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Jim Hood, Mike Moore and the Pirates of Marque
Do we see a pattern here?
by Alan Lange
From the 1700s to about the time of the Civil War, various governments issued Letters of Marque (pronounced mahrk). These were official sanctions that allowed private entities to raid and capture ships of foreign or hostile nations and seize assets as a retaliatory measure.

It seems this privateer arrangement is alive and well in the Mississippi judicial system.

Backed by the full faith and credit of the state of Mississippi (often complete with criminal/civil prosecutorial coercion), this legal band of privateers have pillaged the landscape for personal enrichment for two decades to the tune of hundreds of millions of dollars via Tobacco, MCI, State Farm, and there are others. By precedent, these letters are issued on a "first come-first served" basis.

But all of this goes back to tobacco. A lot of people know about Jeffrey Wigand, the tobacco company executive that the Insider movie was based on, but most people don't know how we came to know him.

A PBS Frontline piece documents the emerging tobacco juggernaut in fascinating detail. According to the timeline, in 1988, a paralegal names Merrell Williams at a Kentucky law firm began stealing internal client documents. Williams eventually met an attorney named Dickie Scruggs. Scruggs had already been contacted by then AG Mike Moore, who had been in touch with Clarksdale attorney and Ole Miss Law chum Mike Lewis. Lewis came up with the idea to sue tobacco companies on behalf of taxpayers.

According to his own interview with Frontline, Scruggs adopted Williams as a consultant and paid him a handsome fee in the form of loans. At the same time, Moore and Scruggs approached Congressman Henry Waxman (D-CA). Waxman who had already had the tobacco executives in front of his committee, now speaks in terms of criminal prosecution for perjury for those executives. Plus, the documents began being systematically leaked into the public domain so that they then become admissable in court. Then the tobacco companies crumble.

Fast forward to 2005. Two sisters working for an insurance adjuster steal thousands of internal documents from their employers. Magically, they find their way to Dickie Scruggs. After being accused by Judge Acker of contempt, Scruggs sends them to Mississippi Attorney General Jim Hood (who actually reportedly already had the documents). The Rigsby sisters go on retainer for $150,000 per year apiece as consultants and have their civil defense paid for. Meanwhile, Jim Hood initiates state proceedings against State Farm (the ultimate target). However, this time, the tables get turned and Hood finds himself involved in a countersuit where he may indeed have to testify soon as he was ordered to in November before a temporary halt to proceedings.. He recently filed motions to resume the suit with State Farm after a cessation of hostilities.

Does this sound remotely familiar? Doesn't this sound a little bit like a pattern?

Again, a lot of these incidents in a vacuum don't mean a whole lot. The Rigsby sisters getting $150K/year is not THAT big of a deal. However, when you hold it up to the light and look at the history of the guy at the top of the pyramid (Scruggs) and the political bit players (Hood & Moore), all of this foolishness starts piecing together as a pattern and making a lot more sense.



Posted January 22, 2008 - 9:55 pm
29 Comments:

Here’s a doozy of a comment from Mike Moore from the Frontline piece (linked above).

MIKE MOORE: We could kill the industry. And we could kill them. I mean, I don’t have any question in my mind that we could have killed them. We could have put them out of business, and we still can. If this settlement doesn’t go forward, the industry will be killed. There’s no question in my mind. The states’ lawsuits will put the industry in bankruptcy. There will be no money whatsoever, and there may not be this particular tobacco industry. But guess what? Out of the ashes will rise ABC tobacco industry, with no past misconduct and no liability whatsoever. Therefore they won’t have to pay a penny.

Or we could call a peace, if you will, make them change the way they do business, make them quit hurting our kids and make them pay for the sins of the past. And that’s what we chose to do.

There has been one central theme throughout this whole mess . . . Arrogance.  All I can say is what comes around goes around.

Posted by Alan on 01-22-2008 at 11:10 PM [link]

By the way, Farewell to Majority in Mississippi. He is shutting down the blog. Its been alot of fun to read.

Posted by kingfish on 01-23-2008 at 12:06 AM [link]

Seconded.  Brett’s blog was fantastic, and I’m going to miss reading it.

Posted by Tom Head on 01-23-2008 at 02:52 AM [link]

And, the shingle Atts / Legislators: Scruggs, Lott, Moore, Baldlucci, Langston, PLLC can be changed to read: OFFENDERS: Scruggs, Lott, Moore, Balducci and Langston just as easy out of the ashes. All your clothes, food, shelter, medical and hygiene products will be part of your ‘state issue’ and you will wear your shingle. Patt may just fatten up here local.

One thing for sure, really no way to call a peace or settle out of court on this one. The Feds smell blood and are getting even for all of what they did not participate in at the tobacco settlement.

Posted by jman on 01-23-2008 at 05:53 AM [link]

JMAN,
Jim Greelee isnt “getting even for all of what they did not participate in at the tobacco settlement” He is doing his job.  He is a professional.  He does not use his office to be a loyal bushie or to push a political agenda.  He simply does his job.  Dont insult the only man that isnt worried about getting a conviction or his political career.

Posted by What did you say Tiki? on 01-23-2008 at 07:06 AM [link]

These suits are the direct result of deregulation. If we had laws to protect consumers that were enforced then citizens would not have to turn to the courts for justice.

Posted by Willie Stark on 01-23-2008 at 09:11 AM [link]

Fine analogy, Alan.

Posted by Reagan Dem on 01-23-2008 at 09:21 AM [link]

The tobacco industry was never “deregulated”, thus unbuckling any consumer protection as you suggest.

Moreover, the MCI suit had nothing to do with “deregulation” either.

Same for the Insurance suits.

Your comments are baseless, yet lifted straight off the ATLA talking points.

Posted by Reagan Dem on 01-23-2008 at 09:24 AM [link]

Frontline’s interview here is edited. Lowell Bergman, the main producer on the wheeling and dealing that aired under the staff of the people at PBS, was driven by his own private project.  Bergman writes his promo scripts in most of his shoots between 1994-1999.  Some is “film” interview, but much of this is totally out of contaxt.  I’m not sure what “Frontline” research is promo for Bergman’s own ambitions, or if the whole thing was just a shill.  Most of the cut and paste is half truth, but some is not.

All Frontline shoots were designed to “still the waters”, feed into the promotion of Bergman’s film, and create perceptions of Dick Scruggs and Mike Moore as protagonists.  They were buckaneers.  The first of many Buckaneers, formed by State AG’s pirating for the Medicaid Lawsuits.  However, these are the facts: (1) the main point of law, whether it’s today or in 1994, is that a State or Commonwealth Bench Court Order is not un-done by the fact that another State Attorney General Summarily decides to undo that Order, (2) in Wigand’s deposition, he was under a Court order not to violate another State Court Order, but Dick Scruggs and Mike Moore organized (and I think flew him out of one jurisdiction), to appear and violate his Court Order in another State. 

As for “protection”, I don’t see how that plays when one Court Order is set down, who’s protecting whom?  In the matter of “stolen” documents, in the Kentucky case, Maddox, et.al., vs. Unknown Defendant (1993), there is no claim of “stolen documents”.  In fact, they were sealed in Kentucky. 

Here again, the shill of Frontline brings up an interesting question: how do lawyers as agents of an Attorney General,in one State, having been made aware that a Court Order exists manage to summarily ignore that other Court Order in that other State? 

It’s obvious that you see “Rigsbyism” in this, but that’s what your legislature authorized.  The parallel of ignoring Court Orders from one State to another is law. 

I imagine that Mike Moore’s ïntensive review of a “hot document” just fell out of the sky into his hand.  I sure don’t know where he got it. 

The question that Frontline never asks is this to the Attorney General, “If this, or any other document is covered by a restraining Order, how can you or your Agents (Assistant A.G.’s) “steal” it?  Since the documents used by Glantz were not meant to be returned, but put on the web, they were “stolen”, weren’t they?  Johnny Depp, haul out,mate!

The pure cold fact is that Mississippi’s lawyers stole documents that were protected by a Kentucky Court Order. The pure cold fact is that Mississippi lawyers primed an executive to interpret certain documents that had been stolen by the same lawyers and he was under a Kentucky Order not to speak. 

Screw all this nonsense about heroics.  The DOJ couldn’t break those tobacco Orders.  You’re right.  It does sound like buckaneering. 

But are you going to dock and slip this hoodwinking or just keep the jig up?

Posted by Emlyn on 01-23-2008 at 09:46 AM [link]

Good post, Emlyn.  Thanks.

Posted by Alan on 01-23-2008 at 11:46 AM [link]

Question:  Who is responsible for replacing a Circuit Judge - should that judge resign/retire/leave during his term?
Supreme Court, the Governor??

Posted by ccvz on 01-23-2008 at 03:21 PM [link]

Hey HL-rip.............better believe he’s doing his job. And, we all know the catalyst. It not good to snub the Feds from their due.

Posted by jman on 01-23-2008 at 07:15 PM [link]

The Governor appoints circuit judge replacements in the case of any vacancy.

Posted by Reagan Dem on 01-23-2008 at 07:47 PM [link]

Question:  Who is responsible for replacing a Circuit Judge - should that judge resign/retire/leave during his term?
Supreme Court, the Governor??

Posted by ccvz

The same position appoints him as the one which appointed this one in the first place, right? The Gov.

Posted by Donn on 01-23-2008 at 08:10 PM [link]

Greenlee sat down at the best poker table in town from day one and has got the poker face down to a micro-science.  Folks looking for chest-thumpers and dog and pony shows are huddled up 3-deep watching the Keker parade go round in circles day after day.  Imagine a bunch of worn out trumpeteers, lips all swollen from tooting the Keeker horn.  Any tickets left for the anticipated free-for-all when trumpets, trombones, and tubas start flying, marchers start going the wrong way on those 1-way streets, and mild-mannered musicians come to fisticuffs and smackdown on the good square?  Keker may be the greatest thing since sliced bread from San Francisco to Manhattan, but in the mind of the fly, he conjures up images of the NY mob’s counselor who lasted 5 minutes at the Phil Spectoracle.  Now there was one Judge anti-Ito..

Posted by msbarfly on 01-23-2008 at 09:11 PM [link]

http://www.gunweek.com/2005/hs091005.html

Alan, No comments option for SB2286.  Look to the link above to see this tired old chestnut’s past.  The payola got to Illinois, Hawaii, and Mississippi this year.  It has made the New York and California circuit 2 years ago.  This is a boondoggle of the highest order.  Look to the ACDS companies revenue projections for “licensing fee for every bullet imprinted” to see where this is headed.

Posted by daddymax on 01-23-2008 at 11:55 PM [link]
Posted by weirdharold on 01-29-2008 at 06:00 PM [link]

Alan, Ms Code 7-5-63. Reports to the legislature: AG will file complete report of all moneys received and disbursed during the year in first week of regular session. Have you seen that report?  The 2006 is still on AG website--no sign of the 2007 report....

Posted by Just Me on 02-05-2008 at 04:49 PM [link]

Methinks he’s busy with other stuff.  Actually, that was his lawyers’ argument against the Scruggs depo . . . that everyone was so busy getting ready for the SF v. Hood hearing, that no one had time to fight over a deposition . . . which of course they did.

But no, I have not seen that report.  But I did see the DAGA report showing $500K to his campaign funneled from Scruggs and Langston through DAGA in October.  I doubt that’s on the AG’s website either.

Posted by Alan on 02-05-2008 at 05:06 PM [link]

Hear from a very reliable source that State Farm has GPS devices in all of their laptops.  When the “2 ladies” on their payroll were so informed - they “turned white” with fear.  Guess where the GPS system tracked the ladies for the meeting with Scruggs etal - at the Trent Lott/Richard Scruggs hunting camp - how about them apples!!!!!!

Posted by barneyfife1 on 02-05-2008 at 06:20 PM [link]

Don’t buy it Barney. Not the way I heard it (or actually read it in a deposition, I believe).

Posted by HailReagan on 02-05-2008 at 06:38 PM [link]

WOWeWow, Barney, how reliable are your sources, Did theyalso have hidden eyeballs to search out the folks sitting around eating deer meat, playing cards and drinking beer?  Seems like the hood is a big deer hunter.  HMMMM

Posted by Sonny on 02-05-2008 at 07:31 PM [link]

Someone needs one O them seven day cruises fly.

Posted by Donn on 02-05-2008 at 07:36 PM [link]

and some of yall have been awful quiet lately...keep it up, we all appreciate Alan’s site to much to have it spoiled by dominators. Now have a nice day...Look forward to seeing your interesting posts in the future.

Posted by Sonny on 02-05-2008 at 07:40 PM [link]

SF and GPS systems?  unbelievable… just in case anyone might be inclined to consider facts over rumor, there, there are lots of court documents that describe in fascinating detail how scruggs, the sisters, and others were holed up in a trailer with secured SF laptops.  but, that stuff is definitely not for everybody and if i’m tired of hearing myself talk about where this stuff is, YALL are downright SICK of it.  Rumors and all?  much less eye strain.  forget deposition testimony and trial transcripts. 
why didn’t i think of that, already. duh.

Posted by msbarfly on 02-05-2008 at 07:52 PM [link]

Barneyfife1
Who are you ?

Posted by Barneyfife lives in Booneville on 02-05-2008 at 08:58 PM [link]

Whomever Barneyfife1 is he seems to have choosen that name for a very good reason and they will more than likely post some very stupid things like that for a reason which he and I only will know why , He is like all Children and as with most Children its best to ignore some of the stupid things they say and do......

Posted by Barneyfife lives in Booneville on 02-05-2008 at 09:02 PM [link]

Had me fooled. I just assumed you use punctuation and spell check every other post.

Posted by HailReagan on 02-05-2008 at 09:08 PM [link]

sonny:  Totally, man.  Right-on.  Place is much more informative and progressive now that the up-and-comers have room to flex their muscles.  All those complex, esoteric issues are finally making sense and getting all figured out.  The ball is being advanced big time, don’t you think?  Every post’s another 1st-down.  Nail-biting suspense, if you ask me.  A real page-turner, if you know what I mean.  and to know you had a hand in it...now, there’s something to take real pride in, for sure.

Posted by msbarfly on 02-05-2008 at 09:59 PM [link]
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