AG argues contempt warranted in East Chicago suit

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Indiana Attorney General Greg Zoeller said two politically connected Lake County attorneys should be held in contempt for failing to disclose what happened to $16 million in revenue funneled to their private corporation from an East Chicago casino.

“It’s rare that this office has ever sought that,” Zoeller said in a recent interview joined by his predecessor, Steve Carter. “We’ve already been to the Supreme Court and back, and we’re still seeking discovery.”

IL_Casino01-15col.jpg Indiana Attorney General Greg Zoeller, left, and former Attorney General Steve Carter talk about years-long efforts to discover what happened to $16 million in revenue from an East Chicago casino steered to a politically connected company. (IL Photo/ Perry Reichanadter)

A hearing Feb. 15 before Marion Superior Judge David Shaheed could determine whether more will be known about what happened with the money, or whether the litigation Carter initiated in 2006 will begin another tour of the appellate courts.

Defendants East Chicago Second Century and its principals, Michael A. Pannos, a former Indiana Democratic Party chairman, and Thomas S. Cappas, a Lake County Democratic Party activist, were longtime allies of former Mayor Robert Pastrick, whose administration crumbled in a separate corruption scandal from which the current case arises.

Carter said as a native of Lake County he is accustomed to being jibed for the region’s reputation as a haven for crooked politicians and machine-style cronyism – “unfortunately it was well-deserved,” he said. His administration took aim at what he called the culture of corruption.

The anti-corruption efforts culminated in the fall of Pastrick’s 33-year administration against which Carter and Zoeller successfully pressed civil prosecution under state and federal Racketeer Influenced and Corrupt Organizations laws that led to a judgment of $108 million against Pastrick and members of his administration for the city of East Chicago.

During Pastrick’s tenure in the early 1990s, an East Chicago group was awarded a gaming permit for a riverboat casino. The permit included a provision unique among the state’s gaming licenses: 0.75 percent of casino revenue would go to a private corporation called East Chicago Second Century Inc.

Each Indiana casino permit includes percentages typically steered to localities or nonprofit foundations that use the money for economic development purposes. In the case of Second Century, Zoeller said there’s been no sight of that in East Chicago.

casinoThe unique nature of the East Chicago arrangement led Carter to bring a lawsuit against Second Century. Dismissed by the trial court and Court of Appeals, the Indiana Supreme Court in 2009 reversed, holding that it was within the attorney general’s powers to bring the case and pursue claims for constructive trust and unjust enrichment of Second Century and its principals.

On remand, Shaheed denied Second Century’s motion to dismiss, and Second Century has asked for interlocutory appeal on the motion. Zoeller answered with a motion to compel discovery and for sanctions at the judge’s discretion that could include a contempt finding. The state alleges that the Second Century players “continuously delayed discovery in this process without just cause. … They continue to throw up roadblocks and intentionally flout the discovery rules.”

Zoeller believes the conduct rises to a level that contempt is warranted. “Seeking sanctions is not part of our strategy,” he said. “It was uniquely appropriate under this circumstance.”

Carter said the resistance to discovery is telling. He said the parties should answer with an accounting of where the money went, “If this has been such a great deal for the public.”

Attorney Brady Rife, an associate with McNeely Stephenson Thopy & Harrold in Shelbyville, represents the Second Century defendants. He said he could not comment on pending litigation.

Second Century argues in its request for interlocutory appeal that Zoeller is overreaching, a claim he said was settled in favor of the AG’s powers by the Supreme Court.

“The Attorney General is pursuing claims which, under the current case law, have never been pursued previously against a private entity,” Second Century’s motion reads. “Indiana law provides no precedent allowing the Attorney General to pursue claims for unjust enrichment and disgorgement against a private company such as Second Century. Likewise, Indiana law provides no precedent allowing the Attorney General to seek discovery of highly private and confidential business and personal records from a private company such as Second Century under these circumstances.”

Carter said he’s cognizant of protests that the Republican AGs are pursuing a political beef in a traditional Democratic stronghold.

“That’s what everyone in Lake County argues when we try to bring in transparency,” he quipped.

But there appears to be a measure of cooperation with the administration of Mayor Anthony Copeland. “I have a new respect and relationship with the current mayor,” Zoeller said.

Copeland said he’s let the AG’s office lead, and the episode has illustrated the importance of accountability of public funds. “If it’s not overseen by someone, you wake up one day … chasing the trail of what happened to millions,” he said.

“No matter what the residual amount that’s remaining, in the end it could be returned to the rightful owners,” Copeland added.

Carter and Zoeller said that even though the city of East Chicago has settled with Second Century, the public statewide has a right to know what happened with funds collected for distribution as proscribed under gaming statutes.

“Part of the role of our office is to seek some public trust,” Zoeller said. “I think $16 million is still worth pursuing.”•


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  1. Especially I would like to see all the republican voting patriotic good ole boys to stop and understand that the wars they have been volunteering for all along (especially the past decade at least) have not been for God & Jesus etc no far from it unless you think George Washington's face on the US dollar is god (and we know many do). When I saw the movie about Chris Kyle, I thought wow how many Hoosiers are just like this guy, out there taking orders to do the nasty on the designated bad guys, sometimes bleeding and dying, sometimes just serving and coming home to defend a system that really just views them as reliable cannon fodder. Maybe if the Christians of the red states would stop volunteering for the imperial legions and begin collecting welfare instead of working their butts off, there would be a change in attitude from the haughty professorial overlords that tell us when democracy is allowed and when it isn't. To come home from guarding the borders of the sandbox just to hear if they want the government to protect this country's borders then they are racists and bigots. Well maybe the professorial overlords should gird their own loins for war and fight their own battles in the sandbox. We can see what kind of system this really is from lawsuits like this and we can understand who it really serves. NOT US.... I mean what are all you Hoosiers waving the flag for, the right of the president to start wars of aggression to benefit the Saudis, the right of gay marriage, the right for illegal immigrants to invade our country, and the right of the ACLU to sue over displays of Baby Jesus? The right of the 1 percenters to get richer, the right of zombie banks to use taxpayer money to stay out of bankruptcy? The right of Congress to start a pissing match that could end in WWIII in Ukraine? None of that crud benefits us. We should be like the Amish. You don't have to go far from this farcical lawsuit to find the wise ones, they're in the buggies in the streets not far away....

  2. Moreover, we all know that the well heeled ACLU has a litigation strategy of outspending their adversaries. And, with the help of the legal system well trained in secularism, on top of the genuinely and admittedly secular 1st amendment, they have the strategic high ground. Maybe Christians should begin like the Amish to withdraw their services from the state and the public and become themselves a "people who shall dwell alone" and foster their own kind and let the other individuals and money interests fight it out endlessly in court. I mean, if "the people" don't see how little the state serves their interests, putting Mammon first at nearly every turn, then maybe it is time they wake up and smell the coffee. Maybe all the displays of religiosity by American poohbahs on down the decades have been a mask of piety that concealed their own materialistic inclinations. I know a lot of patriotic Christians don't like that notion but I entertain it more and more all the time.

  3. If I were a judge (and I am not just a humble citizen) I would be inclined to make a finding that there was no real controversy and dismiss them. Do we allow a lawsuit every time someone's feelings are hurt now? It's preposterous. The 1st amendment has become a sword in the hands of those who actually want to suppress religious liberty according to their own backers' conception of how it will serve their own private interests. The state has a duty of impartiality to all citizens to spend its judicial resources wisely and flush these idiotic suits over Nativity Scenes down the toilet where they belong... however as Christians we should welcome them as they are the very sort of persecution that separates the sheep from the wolves.

  4. What about the single mothers trying to protect their children from mentally abusive grandparents who hide who they truly are behind mounds and years of medication and have mentally abused their own children to the point of one being in jail and the other was on drugs. What about trying to keep those children from being subjected to the same abuse they were as a child? I can understand in the instance about the parent losing their right and the grandparent having raised the child previously! But not all circumstances grant this being OKAY! some of us parents are trying to protect our children and yes it is our God given right to make those decisions for our children as adults!! This is not just black and white and I will fight every ounce of this to get denied

  5. Mr Smith the theory of Christian persecution in Indiana has been run by the Indiana Supreme Court and soundly rejected there is no such thing according to those who rule over us. it is a thought crime to think otherwise.