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for a business partner's client (Joseph Mobareki) — as "unacceptible" and vowed to seek to have Brizzi's law license rescinded.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. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.