ILNews

Feds decline to press charges against former prosecutor Brizzi

IBJ Staff
October 22, 2013
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Federal prosecutors have declined to press criminal charges against former Marion County Prosecutor Carl Brizzi after a three-year investigation failed to yield sufficient direct evidence he accepted bribes while in office.

A joint public corruption task force led by the FBI and Indiana State Police in the last few weeks presented evidence it had gathered on Brizzi to federal prosecutors, who feared the mostly circumstantial case would not hold up in front of a jury or on appeal, sources told IBJ.

Brizzi did not immediately respond to a request for comment.

U.S. Attorney Joe Hogsett confirmed for the first time in a statement Tuesday that Brizzi was indeed the target of a federal investigation, but that successful cases against two Brizzi associates had failed to yield anything beyond circumstantial evidence against the two-term prosecutor.

In a statement, Hogsett described Brizzi's actions — accepting $25,000 in campaign contributions from the father of a woman (Paula Willoughby) who was seeking a modification to a murder sentence and arranging a lenient plea bargain for a business partner's client (Joseph Mobareki) — as "unacceptible" and vowed to seek to have Brizzi's law license rescinded.

The U.S. Attorney's Office successfully charged Brizzi's former deputy prosecutor David Wyser for accepting a bribe (he pleaded guilty and awaits sentencing), and defense attorney and Brizzi friend Paul J. Page for wire fraud (he also pleaded guilty).

But the feds were unsuccessful at trial in a fraud case against Brizzi friend and business partner John Bales and two partners, who faced a handful of felony charges relating to a real estate deal in Elkhart. A jury found the men not guilty on all 13 counts.

The not-guilty verdict in the Bales case was likely a factor in the U.S. Attorney's Office decision not to pursue a case against Brizzi, though Hogsett did not reference the case in his prepared statement.

"As the United States Attorney, I must determine that there is sufficient admissible evidence to prove a federal crime beyond a reasonable doubt prior to authorizing criminal charges," Hogsett said. "Because neither Paul Page, nor David Wyser, nor any other witness has provided direct evidence that Mr. Brizzi received a bribe in connection with the Willoughby matter or the Mobareki plea bargain, I have determined that there is not sufficient evidence to prove beyond a reasonable doubt that Mr. Brizzi committed the crime of bribery and sustain a conviction."
 

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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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