The Fourth Element, Part 1
In regard to the 2003 BRAC Initiative Agreement, previous posts by OCGJ have clearly identified the first three elements that are required to prosecute the perfect crime.
- By following the money we can identify “motive.” The $1.9 million (well actually $2 million after Dayton Development Coalition agents changed the contract after the fact) came from Greene County taxpayers and taxpayers from the other 87 Ohio counties once the Ohio Department of Development approved the Coalition’s request for state matching economic development funds regulated by Ohio Revised Code Section 307. Of that $2 million, between 2003 and 2006 more than $550,000 was paid by the Coalition to defunct Washington lobbying firm, The PMA Group represented by Briggs Shade on the Wright Patt 2010 Committee. A portion of BRAC Initiative Agreement funds went to pay exorbitant salaries of Coalition executives including $285,000 to J.P. Nauseef in 2005. The remainder, and then some, was paid to The Greentree Group who’s Chairman of the Board Sam Greenwood sat on both the Wright Patt 2010 Committee and Advisory Board. Federal Election Commission records verify that Greentree Group and PMA Group agents and their family members contributed tens of thousands of dollars to Congressmen Dave Hobson and Steve Austria, some of it illegally which was not returned. J.P. Nauseef and other executives with the Coalition also contributed thousands to Hobson and Austria and other local Greene County politicians.
- “Opportunity” can be traced to the BRAC Initiative Agreement contract and secret deliberations by former Greene County Commissioners Reid, Harper and Madden, who with the cooperation of County Auditor Luwanna Delaney executed the transfer of unappropriated Greene County taxpayer funds to the Dayton Development Coalition.
- At least one “criminal act” can be confirmed by this email when Dayton Development Coalition agents J.P. Nauseef and Judy Brineger conspired with Greentree agents Lou Ferraro and Bill Dwyer to retroactively change the terms and conditions of a contract that was signed nearly two weeks earlier.
Motive, opportunity and evidence of at least one criminal act are the essential three elements sufficient to present a case before a grand jury to consider a formal accusation. A prosecutor can’t do it…..a judge can’t do it…..the county sheriff can’t do it…..by law, only a grand jury of the defendants’ peers can authorize proceeding with a criminal investigation and indictment. And herein lies the problem with the U.S. justice system…..when federal, state and local prosecutors retain unmitigated control over grand juries the inevitable result is rationed (in)justice that gives way to the fourth element necessary to perpetrate the perfect crime…..the cover-up. Prosecutors have a stranglehold on the grand jury process. They have the final say on which cases are presented to a grand jury and which are not, and with that scenario a secondary outcome is that only in rare instances is justice possible for those who do not have independent wealth to fight the system whether as a plaintiff or defendant.
Case No. 2009CV0305 filed in Greene County Common Pleas Court against County Prosecutor Steve Haller, and County Commissioners Marilyn Reid and Rick Perales has drawn a line in the sand. OCGJ may or not succeed in rooting out corruption in Greene County, but we do have a chance as we have three valuable commodities working in our favor…..we have the internet and we have time, and we also have perhaps the most valuable asset available to those who would challenge adversaries as powerful as federal, state and local governments…..we have the truth on our side, and sooner or later the political class will have to confront it.
