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East Chicago-casino settlement up in air

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Indiana Lawyer Rehearing

"RICO case nets $108M in damages" IL March 17-30, 2010

Marion Superior Judge David Shaheed on April 19 declined to immediately decide on the state's request to set aside a partial settlement in a dispute about East Chicago casino revenues.

The Attorney General's Office objects to a lawsuit settlement filed between the City of East Chicago and for-profit company Second Century that received about $16 million in casino revenue since the late 1990s. The AG wants Judge Shaheed to set aside the settlement granted April 8, specifically because the city council had rejected the settlement in March with a 5-4 vote. If approved, the settlement would release about $8 million in remaining funds. Of that, 54 percent is to go to the city administration and 46 percent to Second Century owners. In addition, the casino revenue stream is being redirected to the city without any accounting of how the money's been spent so far or how it might be spent in the future.

This case is part of a larger investigation into public corruption in East Chicago, which so far has been highlighted by the AG's recent victory against former mayor Robert Pastrick and aides in a federal civil racketeering case. In March, a federal judge ordered that they pay $108 million. While this Second Century case is separate, it involves most of the same players and the casino revenue that's been a part of the entire line of litigation. The AG's Office says it was not consulted on the settlement between East Chicago and Second Century.

Briefs were due from both Second Century and the East Chicago Foundations April 23, and the state's reply is due May 3. Following those briefs being filed, the judge will take the arguments under advisement and may hold another hearing in May.
 

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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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