Sunday, September 21, 2014

In Los Angeles County Superior Court A Nuremberg Defense Strategy Can Get You A Sweet Quarter Of A Million Dollar Settlement … Just Ask Nick Conway!

In LA County Courts they believe it.
Mod: Who knew that the "I was just obeying orders" defense would someday become the pathway to untold taxpayer riches in the Courts of Los Angeles County? Apparently for former SGVCOG Executive Director Nicholas "Nick" Conway it proved to be the winning lottery ticket, and got him a cool $250,000 dollar settlement from that utterly useless cloaca of public funds, the San Gabriel Valley Council Of Governments. Plus legal expenses, of course. You always need to take care of the lawyers that got you there. This from the Pasadena Star News (link):

San Gabriel Valley Council of Governments agrees to $250,000 settlement with Nicholas Conway: The San Gabriel Valley Council of Governments will pay former Executive Director Nicholas Conway more than $250,000 for severance pay and legal costs stemming from his dismissal and court proceedings in which felony conflict-of-interest charges eventually were dismissed.

A legal settlement was approved Thursday night by the SGVCOG board on a 27-1 vote. Bradbury Mayor Richard Barakat voted no.

Aside from the cash, Conway also received a letter of apology from the SGVCOG saying the investigation and prosecution by the Los Angeles County District Attorney was incorrect and created an “unwarranted image” of the SGVCOG, Conway and his management firm, Arroyo Associates, Inc.

The letter states that termination of the contract Conway and his firm had with the SGVCOG for nearly 18 years was not due to the belief that the DA’s charges had merit. In addition, the letter recommends future employers or associates should look beyond the unfounded allegations “and instead focus on the totality of your body of work and the many significant accomplishments you helped achieve ...”

The payments to Conway and or Arroyo Associates are listed in the settlement agreement as follows: $175,194.49 for defense costs; $9,500 for attorney’s fees for negotiating the settlement; $62,440.84 for resolution of a dispute regarding his termination on Oct. 31, 2012 and $5,838.64 for repayment of a building security deposit connected to the SGVCOG’s office lease.

SGVCOG Assistant General Counsel Kimberly Hall Barlow said a single check will be issued to the trust account of Conway’s attorney. Kenneth White of Brown, White & Newhouse was Conway’s lead attorney throughout the preliminary hearing and the dismissal of the charges by Los Angeles Superior Court Judge Norm Shapiro in July 2013. Conway was also represented by John Van de Kamp, the former state Attorney General and a Pasadena resident.

He did as he was told.
Mod: Here is the part of the article where Mr. Conway's highly successful Nuremberg Defense Strategy is cautiously described:

Shapiro granted the petition to throw out all four charges accusing Conway of benefiting financially from work he funneled for SGVCOG through his management firm. White argued successfully that Conway was doing what the SGVCOG asked and that any contracts and compensation his company received was part of his lawful duties as executive director. Van de Kamp argued that the issue was with the agency’s structure, not the executive director.

Mod: You see? Poor old Sgt. Nick was only obeying the COG's orders. What difference does it make whether those orders, or his carrying out of them, were quite possibly illegal? Crack open that public purse and start paying.

And then there is this:

“Overall, the best part about it is we have reached an agreement and we can put this behind us and the COG can continue working and looking ahead,” said Monrovia Mayor Mary Ann Lutz, president of the SGVCOG since July 1.


Mod: It is nice to see that Mary Ann "Gold LineLutz can be so chipper about turning over a quarter of a million dollars in taxpayer fun funds to the Sergeant Schultz of former COG Executive Directors. You know, so that the important work of the COG can now go on. Like battery recycling, for example.

“Some characters like him in government get away with everything. The good guys are stuck playing by the rules,” said Tom King, ex-SGVCOG president and former Walnut council member who retired from the City Council in July 2013. King and Diamond Bar Mayor Carol Herrera testified for the prosecution in Conway’s preliminary hearing in February 2013.


Mod: Yes, indeed … Now not to pat myself on the back too much, but the matter of Conway's "Nuremberg Defense" was first discussed here on The Tattler back on February 15, 2013. Of course, The Tattler is also the only place where it was discussed, but we won't blame anyone else for that. At least not today. And I wasn't completely right, you know. I never dreamed that it might actually work.

Is Nick Conway Employing A Nuremberg Defense? You don't hear the "I was just obeying orders" defense too much these days. Or at least I haven't heard of anyone using it lately. I had been pretty sure it had gone out of fashion somewhere around 1946, which was about the time a number of famous defendants were using it, and with little demonstrable success. But old styles do have a way of coming back from time to time, and apparently this legal fashion statement stepped right out of its metaphorical Gold Line this week, and walked straight into Los Angeles Superior Court. You can't even begin to imagine the enhanced levels of excitement when they brought this historical (or is that hysterical?) doozy back.

Mod: You can read the rest by clicking here. 

So who exactly are the 27 spineless COG apparatchiks who voted to fork over a quarter of a million dollars in your money to Sergeant Nick? Apparently we will have to wait an entire month before their names are publicly revealed by the SGVCOG. It is a process, you know. However, I promise you that when the identities of these fabulous public servants are made public, we will list them here. With comments.

And who knows? Maybe they were just obeying orders, too.

http://sierramadretattler.blogspot.com

40 comments:

  1. What is money when COG gives us over 2,400 Google links on the virtues of Southern California Edison? C'mon!
    https://www.google.com/?gws_rd=ssl#q=SGVCOG+%2B+Southern+California+Edison&start=90

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  2. Honestly I don't think COG's survival is worth a quarter of a million dollars. In order to raise that money they should be forced to sell the furniture.

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    Replies
    1. More than that, 9:25. They ought to be disbanded and eliminated all together.

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  3. Shapiro should be fired. Good Lord!

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  4. Like a shooting gallery duck, Conway comes back. No doubt his COG minions will hire him back to start the scam all over. After all, he built the monster and there are a lot of politicians indebted to him. Edison is deeply involved in the COG from elected officials down to distribution of COG grants. Grants Nick wrote, and made him lots of money.

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  5. It is obvious that government corruption at the level it is in Los Angeles County could not exist without the cooperation of the courts. This is a classic example of how it all works.

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  6. Whatever happened to "ignorance of the law is no excuse"?

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    Replies
    1. Now now. Enough about Shapiro.

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    2. Since when do "COG's orders" make you exempt from the law?

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    3. @10:26: maybe when a judge interprets the law and determines that no law was broken? Or do you have a different standard in the USA? The DA chose not to refile the case which tells you they knew they had a bad case.

      Is it just possible that King was completely wrong and that he and the DA were playing political games instead? I trust the courts more than a political office like the DA.

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    4. Strap on your nappies, Coglet. Here comes the FBI!

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    5. The DA never said anything, 5:22. Quite a careless assumption on your part. Oh, and ACE ain't coming back. They can't stand the stench.

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  7. One guy with intelligence and integrity: Richard Barakat, mayor of Bradbury.

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    Replies
    1. Would Harabedian have cast a COG vote on this?

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    2. Add Tom King of Walnut and Carol Herrera of Diamond Bar to the list of people with honor. Notice that no one from Sierra Madre seems to have defended the truth.

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    3. Anyone remember when then Mayor Nancy Walsh declared that the "distractions at the COG are over?" That was a few weeks before the DA searched Conway's house for evidence of criminal activity.

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    4. I remember that 11:00. Talk about an idiotic acceptance of an empty defense.

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  8. This is almost too maddening to read. Arroyo Associates and Slick Nick are innocent?

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    Replies
    1. Anyone in a role of public service should not be allowed to be connected to a private company that benefits from it. Yeah? Isn't that kind of a basic safeguard?

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  9. More disgusting legal maneuvering.
    If you can pay them, some lawyers will do and say anything - anything.

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  10. After we vote to get rid if the UUT altogether there won't be any money for COG dues. We'll drag Sierra Madre City Hall kicking and screaming to something resembling integrity.

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  11. Help me understand. Conway claimed that because the COG agreed to the contracts he submitted, he was just following their wishes. Is that really it, or have I misunderstood.

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    Replies
    1. That was Nick's defense. The reality is Nick was calling all of the shots, and our wonderful elected officials at COG, the vaunted defenders of the public interest, just rolled over like little worms.

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  12. The corruption in LA County is so bad they didn't even bother to make up a plausible sounding story.

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  13. At the hearing, Conway suddenly brought in John Van De Kamp.....take a look at the relationship between Judge Shapiro and Van De Kamp.

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  14. Next step? Nick Conway will sue the COG in civil court for damages alleging defammation of character and loss of income. It'll be a multi million doosey. Betcha Van De Kamp will represent him. What a bunch of scum buckets.

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    Replies
    1. That's how they work it. The old boy judicial hotline straight into the taxpayers' pockets. California is a one party banana republic.

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  15. Heya i am for the primary time here. I came across this board and I to find It really useful & it helped me out much. I am hoping to give one thing again and aid others like you helped me.

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    Replies
    1. Yes. Primary time is when all the really good TV shows are on.

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  16. Only hope for justice is the FBI and they are probably swamped.

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    Replies
    1. Los Angeles County governments are the equivalent of a full employment act for the FBI.

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  17. Looks like that tandem of Tom King and Carol Herrera have cost the taxpayers hundreds of thousands of dollars. Will Walnut and Diamond Bar agree to cover everyone else's share of the payout, including ours?

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    1. What? You mean it was King and Herrera that threatened to sue the COG, and not Conway, White and Van de Kamp?

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    2. King, is a former LAPD detective and Herrera is the wife of a retired LA Sheriff Commander. They both went to their law enforcement friends in the DA's office. Surprisingly, the two lying politicians never told the DA that they and their attorney directed and approved everything in public that Conway did and they were now claiming to be illegal. They two never even discussed their concerns with the COG's attorney who prepared the documents and advised them on their actions. When this omission was made known in court, their little plan blew up in their faces. The Judge pointed to the DA and the two of them and dismissed the case, King had already resigned from elected office and moved out of the area while Herrera crawled back underneath her rock and started asking people to help defend her. Sierra Madre should not pay a dime for what these two clowns did and they should send the bill to Walnut and Diamond Bar.

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    3. Really? COG has the right to sanction illegal behavior? Maybe you've been drinking that Arroyo Kool Aid a bit too much?

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    4. Crack has taken its toll on the mind of 4pm.

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  18. You may want to talk with an attorney about the case because it is clear you do not understand the law. If there was illegal activity taking place as you suggest, why did the COG's General counsel approve and prepare the contracts that were required to perform the illegal activities? and why did both King and Herrera voted to approve the contracts every time they had the opportunity to do so? Furthermore, if Arroyo had done these illegal activities why weren't they found guilty of those actions by the Judge? Why didn't the DA appeal the Judge's decision if he was so wrong? He wasn't and just the opposite happened. Now Sierra Madre is left holding the bag for the actions of these unethical politicians that have nothing to do with our community.

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    Replies
    1. Why did COG's General Counsel approve illegal contracts? Because the idiot works for the crooked COG. Damn you are dumb. You have an accident with your head or something?

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    2. Interesting. The proof of the COG's innocence comes from people who …. work at the COG? Um, I don;t think so.

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