Comments on: Judge Acker may take the Rigsbys’ houses http://www.folo.us/2008/07/12/judge-acker-may-take-the-rigsbys-houses/ Sat, 21 Mar 2009 17:40:41 +0000 hourly 1 http://wordpress.org/?v=3.1.3 By: MsNExile http://www.folo.us/2008/07/12/judge-acker-may-take-the-rigsbys-houses/#comment-34846 MsNExile Wed, 23 Jul 2008 23:21:01 +0000 http://www.folo.us/2008/07/12/judge-acker-may-take-the-rigsbys-houses/#comment-34846 NMC at 15 Is there any clarification on this item? Was the report accurate re Judge Acker's order on the need for the Rigsbys to pay Renfroe's $65,000 in legal fees while Scruggs appeals his obligation? NMC at 15

Is there any clarification on this item? Was the report accurate re Judge Acker’s order on the need for the Rigsbys to pay Renfroe’s $65,000 in legal fees while Scruggs appeals his obligation?

]]> By: injustice4all http://www.folo.us/2008/07/12/judge-acker-may-take-the-rigsbys-houses/#comment-33362 injustice4all Tue, 15 Jul 2008 03:43:54 +0000 http://www.folo.us/2008/07/12/judge-acker-may-take-the-rigsbys-houses/#comment-33362 Rigsby need to individually file motion to Recuse on Acker, and need real legal help desperately. Public Citizen is really their own option. This is real Bullshit to discourage others from ever coming forward again. If Obama wins, many of us will be willing to hand over the real "smoking gun" docs to a fair US attorney who will really investigate this. Otherwise, it will not happen. I would love to see Acker's phone records for the last year. Rigsby need to individually file motion to Recuse on Acker, and need real legal help desperately. Public Citizen is really their own option. This is real Bullshit to discourage others from ever coming forward again. If Obama wins, many of us will be willing to hand over the real “smoking gun” docs to a fair US attorney who will really investigate this. Otherwise, it will not happen.
I would love to see Acker’s phone records for the last year.

]]> By: Third South http://www.folo.us/2008/07/12/judge-acker-may-take-the-rigsbys-houses/#comment-33222 Third South Mon, 14 Jul 2008 15:48:14 +0000 http://www.folo.us/2008/07/12/judge-acker-may-take-the-rigsbys-houses/#comment-33222 Thanks for the update, Researcher. That's an incredible backlog and a delay of sufficient magnitude to trigger due process concerns. Thanks for the update, Researcher. That’s an incredible backlog and a delay of sufficient magnitude to trigger due process concerns.

]]> By: Researcher http://www.folo.us/2008/07/12/judge-acker-may-take-the-rigsbys-houses/#comment-33218 Researcher Mon, 14 Jul 2008 15:19:04 +0000 http://www.folo.us/2008/07/12/judge-acker-may-take-the-rigsbys-houses/#comment-33218 No statement by DOJ since the court required one, but that is not unusual. I received a tip from a reliable source that the investigation is still active. The Washington Post had a recent story that there is a backlog of about 900 whistleblower cases that are still active at DOJ. I was told by a former DOJ civil fraud lawyer that it is typical to take 3 or 4 years to investigate cases that involve substantial document review, witness interviews, and subpoenas. No statement by DOJ since the court required one, but that is not unusual. I received a tip from a reliable source that the investigation is still active.
The Washington Post had a recent story that there is a backlog of about 900 whistleblower cases that are still active at DOJ. I was told by a former DOJ civil fraud lawyer that it is typical to take 3 or 4 years to investigate cases that involve substantial document review, witness interviews, and subpoenas.

]]> By: Third South http://www.folo.us/2008/07/12/judge-acker-may-take-the-rigsbys-houses/#comment-33207 Third South Mon, 14 Jul 2008 14:44:17 +0000 http://www.folo.us/2008/07/12/judge-acker-may-take-the-rigsbys-houses/#comment-33207 Has the Government made any further announcements, since January, about its "investigation of and attention to this case" [the qui tam]? Has any reporter asked? Has the Government made any further announcements, since January, about its “investigation of and attention to this case” [the qui tam]? Has any reporter asked?

]]> By: Researcher http://www.folo.us/2008/07/12/judge-acker-may-take-the-rigsbys-houses/#comment-33153 Researcher Mon, 14 Jul 2008 04:56:23 +0000 http://www.folo.us/2008/07/12/judge-acker-may-take-the-rigsbys-houses/#comment-33153 I went back and looked up the notice submitted to the court by the US Attorney regarding the Rigsby qui tam case. I don't think we properly noted at the time or since that the DOJ said that its investigation would continue and that any attempt to dismiss or settle the case would need the consent of the DOJ. This notice was submitted January 31, 2008. "The Government's investigation has not been completed, as certain potentially relevant information has not become available. As such, the United States is not able to decide, as of the Court's deadline, whether to proceed with the action. Accordingly, the United States hereby notifies the Court that it is not intervening at this time. "However, under 31 U.S.C. § 3730(c)(3), the United States retains the right to intervene in this case at any time 'upon a showing of good cause,' and the Government’s investigation of and attention to this case will continue. "Although the United States is not intervening at this time, it respectfully refers the Court to 31 U.S.C. § 3730(b)(1), which allows the relators to maintain the action in the name of the United States; providing, however, that the 'action may be dismissed only if the court and the Attorney General give written consent to the dismissal and their reasons for consenting.' "Therefore, the United States requests that, should either the relators or the defendants propose that this action be dismissed, settled, or otherwise discontinued, this Court solicit the written consent of the United States before ruling or granting its approval." JEFFREY S. BUCHOLTZ Acting Assistant Attorney General DUNN O. LAMPTON United States Attorney Southern District of Mississippi /s Al Jernigan ALFRED B. JERNIGAN, JR. Chief, Civil Division FELICIA ADAMS Assistant United States Attorneys Jackson, MS JOYCE R. BRANDA PATRICIA R. DAVIS JAY D. MAJORS Attorneys, Department of Justice Civil Division Washington, DC I went back and looked up the notice submitted to the court by the US Attorney regarding the Rigsby qui tam case. I don’t think we properly noted at the time or since that the DOJ said that its investigation would continue and that any attempt to dismiss or settle the case would need the consent of the DOJ.
This notice was submitted January 31, 2008.

“The Government’s investigation has not been completed, as certain potentially relevant information has not become available. As such, the United States is not able to decide, as of the Court’s deadline, whether to proceed with the action. Accordingly, the United States hereby notifies the Court that it is not intervening at this time.
“However, under 31 U.S.C. § 3730(c)(3), the United States retains the right to intervene in this case at any time ‘upon a showing of good cause,’ and the Government’s investigation of and attention to this case will continue.
“Although the United States is not intervening at this time, it respectfully refers the Court to 31 U.S.C. § 3730(b)(1), which allows the relators to maintain the action in the name of the United States; providing, however, that the ‘action may be dismissed only if the court and the Attorney General give written consent to the dismissal and their reasons for consenting.’
“Therefore, the United States requests that, should either the relators or the defendants propose that this action be dismissed, settled, or otherwise discontinued, this Court solicit the written consent of the United States before ruling or granting its approval.”

JEFFREY S. BUCHOLTZ
Acting Assistant Attorney General

DUNN O. LAMPTON
United States Attorney
Southern District of Mississippi

/s Al Jernigan
ALFRED B. JERNIGAN, JR.
Chief, Civil Division
FELICIA ADAMS
Assistant United States Attorneys
Jackson, MS

JOYCE R. BRANDA
PATRICIA R. DAVIS
JAY D. MAJORS
Attorneys, Department of Justice
Civil Division
Washington, DC

]]> By: Nomiss http://www.folo.us/2008/07/12/judge-acker-may-take-the-rigsbys-houses/#comment-33152 Nomiss Mon, 14 Jul 2008 04:49:43 +0000 http://www.folo.us/2008/07/12/judge-acker-may-take-the-rigsbys-houses/#comment-33152 ThirdSouth@9 describing Dickie $cruggs: "What a clever man. Dishonest, disloyal, but clever." But didn't the letters of Chancellor Khayat and Dean Davis to Judge Biggers describe Dickie as loyal and honest? ThirdSouth@9 describing Dickie $cruggs:
“What a clever man. Dishonest, disloyal, but clever.”

But didn’t the letters of Chancellor Khayat and Dean Davis to Judge Biggers describe Dickie as loyal and honest?

]]> By: NMC http://www.folo.us/2008/07/12/judge-acker-may-take-the-rigsbys-houses/#comment-33145 NMC Mon, 14 Jul 2008 02:57:50 +0000 http://www.folo.us/2008/07/12/judge-acker-may-take-the-rigsbys-houses/#comment-33145 CG: Dickie did not appear on their behalf. They have an Bmghm firm still appearing for them. Not the KC lawyers CG:

Dickie did not appear on their behalf. They have an Bmghm firm still appearing for them. Not the KC lawyers

]]> By: curious georgette http://www.folo.us/2008/07/12/judge-acker-may-take-the-rigsbys-houses/#comment-33141 curious georgette Mon, 14 Jul 2008 02:48:17 +0000 http://www.folo.us/2008/07/12/judge-acker-may-take-the-rigsbys-houses/#comment-33141 Do the Rigsby sisters have any counsel still left standing in the Renfroe case? If Dickie ever appeared on their behalf (I can't remember if he did), he has been suspended and can't practice, irrespective of whether he withdrew from the case. I know the Zuckerman lawyers withdrew, and are now being sued by Dickie over fees. Was there anybody who was actually counsel for them that could have filed an appeal? I would find it strange if Acker let Zuckerman withdraw without replacement counsel being on board. Were the Trailer lawyers in this case for them? Do the Rigsby sisters have any counsel still left standing in the Renfroe case? If Dickie ever appeared on their behalf (I can’t remember if he did), he has been suspended and can’t practice, irrespective of whether he withdrew from the case. I know the Zuckerman lawyers withdrew, and are now being sued by Dickie over fees. Was there anybody who was actually counsel for them that could have filed an appeal? I would find it strange if Acker let Zuckerman withdraw without replacement counsel being on board. Were the Trailer lawyers in this case for them?

]]> By: ThirdSouth http://www.folo.us/2008/07/12/judge-acker-may-take-the-rigsbys-houses/#comment-33129 ThirdSouth Mon, 14 Jul 2008 02:27:18 +0000 http://www.folo.us/2008/07/12/judge-acker-may-take-the-rigsbys-houses/#comment-33129 Understood and thanks, NMC. If you get a link to the order, please include it here. If what Anita Lee says is right, I suspect Dickie will be safer in prison than walking free on Mississippi streets that include alleys where the the Twisted Sisters and Ma Lobrano may be lurking with settling old scores and getting overdue revenge in their hearts. They might just make Lawyer Jones and his disgruntled ilk look like choirboys -- harmless as milk fed puppies. Understood and thanks, NMC. If you get a link to the order, please include it here. If what Anita Lee says is right, I suspect Dickie will be safer in prison than walking free on Mississippi streets that include alleys where the the Twisted Sisters and Ma Lobrano may be lurking with settling old scores and getting overdue revenge in their hearts. They might just make Lawyer Jones and his disgruntled ilk look like choirboys — harmless as milk fed puppies.

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