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Indianapolis attorney pleads guilty in deal with prosecutors

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Indianapolis attorney and developer Paul J. Page has agreed to cooperate with federal prosecutors in an investigation that also targets former Marion County Prosecutor Carl Brizzi.

Page on Friday pleaded guilty to a felony wire fraud charge in U.S. District Court in South Bend, agreeing to testify if necessary against co-defendants John M. Bales, a real estate broker, and Bales' partner William E. Spencer in the Northern District case.

Page separately agreed to cooperate with a Southern District investigation that could forestall additional charges against him, Assistant U.S. Attorney Jesse M. Barrett noted during the morning hearing.

Page, 47, could face up to 20 years in prison and a $250,000 fine for the wire fraud charge, but he opted to take his chance on leniency in exchange for his cooperation.

A 14-count indictment in South Bend alleges Page, Bales and Spencer defrauded the state and a bank over their purchase of a building in Elkhart and a subsequent lease deal with the state's Department of Child Services first revealed as part of an IBJ investigation.

A trial in that case is scheduled to begin Jan. 28 and last up to two weeks.

The government agreed to drop the 13 other charges Page was facing, assuming he cooperates as promised. Page also agreed to forfeit the office building in Elkhart he has said he co-owned with Brizzi. Page's sentencing is scheduled for April 12.

Page declined to comment as he left the courtroom Friday to meet with a probation officer.

His attorney, Robert W. Hammerle, said Page was a victim of a scheme orchestrated by Bales. He pointed to the fact that Bales named the company that wound up owning the Elkhart building L&BAB LLC, an acronym for "lazy and broke-ass bitch", an apparent reference to Page and perhaps Brizzi as well.

The government has not filed any charges against Brizzi.

Asked whether the investigation in the Southern District has Brizzi as its target, Hammerle said: "Use your own judgement. Beyond that, I'd refer you to the U.S. Attorney's Office."

A spokesman for the U.S. Attorney's Office in Indianapolis declined to comment.

Barrett declined to comment or provide a copy of the cooperation agreement involving Page, which was was not filed in court.

During the hearing, Barrett described the probe as a "parallel investigation in the Southern District into conduct in which Mr. Page was involved."

U.S. District Judge Robert L. Miller Jr. asked Page several questions about the agreement to ascertain whether the terms were clear. Page acknowledged he could be called to testify in the case against Bales and Spencer, and agreed to stipulations that could extend his potential prison sentence including the fact that the crime required "sophisticated means" and "special skills".

Page acknowledged in court and in the agreement that he concealed from the bank that he received funds from Bales to buy the Elkhart building in 2008.

The two had agreed to split the proceeds, despite the fact Bales' firm, Venture Cos., represented the state in lease deals for state agencies. The firm's contract with the state explicitly banned Venture and its partners and employees from “any ownership interest” or any “attempt to acquire” properties to be leased by the state.

"I'm guilty of these charges," Page told the judge.

Hammerle said the lender has not lost money on the deal since Page honored his deal.

"As long as I've done this, the toughest cases, right or wrong, are when you like your clients," Hammerle said. "I like Mr. Page."

Page was admitted to the Indiana bar in 1990 and does have a history of discipline, according to the Indiana Roll of Attorneys. The details of the discipline are not posted on the Indiana Supreme Court's website.

Jason Barclay, an attorney for Bales, said his client has not entertained or accepted a deal with federal prosecutors.

"We're looking forward to proving his innocence on January 28," he said.

The Indianapolis Business Journal is a sister publication of Indiana Lawyer.

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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