Landfill Investigation: Former AG Arlene Violet Rips Lynch for Not Pressing Charges
Wednesday, September 08, 2010
“The state made a major mistake in not prosecuting this matter,” Violet told GoLocalProv.
At least two candidates for Attorney General have said they would reopen the investigation, but Violet said it’s now too late for that. “When people talk about reopening the investigation I’m not sure what that would do or yield because there’s no question on the major charges the statute of limitations has run out,” Violet said. “I fault the Attorney General’s Office and the State Police for their failure to file charges before the expiration.”
A preliminary state audit found evidence of corruption, mismanagement, and other wrongdoing in March 2008. But instead of taking action then, Violet said Lynch waited into the final report, which was released a year and a half later (click here to read it). Then it was too late to press criminal charges.
“They just let the time run out for one reason or another,” Violet said.
The Attorney General’s office yesterday laid blame at the feet of State Police.
“As the media and others continue to revisit the audit of the RI Resource Recovery Corporation, it’s important to realize that the Rhode Island State Police—the law enforcement agency relied upon by the Attorney General’s Office in this case to investigate any possible criminal conduct and to present evidence to form the basis of a criminal prosecution—did not present any evidence of criminal wrongdoing to this office,” said Lynch spokeswoman Beryl Kenyon. “Had they done so, we would have considered any and all criminal charges supported by that evidence.”
She said the Attorney General’s Office does not have the resources to do its own investigations.
“Should the State Police develop evidence of a crime associated with the RI Resource Recovery Corporation, we are confident they would be in contact with this office,” Kenyon added.
The State Police could not be reached for a response in time for publication.
While she blamed Lynch for his inaction, Violet credited General Treasurer Frank Caprio with developing the strategy of suing the companies that insured the Rhode Island Resource Recovery Corporation, which manages the landfill.
A GoLocalProv investigation reported last week that Resource Recovery most recently sued the Travelers insurance company hoping to recover $16.6 million allegedly stolen by employees. The agency had an insurance policy with Travelers that covered employee theft.
Violet thinks the state will be successful in the suit. “If I were that insurance company, Travelers, I would be looking to settle for something less than the full policy limit because they are taking a gamble in trying to beat it,” Violet told GoLocalProv.
Violet cited two Rhode Island Supreme Court cases that concluded that insurance companies have to cover employee acts even if they are intentional and border on the criminal. (Those two cases are John Angelone v. Union Mutual Insurance Company of Providence, decided in 1974, and Town of Cumberland v. Rhode Island Interlocal Risk Management Trust, Inc., in 2004.)
The absence of any criminal prosecutions makes it more difficult for the civil suits to proceed, Violet added. “That makes it even harder because if there were convictions or pleas they could just point to that and use it as evidence,” she said.
Resource Recovery has already met with success in another suit, winning a $5 million settlement in June against the RSUI Indemnity Company.
Related Articles
- Landfill Investigation: Cost of Employee ‘Theft’ as High as $24M
- Landfill: State Sues Three Firms
- Something Rotten in Landfill Deal?
- State Sues Travelers Insurance for $16 Million Tied to Landfill
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Comments:
eugene fry
8:50am on Wednesday, September 08, 2010
Atilia the Nun needs to take out her yard stick and wack Lynch on the knuckels!
Nick Patriarca
4:22pm on Wednesday, September 08, 2010
This is the height on incompetence or an
intention cover up . No plausable explaination
for allowing the statute of limitation to expire, from highly paid professionals .
And, no logical or acceptable explanation has been given . Maybe the AG's office and RIPD division that handled this matter should be investigated . This is a new low ,even or RI . And, alledgedly, RI finest .An explanation and the true reason for such incompetence is owed to the public .
David Allen
5:52pm on Wednesday, September 08, 2010
Tsk, tsk, tsk... Sister Violent, it is either time to dust off your memory or law books. There is a world of difference between the burden of proof in civil and criminal matters. And while you talk about a slam dunk in the civil matter, that in no way means a conviction in a criminal proceeding. But that doesn't matter because you are charging that both the State Police and the AG's office engaged in a conspiracy to deny the State justice in a criminal proceeding. What's comical about your contention is you don't even believe it yourself. Proof? "My proof," you say. Just take a look at your own statements about the "slam dunk" civil suits:
"Violet cited two Rhode Island Supreme Court cases that concluded that insurance companies have to cover employee acts even if they are intentional and border on the criminal."
"Border on criminal," Sister Violet? Is that what you wanted the State Police and the AG to do... Invent charges that "border" on criminal behavior? How do you think Judge Stern would react to charging "near fraud", "close-to-embezzlement", or "just about theft"? So you would have the AG walk into court with unproveable criminal charges or make up his own criminal code to address the civil, ethical and judgment lapses made by these huxters? Your words, Sister Violet, not mine. The report does not identify any criminal behavior in its long-winded, poorly written prose.
Nontheless, blame the State Police and Patrick Lynch for a cover up to protect the Governor? Perhaps you had not noticed, Sister Violet, but Mr. Lynch and Mr. Carcieri sit at opposite ends of the political parity aisle. I don't think Mr. Lynch would throw Mr. Carcieri a political bone on this one.
As for castigating the character of the men and women of the State Police, or inferring that Colonel Doherty went to the aid of the Governor and threw an investigation; Sister Violet, that dog just don't hunt. How does allowing these crimes to go unpunished assist the Governor? Afterall, he retained the civil auditors that worked with the Department of Audit to undertake the investigation, along with the State Police. Why would he do that if a cover-up were in the making?
As for the Travellers suit, perhaps you didn't notice, Sister Violet, but insurance companies don't settle these types of suits. The insurers will drag their feet and wait for all of us to die, before writing a check to settle this claim. There is a reason, Sister Violet, you don't see too many poor insurance execuitves, Ms. Violet. They aren't giving their money away!
I don't know, Sister Violet, seems to meet you are rapidly sliding down the the slippery slope of Matt Allen, John Dieptro and the worst offender of all, Dan Yorke, trying to shock-jock your way into the headlines. I would dust off the law books and revisit your assertions, prior to talking so far out of school.