Saturday, June 10, 2006
Fraud in State Government? Not Possible!
My old pal Ray Lincoln always said that the really good news stories were stuck aside in the Saturday paper, and this week we have hit a gold mine.
Jake Bleed from the Democrat-Gazette reports.
Note well, Mr. Harris has not been accused of a crime and would be entitled to the presumption of innocence if he were.
Furthermore, the above sounds a bit like, "since my client got caught, can't we just pay the money and forget it ever happened?"
If the allegations are true, a serious offense has been committed.
Several questions arise from this ugly little story.
1. What incentive did state auditors extend to Harris in return for his cooperation and ultimate payment of over $100,000? Was he offered immunity from prosecution?
2. If he was offered immunity, do legislative auditors have that authority?
3. Even if legislative auditors lack authority to offer immunity from prosecution, has Harris been improperly led to give evidence against himself? Was he "entrapped?" (if he was, there can be no criminal prosecution. One may not be compelled to give evidence against himself. It's the Fifth Amendment.)
Little Rock attorney Patrick James represents Harris. Here is his quote, which raises a few more questions.
4. What case? Was a charge to be filed? What are the terms of the "settlement?" Who made it and how was it approved?
Most of us would think that $100,000 is a very handsome payment for a sum that is not owed. How gracious of Mr. Harris.
5. What was Governor Huckabee's interest here? Why would he call on select lawmakers to let this story go away?
The stink of this one rises to the heavens.
A broader investigation is to begin soon. That is a very good thing.
Jake Bleed from the Democrat-Gazette reports.
The former executive director of the state Board of Architects falsely claimed to have driven 142,429 miles of business travel and received $105,140 in unauthorized travel reimbursements between July 2003 and February 2006, according to a report issued Friday by the Division of Legislative Audit.
John Harris resigned from the board March 1 and has repaid the money auditors say he shouldn't have been paid. His attorney, Patrick James of Little Rock, said Harris denies wrongdoing and repaid the money only "to put it behind him and go on with his life."
Note well, Mr. Harris has not been accused of a crime and would be entitled to the presumption of innocence if he were.
Furthermore, the above sounds a bit like, "since my client got caught, can't we just pay the money and forget it ever happened?"
If the allegations are true, a serious offense has been committed.
Several questions arise from this ugly little story.
1. What incentive did state auditors extend to Harris in return for his cooperation and ultimate payment of over $100,000? Was he offered immunity from prosecution?
2. If he was offered immunity, do legislative auditors have that authority?
3. Even if legislative auditors lack authority to offer immunity from prosecution, has Harris been improperly led to give evidence against himself? Was he "entrapped?" (if he was, there can be no criminal prosecution. One may not be compelled to give evidence against himself. It's the Fifth Amendment.)
Little Rock attorney Patrick James represents Harris. Here is his quote, which raises a few more questions.
"Cases are settled all the time when it's just easier to pay money than to litigate" James said. "When they say a certain amount is due, even though he disputes it, if he's paying it, then there's no more claim of any sums being due."
4. What case? Was a charge to be filed? What are the terms of the "settlement?" Who made it and how was it approved?
Most of us would think that $100,000 is a very handsome payment for a sum that is not owed. How gracious of Mr. Harris.
5. What was Governor Huckabee's interest here? Why would he call on select lawmakers to let this story go away?
The stink of this one rises to the heavens.
A broader investigation is to begin soon. That is a very good thing.
