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Reflections on Dickie Scruggs’ Sentencing
We're just getting warmed up
by Alan Lange
As someone who has followed every twist and turn of the Dickie Scruggs saga, there are a few things that come screaming out of these proceedings that have not received adequate coverage. As many in the press and the legal community have noted, Friday was a sad day. Nobody in their right mind would wish that sort of pain on anyone else, and several are coming to grips with their own demons. It looks like several more will in the months to come.

However, Friday was also a good day. Just like important civil rights rulings, there is a catharsis that needs to take place in Mississippi with regards to corruption in the legal system. That means exposing and punishing this sort of behavior with the justice system and the Mississippi Bar banding together to acknowledge and deter this sort of corruption.

The Judges

Judge Neal Biggers has shown himself to be a man of character throughout this whole affair. He has given no quarter to Scruggs, who had the best lawyers and advice money could buy. He was stern yet fair to Scruggs and his sentencing accurately reflected the severity of the crime and the totality of the circumstances. It is safe to say that he knew more about the evidence than the general public and he clearly implied that there is more to come. Another thing that is lost is that Oxford is a community that is completely close knit. Biggers, Tollison, Scruggs, Greenlee, Norman and all of the players on either side of this saga know each other well and see each other regularly. This was akin to sentencing your neighbor to prison, and it again takes special courage to exact that sentence under such circumstances.

Judge Henry Lackey should be lauded for his courage. Biggers certainly recognized that in the proceedings saying that Scruggs & company was messing with the wrong guy. He should forever have the esteem and gratitude of those thoughout the legal and business community. In short, he represents what's right about the system.

The Prosecutors

US Attorney Jim Greenlee and all of his AUSAs deserve a great deal of credit. There has been no gloating. There has been no grandstanding. There has been no malice in prosecution. This has been by the book, and their conduct deserves recognition and thanks. Their work is ongoing, and I hope they continue on their current path of success and work with the same no-nonsense demeanor to get to the bottom of all of this . . . wherever it leads.

Chancellor Robert Khayat

It simply defies description at the arrogance and lack of judgement that Robert Khayat has exercised. Khayat functionally used the power of his office to endorse Dickie Scruggs' behavior and wrote a letter to Biggers on Ole Miss letterhead. As a Scruggs was a multi-million dollar to Ole Miss, the fact that Khayat should have at the very least written the letter on personal stationary to try and provide some sense of distance between his personal feelings and his standing at the University. This whole drama at its core involves blurring ethical and legal lines and this lack of judgement reflects poorly on Khayat. His letter reads in part . . .

Throughout his adult life he has been a model citizen, family man, community supporter, and active participant in his church. He and his wife Diane are clearly among the finest people I have known.

It is my belief that any time he spends being incarcerated is an absolute waste of a great deal of talent and ability. He has much to offer society and is a public-spirited person. Furthermore, it would appear to be a waste of taxpayers' money. Punishment is relative to the individual. A man such as Dick has been amply punished by the loss of his profession and his public statute (sic).


As a man in a position of public trust of millions in state resources, Khayat should have known better. More than one courtroom observer stated that in delivering his sentence, Biggers glared directly at Khayat, present in the courtroom, before uttering the following . . .

. . . as one person who wrote a letter said, he thought sending you to prison would be a waste of the taxpayer' s money. To alleviate any concerns for that person, the taxpayers won' t have to pay for your incarceration; you'll pay for it yourself.


The Political Ramifications

In addition to whatever happens next, which Biggers implied had further legal and political ramifications, the Scruggs saga has already wiped out the shining political star of Mike Moore. I have repeatedly drawn the corollary to the Corleone family consigliere, Tom Hagen. His involvement with this mess, I believe, is responsible for Moore not pursuing what so many thought he would . . . a shot at the US Senate. He stood a very good chance of prevailing in the current political environment.

Others currently in office and those that are seeking it will continue to be tainted with the money and influence exercised by Scruggs (and to a lesser extent, Paul Minor). AG Jim Hood (D) and former Governor and current US Senate candidate Ronnie Musgrove (D) have deep and documented financial and working relationships with Scruggs and his inner circle. Where it goes . . . who knows?

The Ongoing Investigation

Remember that Dickie Scruggs did not agree to cooperate in his plea agreement. Scruggs still may be reindicted for the Hinds County mess that Joey Langston and Steve Patterson have pleaded guilty to. My sense was and continues to be that if Scruggs had cooperated with the Feds fully, he might have a global plea deal that would entail no more jailtime than he is currently facing. That may still be a legal possibility, but the Feds either (a) may not need his cooperation or (b) certainly not be in a "dealmaking" mode. If Dickie Scruggs is subsequently indicted for other offenses, he will be treated as being charged as a convicted felon, which automatically increases a possible penalty. There is, at this point, no assurance that Dickie Scruggs will get out of jail in the forseeable future given that others may implicate him further in other bribery/legal fee schemes.

Biggers clearly implied that more was to come . . .

there might be some things that you (Scruggs) can do to help yourself in the future; and you can read about it. You may not remember what I ' m saying, but there' s some people who you're involved with who I have become intrigued in this situation of what' s going on.

When I see, from this case and others, that people who are not lawyers are getting considerable amounts of money from a legal settlement and - - you know, it intrigues me as to how - - what they're doing to earn it, if anything. They're not lawyers, so they're not receiving any settlements. If you come - - you know, Balducci said that you know where a lot of bodies are buried. If you want to uncover some of those bodies, it might help you in the future in this case and this sentencing.


And more will come. Former Auditor Steve Patterson, Timothy Balducci and uberlawyer Joey Langston have all not even been scheduled to be sentenced. The extent of their cooperation is not yet fully known, but after seeing what Biggers did to Scruggs, they have ample motivation to tell the Feds everything they know. That may well be a major by-product of Biggers sentencing. Serious questions remain about the legal and ethical improprieties of P.L. Blake, former Hinds County DA Ed Peters and Judge Bobby DeLaughter. After hearing Biggers on Friday, I am more convinced than ever that we will see more indictments and that this saga will continue to unfold in slow motion like the trainwreck it is.

As tough as this is to watch, it's time to hold our collective heads up . . . and score one for the good guys.


Posted June 29, 2008 - 8:51 am
10 Comments:

One more thing that I didn’t put in the piece. . .

This whole thing was ENTIRELY PREVENTABLE.  It is the direct result of Dickie Scruggs masterminding the screwjob of a fellow attorney over fees, in this case Johnny Jones.  Jones joins company with Alwyn Luckey and Roberts Wilson.  And by continuing to fight Jones over the course of the last few months instead of settling with him, Scruggs & Company inflicted further damage to their criminal and pending civil cases by having to testify under oath on a variety of issues.

Posted by Alan on 06-29-2008 at 03:31 PM [link]

"Let me be clear: There are no problems,” Lott said.

On Monday, the 26th of November, 2007, the Republican Party and Mississippians were shocked to hear of Lott’s impending resignation from the Senate. He would be out at the end of the year as he and Trish had decided to spend more time together, family wise.

Two days later, Wednesday, November 28th, a true bill of indictment is handed down and served to brother-in-law, Dickie Scruggs.

There are more “bodies buried” is an understatement!

http://www.cnn.com/2007/POLITICS/11/26/lott.resign/index.html

Posted by Blackjack55 on 06-29-2008 at 03:34 PM [link]

AL:  you do realize there are other charter members of the Jones, Luckey club, don’t you?  this has been going on for decades. the casualties began piling up after scruggs struck gold with asbestos.  some fell off the radar 15-20 years ago with quiet settlements or surrender after years of battling him in court after court after court just to get their shares of attorneys fees.

can’t help but wonder just what he’s soooo ashamed about as of friday, june 27, 2008.  getting caught, no doubt.

Posted by liblen on 06-29-2008 at 06:31 PM [link]

Very well said, Mr. Lange. Thank you so much for keeping us informed.

Posted by dixie68 on 06-29-2008 at 08:44 PM [link]

”...with the justice system and the Mississippi Bar banding together to acknowledge and deter this sort of corruption.”

Alan, look at the list of people who wrote glowing letters of admiration for this criminal.  The Dean of the UM Law School, numerous prominent attorneys, the Chancellor (and law prof) of Ole Miss, and even the former General Counsel of the Mississippi Bar all sent in their sob letters to Judge Biggers.

I have a good friend who is a lawyer but wants to leave the practice of law because of a growing perception that he will never get a level playing field in this state.  He feels there are still too many Scruggs-like practicioners unindicted yet.  That may be a bit of a stretch but if you have been on the losing end of a case that could not have its verdict explained in any logical way you might feel that way as well.  When you see the Dean of the UM Law School buddying up with Scruggs you get the impression that the elites have no interest in cleaning out the system.

Posted by rubradog on 06-29-2008 at 09:27 PM [link]

bluedog,
Your friend sees how it operates… either be the next Scruggs (even on a small level) or get out of town.

The Bar Assn, is a joke. The AG and head of Ethics are brothers… where does one go when the legal system is corrupt?

The only place left is the Feds… and they only have so much time, not to mention the Feds head for the big fish (understandable) like Scruggs and not the MANY catfish still feeding at the bottom.

Look at the Langston deal, it’s obvious he was involved in a lot to get a deal like that. While the Feds likely use his testimony to work upwards, they could easily work downwards… Langston had a lot of cases with local prosecutors. While Joey admits to being involved in big payouts, does anyone doubt he was involved in a (oh, let’s say) DUI case for a couple of grand?

Posted by rebmus on 06-29-2008 at 09:53 PM [link]

Very good analysis and commentary, Alan.  Thanks for the work you are doing keeping us informed.  No other news source in the metro area is even trying!

Posted by grasshopper on 06-30-2008 at 08:01 AM [link]

just goes to show you that what goes around comes around.  He,( Scruggs), ought to be able to sleep at night now, cause he ain’t gotta be looking over his shoulder any more.

Posted by shorty on 06-30-2008 at 11:38 AM [link]

Maybe we should have Scruggs and his friends sue “BIG OIL” for price gouging free bono while in prison.

Posted by JP on 06-30-2008 at 11:56 AM [link]

It WAS a good day for the good guys.  Toby Keith and Willie Nelson represent it well in “Beer for my horses” ..that song came to mind today.

“Justice is the one thing you should always find
You got to saddle up your boys
You got to draw a hard line
When the gun smoke settles well sing a victory tune
Well all meet back at the local saloon
Well raise up our glasses against evil forces
Singing whiskey for my men, beer for my horses”

Cheers.

Posted by Shelby on 06-30-2008 at 07:42 PM [link]

I think The Dickster might be looking over his shoulder more now than ever since he is a convicted felon. May be he won’t see the light of freedom. Do you think Mikey Moore, and I dont know, ask my asistant Jim Hood are getting a little nervous.What about the 2 thieves oh excuse me Whistle blowers. As Capital asks what’s in your wallet I mean computer.

Posted by Tuna on 06-30-2008 at 07:51 PM [link]
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