Lawyers ask for $3 or $109 million in RICO case

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A federal judge is being asked to impose damages ranging anywhere from $3 to $109 million in a landmark racketeering suit.

Those amounts came Monday in the findings of fact and conclusions of law, which U.S. District Senior Judge James Moody in Hammond had asked both sides to submit following a full-day hearing June 9.

Now, Senior Judge Moody will decide how to proceed on the damages award and request for relief. He hasn't set any court proceedings or announced when that decision may happen, but the filings in the Northern District of Indiana leave him with options.

With that monetary debate, a new player is trying to get involved in the 2004 civil racketeering case: the Foundations of East Chicago, a non-profit corporation that receives a portion of the East Chicago riverboat casino monies. The organization filed a motion with the court Monday to intervene, with attorneys for Indianapolis-based Barnes & Thornburg entering an appearance. Specifically, the Foundations of East Chicago is countering a key aspect of what the Indiana Attorney General's Office is going after - casino revenue money filtered through that organization by former Mayor Robert Pastrick, who used it for his own personal and political purposes.

While the 2004 case mostly centers on the $25 million of public money used to get votes for the 1999 primary election for Pastrick and his top aides, it also targets casino revenue money that the political machine is accused of misspending during the final years of Pastrick's 32-year reign.

Attorney General Greg Zoeller wants the judge to look beyond the monetary award and impose other relief allowed by the federal Racketeer Influenced and Corrupt Organization (RICO) Act, specifically a state-supervised forensic audit of East Chicago finances and those casino funds.

According to the proposed findings filed, the state says that actual damages total $32,187,242, an amount that includes $1.6 million in fees paid to defense lawyers of a dozen city officials who've been convicted on federal criminal charges in the Sidewalk Six case. With treble damages, the amount would total $96.5 million - pre-judgment interest from the date the suit was filed in 2004 would boost that amount to nearly $109 million.

But Pastrick's attorney, Michael Bosch with Bosch & Dedelow in Highland, said the state failed to make its case, hasn't proved the damages it is trying to recover, and is wrongly going after the East Chicago casino organizations that aren't parties in this case.

Echoing a claim made during closing arguments at the June 9 hearing, Bosch wrote in his proposed conclusion that, "Based on the Plaintiff's utter lack of proof, or offer of good proof, this Court cannot award anything other than nominal damages" and should award them $1, or $3 if tripled by treble damages statute.

Arguing that the casino foundation isn't a party in this case, the organization's attorneys' 13-page motion asks the court to deny any state-supervised forensic audit that may involve that organization.

The brief states there's no legal basis for including Foundations and that the state is barred from seeking relief as it may relate to the casino organization.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.