe Lafayette County Circuit Court Judge Henry Lackey pleaded guilty this morning to a lesser charge.
Zach Scruggs, 33, pleaded guilty to having knowledge of a felony and failing to alert authorities in front of U.S. District Court Senior Judge Neal Biggers Jr. at the Federal Courthouse in Oxford.
The charge, technically called "misprision of a felony " is a felony charge and carries a possible sentence of three years in prison and a $250,000 fine. He also faces disbarment.
The government needed to prove four factors: that a felony had occurred; that Scruggs had knowledge of said felony; that he failed to notify the authorities of said felony; and that he committed an act of conspiracy to conceal the crime.
Scruggs was indicted in November, along with his father, Richard "Dickie " Scruggs, law partner Sidney Backstrom, New Albany attorney Timothy Balducci, and his non-attorney associate and former state auditor Steve Patterson, for attempting to bribe Circuit Court Judge Henry Lackey with $40,000 for a favorable ruling in a lawsuit against the elder Scruggs, involving a dispute over attorney fees from Hurricane Katrina-related cases.
All but Zach had pleaded guilty and were awaiting sentencing. Zach’s plea came during what was supposed to be only a pre-trial hearing this morning. Earlier this week, Zach "lawyered up " by adding several more attorneys to his team — including former Attorney General Mike Moore, who was present today with Zach in court. Courthouse observers took this move as a strong statement the junior Scruggs intended to go to trial.
It’s not known why Zach decided to change his plea this morning.
Another bit of a surprise was the government recommending only probation for Zach, although the ultimate decision will come from Biggers, who could sentence Zach to up to three years in prison. Biggers said the sentencing hearing will be sometime between six and eight weeks.
U.S. Assistant Attorney David Sanders also announced the government agrees not to charge Zach with any other offenses arising from — or relating to — this case, including the open investigation into the alleged corrupt influencing of Hinds County Judge Bobby DeLaughter. Former attorney Joey Langston has pleaded guilty in the case and has said in testimony that the Scruggses were part of the conspiracy. But this morning, the government told Biggers they had no knowledge that Zach was privy to any additional information of any other felonies.
After Biggers accepted Zach’s change of plea, Zach addressed the court, denying he ever intended, nor conspired, to bribe Judge Lackey but admitting he knew that Balducci was using his personal relationship with Lackey to gain the favorable ruling and that he should have tried to stop it.
"As a member of the court, I had a duty to try to prevent such acts, " Zach said in a clear, strong voice. "I am truly sorry and I apologize to the court and the legal profession that I love so much … The legal profession has high standards, not just a duty to not do ex parte contact but to prevent others from doing ex parte contact. I hope that the Mississippi bar will gain from my mistake. "
Biggers replied: "The legal profession you say you love so much, you will not be a part of the rest of your life. "
–alyssa@oxfordeagle.com
I don’t understand the complete dismissal of involvement in the DeLaughter case at all
MT – I be confused too
NMC that’s not correct is it?
the plea agreement (linked below as rossmiller’s site) does not say that
http://www.insurancecoverageblog.com/
great article! I wish these guys would wait till Monday to do things like this, they just want to make it harder on us. What are we gonna do Alyssa, Scruggs will slowly fade from the headlines and you and I are back to chasing what little crime we have in Oxford.
Can anyone confirm the quote above from David Sanders in court re: Delaughter involvement?
I’ve read the transcript (at the Sun Herald site), and I didn’t see any specific statement about the DeLaughter/Wilson case. What there is is the statement that Zach will not be charged with any other offenses arising from or relating to this incident (or words to that effect). Whether this would include the DeLaughter case is, in my opinion, up for argument.
That being said — great article and thanks for letting it be posted!
My Thoughts: I can confirm
.
The DeLaughter case was not mentioned explicitly. What Sanders said was “We have no knowledge that he has information in other cases at this time.”
I got this down accurately, I am pretty close to 100% certain. There were no assurances about other prosecutions should evidence arise.
“For those of you who want probation for Dickie Scruggs”
Wow. I hadn’t even begun to imagine that such people existed. I’m sorry his punishment will be as light as it is.
I am certain that this statement in the story is inaccurate because the DeLaughter case is a separate case and there are several reasons to know that the government (properly) views it as such. Here’s the statement I think doesn’t reflect what happened in court: “U.S. Assistant Attorney David Sanders also announced the government agrees not to charge Zach with any other offenses arising from — or relating to — this case, including the open investigation into the alleged corrupt influencing of Hinds County Judge Bobby DeLaughter.”
Thanks NMC…. that was really going to fry my egg
Anderson 11 – I’m with you. Should we consider starting a petition that adds a good old fashion ass kickin to his sentence? Just a thought..
Who would sign? Good start for another investigation: possible signatures:
Trent lott
joe biden
charlene bosarge
haley Barbour
mike Moore
jim hood
bobby delsughter
Ed peters
pl Blake
hiram eastlsnd
David nutt’s
don Barrett
dunn lampton
john sears
tom Anderson
Steve Bozeman
Sam millette
Scott Taylor
That “we have no knowledge that he has information in other cases at this time” is right interesting. Doesn’t exactly square with his email to Johnny Jones, though.
D’oh, here I am confused again.
Pretty good start there, jsh.
Lotus. Could this be a reference to the taint team evidence not having been sorted through yet?
Justsittin, I am going to need “Big Tobacco” Barbour’s name on that list explained to me.
But I do agree that such a list would be an interesting document.
names you will not find on the petition:
Bob wilson
vicki slater
bill kirksey
alwyn luckey
julie lawson
grady tollison
George dale
al Hopkins
Charlie merkel
ben creekmore
tony farese
cynthia Mitchell
henry lackey
There’s an argument that certain aspects of the tobacco settlement actually provided significant protections to Big Tobacco. Someone more educated on the subject than I could provide details. But Barbour and Scruggs are also supposed to be fairly friendly. Politics makes strange bedfellows. If anyone things Ted Kennedy and GWB aren’t pretty friendly out of the public eye, they’re probably being naive (not that I have any inside connection on this stuff — but it seems like more politicians are on sale to whatever side will keep them in office).
barbour and scruggs are fraternity brothers. Both heavily tied to big tobacco.
Will these people be on the list?
Johnny Jones
Stephen Funderburk
Paul Minor
Wes Teel (and the other former judge whose name I cannot recall)
Oliver Diaz
State Farm Insurance
DH
dm writer – if you are going to let anything scruggs qualify as Oxford news then I promise you that you will have plenty in the upcoming weeks worthy of print. I guarantee it.In fact, you could possibly replace some of those akwardly written and terribly misguided opinion pieces and start a whole Mississippi Corruption Cleanup section what with the upcoming events, the Innocence Project, and more taking place throughout the state.
Add Grover Norquist? To the first one.
DMwriter, I don’t think you and Alyssa need to worry about a lack of things to write about. I really don’t think it’s over. This particular case may be over, but there’s surely more to come.
Let’s just say that Haley’s name is not going to appear on that petition, whatever his sympathies.
I’m not sensing closure, here.
But, I might be willing to sign the petition for probation if Scruggs will tell the truth about who got paid off with the $50,000,000 he is laundering through P.L. Blake.
Since the sentencing is 6-8 weeks away, I have to wonder if there are any new indictments, will they surface in the interim.
NMC: what is your feeling on the effect any additional indictments would have on Backstrom backing out of his existing plea if he is indicted in something new?
Backstrom is cooperating, NAAS. If the US Atty thinks he’s cooperating fully, they aren’t going to squeeze him, I don’t think.
I don’t know when he joined the conspiracy. Anyone remember when he became a member of Scruggs firm?
NMC 30: A LONG time before Zach Scruggs did. He moved to Oxford from the Coast with Scruggs well before Katrina.
Anyone remember when he became a member of Scruggs firm?
NMC – A commenter at Rossmiller’s said that Backstrom had quit Scrugg’s in October or so of ‘05 -after his father died and then went back sometime in ‘06 when Scruggs offered him a boatload of money to come back.
Not sure how reliable, but the commenter seemed to be of his acquaintance – he mentioned the decision to go back will probably haunt Sidney for the rest of his life.
here is the comment:
WRITTEN BY:INJUSTICE4ALL
ON MARCH 14, 2008 1:18 PM
Sid left the Scruggs firm after his father, Judge Jim Backstrom’s death in October November of 2005. He father was a man of high intergrity who had a good and caring heart. He was well respected by all parts of the bench and by all accounts an outstanding Judge.
Although he didnt say it precisely he gave me the impression he was no longer comfortable being the firm. I assumed that it was due to Zach and that fact that he was doing all the work at the time.
Apparently, they offered him a ton of money and he returned to Scruggs nation in 2006. A decision I am sure he will regret the rest of his life. I have no doubt that he suspected many things were going on while he was there but as indicted by some the transcipts, “Dick gave me that look again like you don’t want to know” he was not actually involved in any of this until this incident or after he rejoined the firm.-
Sorry, was gone most of the day. I had a conversation with the government peps after the hearing where i asked them if this included the Delaughter case and was told, it is considered “related” to this case.
Where it might be confusing is (and remember I had about 15 min to pull this off) was David and the plea said the government agreed not to file any other charges, etc etc. in this case, or relating,to this case.
After the hearing, I asked prosecuters, including Greenlee, if the DeLaughter case was considered “related,” and was told it was and that they are not pursing Zach in that case.
Now, putting together Biggers question about if Zach had knowledge of any of crimes and the gov’s response “no he doesn’t” AND Biggers comments that he thought that was odd with the information I had in my story that I was told after the hearing, it really all makes sense. Well, maybe not sense since the real question here is “WTF?”
I do not think we will see an indictment for Zach in the DeLaughter case from all I was told and heard today.
How can they say Zach did not have knowledge of the Delaughter matter? Remember the brief on a napkin comment? Zach needs time, if for nothing else his ridiculous comments in the plea. I am a member of the Mississippi Bar and I am insulted that he suggested we learn from his failures. There are no lessons that I need to be taught from this convicted felon!!! How dare he say to save “this Court”. He has some nerve and his arrogance is once again shining through.
observer, re 28 I am with you 100%. Talk about some tainted money! Sadly I feel this is in the process of being shut down.
If Zach isn’t going to be held accountable by the Feds in that case, this would be the PERFECT opportunity for the State of Mississippi to step in and bring charges, no?
Alyssa, I understand that they said they don’t know of his involvement in another crime, and that would include DeLaughter. That is not the same as saying his plea protected him from prosecution on the DeLaughter matter should evidence later arise implicating him in it. You seem to be saying the later in your story. Are you sure that Zach is immune on DeLaughter now? Or just that they don’t think they have anything on him?
But they know at least what we know… the infamous napkin email… so wouldn’t that at least suggest another knowledge of conspiracy to bribe case (misprision of felony)? Are they just saying, do you think, that they have bigger fish to fry?
That is how I understood it from the latter conversation with the prosecuters..BUT…I could of understood wrong. Come Monday, I can try to get that question answered most specifically and carefully word it. But just for instance, if they felt my story was sorely offbase I am sure Mr. Norman or Mr. Sanders would of emailed me to tell me something was off. But I will see what I can find out Monday.
And yes, I think they do have bigger fish to fry and yes, the state could be stepping in here. We’ll have to wait and see.