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Business as usual after all

by: Thurman Hart

Fri Nov 23, 2007 at 11:32:52 AM EST



In New Jersey, the appearance of a conflict in interest means a litany of denials followed by an investigation which is (usually) followed by an indictment and guilty plea.  I wouldn't say that the sudden appearance of a conflict of interest would automatically be seen by the public as de facto evidence of wrong-doing, but it's pretty close.  And that is why the huge fees paid to John Ashcroft as a result of Chris Christie's efforts to end a kick-back ring in the surgical implant business is such big news.

Ashcroft was the guy who gave Christie his current position.  He is not, however, Christie's current boss.  Still, if Ashcroft being handed a contract that pays between $1.5 and $1.9 million per month doesn't smack of political payback, then Christie has some apologizing to do to the likes of Wayne Bryant.  But then the lines coming out of Christie's office about this sound like they may have been vetted by Wayne Bryant.

Thurman Hart :: Business as usual after all
Ashcroft's law firm was hand-picked by Christie to oversee Zimmer Holdings of Indiana.  But Christie protests any talk of favoritism for his old boss: ""These companies visited this upon themselves with their criminal conduct," Christie said. "Given what these companies were costing the American taxpayers, the fees that these monitors charge for changing the industry's practices will be a real bargain at the end of the day."

First of all, Zimmer doesn't think it's a real bargain.  It was outrageous enough that they felt compelled to report it publicly.  Then we have this little comment from the Star-Ledger story:

"The federal government is coming in saying, 'You shall hire this monitor,'" said Jim Cotterman, a principal with Altman Weil, a legal consulting firm in Pennsylvania. "You are not going to negotiate much on fees or get a competitive bid."

So maybe having Christie hand-pick the monitors instead of submitting it to group vetting or special contracting isn't such a wonderful idea.  But it isn't really about how much Ashcroft's firm gets paid so much as it is about why they are getting paid in the first place:

"I certainly don't think it's a problem to hire somebody who used to be your boss but no longer is," said Christie. "What am I getting out of this exactly? I can tell you, I'm getting nothing, except the comfort in hiring people I know I can trust to do the job."

Is it just me or have we heard that same line come out of the mouths of every politician indicted by Christie in the last few years (with some variance, of course)?

There are other reasons to question Christie's judgment on his hand-picked monitors.  For instance, David Kelley, who is a former Attorney General for Manhattan, and John Carley, who is a VP at Cendant.

David Kelley, while serving as US Attorney for Southern New York, was responsible for indicting fifteen financial specialists for insider trading - including Christie's brother Todd.  Even the New York Times found it odd that Todd Christie, as one of the leading profiteers, escaped criminal prosecution.  No public explanation, as far as I can tell, has ever been given for this strange coincidence - but the appearance of "you do me a solid and I'll catch up with you later" certainly has reared its ugly head.

The conflicts with John Carley are not so straight forward.  First, there is the conflict between Cendant and Chris Christie.  If Cendant doesn't come directly to mind as a case of corporate malfeasance, then you can blame that on Enron for shouldering past it in a bid to be "fiscally creative" as a means of boosting stock price.  The chairman, vice-chairman, and a couple of accounting executives were brought low by Chris Christie's prosecution.  So there are a number of executives at Cendant that owe their jobs, literally, to Chris Christie.  Again, have we not seen Jersey pols clean house (even using legal means to do so) and have a crop of replacements beholden to them?

Mr. Carley, by the way, was serving as vice-president and legal counsel for Cendant while the malfeasance was ongoing.  He also serves as a member of John McCain's Presidential campaign's leadership team.  He previously worked for Richard Nixon's and Ronald Reagan's administrations, as well as Rudy Giuliani.  How often have Jersey politicians claimed that someone's connections to previous power-brokers were not a factor in someone getting a contract or job?

I do not want, in any way, to cast any doubts on the character of either Mr. Carley or Mr. Kelley - or, for that matter, John Ashcroft.  I'm not even saying that Chris Christie broke any laws.  All three men have served the public and have a record that can defend their appointments as monitors (though the idea that Ashcroft qualifies because he ran the Justice Department and therefore ""understands organization structure and how to get things done" in a corporate setting" is a bit troubling - wasn't the DoJ riddled with problems during Ashcroft's term?).  But it comes back to that troubling quote from Chris Christie - "I'm getting the comfort of nothing, except the comfort of hiring people I know..."

That is, unless I miss my guess, the very heart of patronage.  Christie has built a reputation for going after people who use their public office to reward friends and family.  Now it appears that he has that same blindspot, and no statement from his office is going to change the appearance of so many conflicts of interest in such a lucrative matter.  The appearance of a conflict of interest is not evidence of wrongdoing, even in New Jersey.  But if Christie's own record of litigation shows, the best way to show that is by having a fair and equitable investigation of the facts.  It's just unclear who would investigate the chief investigator.

(cross-posted from NJVOICES)

UPDATE: Congressman Frank Pallone also noticed this and wrote a letter to Chris Christie explaining his concerns (hat-tip to PolitickerNJ, a site that refuses to link to other sites).

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Cracker Barrel (4.00 / 6)
If you like it, rate it crunchy.

To hell with what she wants, let's make Rosi Efthim the next DSC chair.

No need to cast aspersions on capable professionals (0.00 / 0)
Congressman Frank Pallone and others (including myself) have already made the point that the Christie deal with Ashcroft was wrong. It was poor judgment and disappointing to all of us who appreciate the fine record of accomplishment that this U.S. Attorney has earned in his quest to shield the political system in New Jersey from the bottom feeders.

But I would caution that there is no productive value in over analyzing this by trying to extend a cloud of suspicion over the other monitors in this case.

These are competent and capable professionals that have been deemed qualified to handle the monitoring of a case at this level of complication and detail.

Congressman Pallone has already suggested that he would produce legislation that would offer a better process in the use of deferred prosecution agreements and the choosing of monitors.

That should go a long way toward restoring confidence in the handling of these type of cases.

Not much more needs to be said. Casting aspersions, whether intentional or not, on qualified professionals is no means to a solution.


Which professional (0.00 / 0)
Chris Christie or Wayne Bryant? 

To hell with what she wants, let's make Rosi Efthim the next DSC chair.

[ Parent ]
solution (0.00 / 0)
Introducing legislation that can be filibustered in the Senate or vetoed by the President does not mean that the problem is solved.  It would be a nice step for Judge Mukasey to pass guidelines, but I don't expect that.

We have already seen that there are connections that raise questions.  Those questions should not be ignored.  Chris Christie should also answer for his process and thinking in Atlantic City where he left Craig Callaway loose for almost two years after already having him dead to rights.  Much of the farce that has gone on in Atlantic City in the past three months could have been avoided if Craig Callaway had been thrown in jail two years ago and he flipped on his syndicate.


[ Parent ]
Are you kidding me? (4.00 / 1)
What's different between a public official diverting victim money to his old boss' law firm and a public official diverting public grants to a school he works for?

In New Jersey, the only difference seems to be what party you belong to.

Ashcroft isn't likely to do one iota of work on this particular matter, yet $750,000 goes directly into his personal bank account.  Or did you not notice that part?

What do the victims get from this settlement?  Apparently about 20% of the restitution and for every victim who takes any of it, the joint company wins an indemnity agreement.  What a scam!

You seem to protest too quickly and too loudly about Christie criticsm, Terry?  Why?


[ Parent ]
The "Terry" Character... (0.00 / 0)
....a laser point PR focus on applauding, promoting, and defending Chris Christie.

It's almost as if Christie paid a flak to do pro Christie spin on the web with the instructions: "Be nice, be personable, be smart, say anything you want about haw bad corruption in general (and Democratic low level corruption in particular) is; but just be sure to keep me "lookin good".

Obviously, it has just the opposite effect; it raises suspicion when an anonymous character seems to have a single point focus in life oriented toward promoting one particular individual.

Of course, it's remotely possible that "Terry" is actually 100% for real and just has a powerfully fixated political crush on Christie.

Either way,  this latest obscene revelation has totally destroyed any chances that Christie may have had to run for higher office.  The man is a transparent partisan sellout (I was going to use another word there but I didn't want to insult prostitutes who work hard for the money).

So, Terry, as much as I like your professionally positive cheery smart perky persona; and appreciate the way you have supported my own "tilting at windmills" from time to time:  your "raison d'etre" in re Christie is simply uncredible.

Chris Christie is busted.  No voter who actually understands the details of this filthy dirty rotten legally corrupt transaction would want this bum in office at any level.

PS  Now if I see a RICO action unfold with three hundred and forty seven NJ high level pols being arrested tomorrow morning, and charged with engaging in organized systematic criminality; I'll be tickled pink to the point of gladly eating my own words!  ;-)


[ Parent ]
Nick (0.00 / 0)
I'd like to think that Christie is over as a candidate for higher office, but I can't believe it just yet.

However, the story is getting some national traction.  The Star Ledger article has been reprinted in Truthout, followed by the Hill article about Pallone.

I think I saw it mentioned at Talking Points Memo, too.

So maybe, just maybe, Christie's actions will generate enough outrage to sink him.


[ Parent ]
A sweet sinking it woukld be... (0.00 / 0)


Check out my 3 paragraph primer on Polywell Fusion.

[ Parent ]
A "Duh" moment (0.00 / 0)
I posted here on another thread my questions with regard to Christie's questionable choice of Ashchrof's firm to monitor the bribery cases.  I made a legal observation, rather than a political one...

Duh! XT has pointed out the pay back(s) Christie has made.

But, after reading the Tom Moran article linked to by Matt F, (with whom I disagree- that's for another time,)

I find it it interesting that no one has talked about "pay forward," or pay to play, as it is known in NJ, but on a national level.

Moran clearly says that Christie is a gubentorial player, and further, that Ashcroft, et. al.  are potential fundraisers in a future campaign.

I dunno.  I support a lot of Corzine's programs and am against his inaction on others.

Does he want to run again?  Will he fund his own candicacy?  Will he fight for "the people?"

Christie can have a resounding speech: cut corruption; slash budgets; slash property debt...

Frankly, I don't have an answer.  I hope the D's have something to say before the next election.



Todd Christie (0.00 / 0)
Does anyone know how the civil case against Todd Christie was resolved?

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