ILNews

Feds decline to press charges against former prosecutor Brizzi

IBJ Staff
October 22, 2013
Back to TopCommentsE-mailPrintBookmark and Share

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for a business partner's client (Joseph Mobareki) — as "unacceptible" and vowed to seek to have Brizzi's law license rescinded.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."
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

ADVERTISEMENT