Feds ink plea deal with city; criminal investigation now focused on nailing
"The Executive Group"
$110,000 minimum in fines, and guess who gets to pay the
freight? And what, exactly, is The Executive Group?
-- John Patten, 04/08/05
--
jpatten@veniceflorida.comGot a comment?
Make
it here.
RELATED:
Full text: the plea
agreement between the U.S. Attorney's Office and the City of Venice
-- posted to the web on 04/07/05
$110,00 in fines minimum,
plus legal fees
City Manager Marty Black released
a copy of the tentative plea agreement
between the city and the EPA earlier this week. According to Black, the monetary
hit is a big one: the city has tentatively agreed to pay a minimum of $110,000 in fines.
That's if a Federal judge accepts the agreement.
The agreement itself primarily covers two sets of
incidents: numerous unmetered and falsely documented releases of treated
wastewater into Curry Creek and on-again-off-again flooding of parts of a county
park, again with treated wastewater.
The
Gondo did a
good job of clarifying the criminal incidents that the EPA is looking at
with regards to the city as a defendant. The
Herald-Trib actually did a good job as well, with one minor error -- the
Trib refers to the flow meter that was supposed to monitor treated waste being
pumped into Curry Creek as "broken." The EPA plea agreement refers to it as
"inoperable." Information I have received indicates that the flow meter in
question was always fully functional, but it was frequently deliberately
disabled by wastewater employees. According to the plea agreement, whatever the
cause, the problem was fully known by utils management, who in turn authorized
the falsification of flow data that was then turned in to the Florida DEP.
Bottom line: taxpayers will have to fork over $110,000
minimum in fines to the U.S. government. The fines could be larger as no judge
has yet approved the deal. And that doesn't include all of the attorney fees
that we've racked up over the past three years. That bill will likely cause
Taxpayers League prez Herb Levine to have a stroke.
Here's hoping the Feds will consider taking payment in
trees.
But wait, there's more: we're also agreeing to pay
restitution for any environmental damage that we've caused. So far, nobody's
made any claims, but that could change and environmental cleanups are
notoriously expensive.
The city is only one defendant of many. According to the
plea document, the EPA and the U.S. Attorney General's Office are still looking
at numerous individuals. Most, if not all, are part of what the Feds are calling
,
and the city, as part of the agreement, now has a binding duty to help the Feds
in gathering evidence against
for future prosecutions.
According to the agreement, if the city falters in this area, the agreement is
null and void and the Feds will go after the city like a cat after an escaped
hamster.
|
 |

Former utils director John
Lane (left) and his assistant, Patricia 'Pat' Wilson, the assumed leaders of
what the Feds are calling "The Executive Group" (file photo) |
| Venice residents
and anyone who cares about the health of the creeks and bays that flow
into the Gulf should thank EPA investigator Dan Green and other federal
officials for pursuing this case. Also
deserving of praise is local resident John Patten. Over the last three
years, he repeatedly urged city officials to look into illegal dumping by
the Utilities Department. If those officials had
listened to Patten, they might have saved the city a lot of trouble and a
lot of money.
--
Accept EPA offer,
editorial, Sarasota Herald-Tribune,
04/09/05 |
Dead pine trees, decaying vegetation and animals scrambling for new wetland habitat are all present at Sarasota County's park along Knights Trail Road.
And it's all the city of Venice's fault, according to the Environmental Protection Agency.
--
City pleads
guilty to polluting water, park.
Venice Gondolier Sun, 04/08/05 |
Under the pending
settlement, which must be approved by a federal judge and the City
Council, Venice must assist the U.S. Department of Justice and the
Environmental Protection Agency in prosecuting any current or former
employees who may have violated the Clean Water Act.
--
Venice expects fine over dumping,
Sarasota Herald-Tribune, 04/08/05 |
Q&A with Marty
Most of the questions I asked Black in a quick phone interview were answered
with a standard "I am not allowed to discuss that under orders from the United
States Attorney General's Office," which I expected and have no reason to disbelieve. These
were questions like "Are indictments in the works against former employees?,"
"Who is the EPA looking at in particular with regards to criminal charges?," and
the like. I knew he was going to duck on those questions, but I had to ask
anyway.
I was able to get an answer from one question: "The
EPA is only looking at former employees, right? To your
knowledge, the Feds aren't looking at any current employees?"
"That's correct."
"What time frame are we looking at before the Feds charge
any individuals involved?"
Black paused. "I don't know."
"Don't know or can't say?"
"I really don't know."
"So what's your feel, two months, six months, a year?"
I could hear Black puffing out his cheeks and blowing air
out of his mouth as he tried to formulate an answer that would satisfy me. It
wasn't gonna happen.
"You know, I truly have no idea," he finally said.
Which I have little doubt is true -- the Feds have been
extraordinarily tight-lipped about the entire investigation all along, even to
the point of refusing to acknowledge that an investigation was ongoing despite
grand jury subpoenas that had previously been served on city hall and city employees over
the past three years.
There's one key difference between Black's statements and
the plea agreement document. Black has repeatedly stated that the Feds are only going
after former employees of the city. The plea agreement doesn't make that same
distinction: "Defendant [City of Venice] agrees to cooperate fully with the
United States in the investigation and prosecution of other persons,
including its past and present employees" (item 8, page 4). As cagily and
carefully worded as this document is, I refuse to believe for a second that
those words "and present" were tossed in on a whim. While Black has been
reported in the past as stating that we won't see current employees being led
off in handcuffs in the future, I remain somewhat skeptical of the claim.
While the Feds are going after the city on just the Curry
Creek and Knight's Trail Park incidents, that doesn't limit the Feds from going
after others on incidents not mentioned in the city's plea arrangement. The EPA
spent three years on this investigation, the FBI kicked in some man-hours as
well, including a hidden-mic recording session with our
former city manager. It's a sure bet that the Feds know about a heck of a
lot more than what they've let out so far.
So is Black lying? Maybe, but if he is, it's
understandable and I don't have a problem with it. Either he doesn't know for
sure or he does know and he's under instructions to state publicly that he
doesn't know. So either way, he has to give an answer that pleads ignorance.
From my perspective, there's a minimum of two current
employees and one elected official that the Feds could go after if they wanted.
The question then is, do the Feds want these guys too? I didn't ask Marty that.
I wasn't going to put him in that kind of spot and besides, I already knew what
his answer would be. See above.


Almost humorously, the plea agreement refers to the environmental crime dynasty,
...ooops, I'm sorry, I mean the former utils management team that we have all come to
know and love, as "
."
Hey, it's
! Woooooo-hoooooo!!!!
The first thing that sprang to my mind was all of those
Kids in the Hall sketches that
involved tailored suits, bright ties, martinis and truly aberrant behavior. The
second was cheesy businessman clip-art, which I dutifully inserted onto this
page.
Starting on page 14, the document describes
as "high-level executives, managers and supervisors [whose jobs were] to oversee the day-to-day
operations of the Pollution Control Division and the Eastside Wastewater
Treatment Facility."
The document then goes through a long and
redundant-sounding series of accusations aimed at members of
,
both collectively and individually, but without ever actually naming any
individual person as a member. The Gondo boldly took its best guess: "Speculation
is this would involve some of the 13 who lost their jobs last August during
budget cuts."
No kidding. Really?
It's fairly obvious from the wording in the plea agreement
that former utils director John Lane and his assistant, Patricia 'Pat' Wilson,
are considered part of
.
Based on the plea document, several of their underlings are in the group as
well. What's not so clear is if the Feds are considering anyone above Lane and
Wilson on the food chain to be part of that group. The wording is ambiguous
enough to indicate that the Feds may be looking outside of the utils offices and
into the offices of at city hall as well, like former city manager George Hunt
and anyone else who had knowledge and did nothing * .
Note to John Lane: when law
enforcement and prosecutors develop a pet name for you, like "The Family"
(Manson), or The Box
Bandit, or
,
you can pretty well take comfort in the assured knowledge that you're already
screwed. Lose the Papa Hemingway beard and
all that Florida Gators crap -- that way, the Feds will hopefully never spot you in a
crowd. As for his former assistant, Pat Wilson, and the rest of
:
I hear it's nice in Iran this time of year and extradition from there is a
bitch.
* You are bright enough to figure this one
out for yourselves, but if I start naming more names, I'm probably going to have
to sit through another Official Municipal Approved Temper Tantrum filled with
threats of Litigation, Torture and Slow Painful Death, which, while highly
entertaining for the one newspaper that shows up at council meetings, is tedious
beyond belief for the rest of us, council and staff included, who have to sit
through such elongated childish bullshit.
John Patten is the head of Web Operations for Creative Pages, and has worked in broadcasting for over 12 years. He
can also be incredibly rude at times.