ILNews

How the Brizzi public-corruption case unraveled

Cory Schouten
November 5, 2013
Back to TopCommentsE-mailPrint

SOUTH BEND—Federal authorities suffered a near-complete defeat in their efforts to prosecute the players in an unusual real estate deal in Elkhart, a setback that ultimately doomed an ambitious public-corruption case targeting former Marion County Prosecutor Carl Brizzi.

U.S. District Court Judge Robert Miller Jr. sentenced Indianapolis defense attorney Paul J. Page to probation on Monday, nine months after a South Bend jury returned not-guilty verdicts against two co-defendants. Page pleaded guilty before trial.

Federal prosecutors and an FBI-led task force had hoped to use the Northern District of Indiana case—and a Marion County case against a former deputy prosecutor—to turn defendants they believed could help convict the former prosecutor for accepting bribes.

But the three-year-old case unraveled when the government's best hope for providing information implicating Brizzi, the real estate broker John M. Bales, beat the 13 felony charges he was facing. And Page and a former Brizzi leutenant who also struck a deal in exchange for cooperation maintained they had no evidence to suggest Brizzi took bribes.

Newly filed court documents detail for the first time the government's strategy as investigators built a case against Brizzi that never made it to a courtroom.

Most notably, Brizzi is alleged to have pocketed more than $48,000 in distributions from his ownership of the state-leased office building in Elkhart, even though he was never officially listed as an owner. Prosecutors had hoped to prove the ownership interest was a bribe from Page, a defense attorney who received favorable treatment from the Marion County Prosecutor's Office.

Of particular interest was a drug case involving a Page client, Joseph Mobareki. Brizzi personally ordered a lenient plea deal for Mobareki and for the return of $10,000 of seized drug money to Page for attorney's fees.

Eight days after the plea agreement and 14 days after the Prosecutor's Office had returned the cash, Brizzi and Page each received $25,000 from their interest in the Elkhart property. Brizzi didn't put up any cash or co-sign a loan on the bulding.

Brizzi and Page each went on to receive an additional $23,300 in distributions from the Elkhart property in 2010 and 2011. The cash distributions to Brizzi were revealed for the first time in a Nov. 1 court filing in a case involving former deputy prosecutor David Wyser.

But Page insisted in interviews with investigators that he gave the equity to Brizzi as a "finder's fee" for bringing him the deal, not as a bribe. Brizzi had heard about the deal through Bales, a friend and business partner who floated the down payment Page used to buy the building.

Page did not disclose to his lender the $362,000 down payment he had received—and would have to repay to Bales—which led to Page's wire fraud conviction. He'll spend two years on probation and pay a $10,000 fine for the crime.

Prosecutors argued the deal violated an agreement between Bales' firm, Venture Cos., and the state that barred the company from direct or indirect ownership of properties where state agencies leased space. Venture had a contract to handle the state's leasing.

But the jury in Elkhart didn't hear anything about Brizzi, leaving a fraud case that seemed to hang on technicalities and lacked an identifiable victim. They acquitted both Bales and busines partner William E. Spencer.

Separately, prosecutors believed Brizzi accepted $25,000 in campaign contributions from the father of a convicted murderer, Paula Willoughby, as a bribe to modify her prison sentence.

But David Wyser, Brizzi's top deputy, told authorities it was he who approved the sentence modification that set Willoughby free.

Wyser agreed to plead guilty to a single bribery charge—for a $2,500 donation toward his run for Hamilton County prosecutor—and cooperate with the government in exchange for leniency. He's facing up to two years in prison and is scheduled for sentencing Nov. 25.

In a Nov. 1 filing, the government described how Wyser accepted the bribe and approved the release of Willoughby, who wound up serving less than 20 years on a 70-year prison sentence.

The early release in July 2009 was the result of a lobbying campaign by local attorney Jennifer Lukemeyer, who has not been charged in the case. She exchanged several emails with Wyser with the subject line "Free Paula!" according to a sentencing memorandum.

In emails, Wyser was hardly veiled about his interest in collecting campaign funds from Willoughby's father.

“What will Paula do to make me feel warm and fuzzy?" he wrote in one email.

“You should convince him to write me a check on behalf of the whales," Wyser wrote in another, referencing the movie Free Willy.

But it was a phone call on the morning of May 29, 2009, that likely sealed Wyser's fate. Based on testimony from Lukemeyer, Wyser called her that morning and said: “I want him [Willoughby’s Father] to give and you can tell him.”

Willoughby's father, Harrison Epperly, wrote the $2,500 check the same day. It was the largest direct contribution to Wyser's campaign during the 2009 reporting period.

Wyser cashed it on June 22, and he filed the sentence-modification agreement the next day. A few months later, Lukemeyer hosted a fundraiser for Wyser at her home, where she says Wyser sought another campaign contribution from Epperly.

Wyser has maintained that he did not solicit the donation but "corruptly accepted it as a reward."

Investigators discovered Wyser had deleted about 60 emails, including incriminating messages between he and Lukemeyer, from his Prosecutor's Office account.

Epperly and Lukemeyer also met on more than one occasion with Brizzi, who is referred to as "The Prosecutor" in Wyser's sentencing memorandum, but investigators failed to turn up any direct evidence implicating the two-term prosecutor.

Federal prosecutors led by U.S. Attorney Joe Hogsett feared the mostly circumstantial case against Brizzi would not hold up in front of a jury or on appeal. So they opted against charging him despite convictions of his business partner Page and former deputy Wyser.

Hogsett in October announced he would not pursue charges but described Brizzi's actions as "unacceptable." In a statement, Brizzi said "Hogsett's baseless aspersions ... are a continuation of his disregard for the boundaries of his office."

Brizzi has maintained his innocence and says the lack of criminal charges supports his position that he conducted his business affairs "both ethically and legally."

Monday's sentencing hearing for Page in South Bend was another setback for prosecutors.

They had argued Page should serve a 14-month prison sentence for a wire fraud count. But the judge scoffed at the sentencing request, noting the crime resulted in no losses to either the lender or the state.

Page's attorney, Robert W. Hammerle, described the offense as an "isolated technical violation" that is actually quite common. The judge seemed to agree, noting that he hadn't seen "many or any" cases with "less aggravating circumstances."

Without a conviction to give Bales strong incentive to cooperate against Brizzi, prosecutors feared a similar ending to a trial of the former prosecutor.
 

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. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

ADVERTISEMENT